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February 20, 2024 | Law.com

Disbarred Attorney Must Pay $1.3M in Restitution for the 'Most Egregious and Extensive Trust Violation' Commission Has Ever Seen

"In recommending disbarment, the Commission asserted that the scope and magnitude of Doud's ethical failures were 'unequaled in the Commission's collective experience,' and this case proved the most egregious and extensive trust violation and misappropriation/commingling case to ever come before it," the order said.
6 minute read
February 20, 2024 | Connecticut Law Tribune

A Waste of Time: Let's Retire the Request to Revise

The language of 10-35 invites requests for fairly hilarious reasons, including whenever you think there is something "unnecessary, repetitious, scandalous, impertinent, immaterial, or otherwise improper allegations in an adverse party's pleading."
5 minute read
February 20, 2024 | New York Law Journal

Court of Appeals Weighs in on Reasonable Suspicion

The Court of Appeals had a relatively quiet January and released four opinions. In 'People v. Messano', it considered whether the police had reasonable suspicion to detain the defendant and whether the People met their burden of showing that drug-related contraband should not be suppressed because the evidence was in plain view.
8 minute read
February 20, 2024 | New York Law Journal

Is Franchising Really Doomed in 2024?

In this article, Marc Lieberstein and Chris Caiaccio discuss recent legislative developments that represent the clearest attack on the franchise model to date that may present challenges to the growth of franchising in the year ahead.
10 minute read
February 20, 2024 | The Legal Intelligencer

The Restatement Third Takes Another Nosedive

Under the risk-utility test, "a product is in a defective condition if a 'reasonable person' would conclude that the probability and seriousness of harm caused by the product outweigh the burden or costs of taking precautions." The court stated that a plaintiff may proceed under either theory, or both theories in the alternative.
14 minute read
Law Journal Press | Digital Book Texas Legal Malpractice & Lawyer Discipline 2024 Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner View this Book

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February 20, 2024 | New York Law Journal

Trends In Real Estate Litigation, Part 1: Statutes of Limitations

This four-part series will examine how litigation impacts various aspects of practice in the real estate industry. It will also explore how even well-informed parties (and their counsel) frequently trip up by not anticipating how New York's courts will apply the law in their situation. This first article in the series will discuss some of the hazards of statutes of limitations, which have an appearance of simplicity that can be deceptive.
7 minute read
February 20, 2024 | New York Law Journal

When Investors Rush In: The Close of Sam Bankman-Fried's Criminal Case Signals More Lawsuits Against Private Equity Firms to Recoup Losses

The authors expect a wave of lawsuits against private equity firms by investors in the wake of private actions brought against the collapsed crypto platform FTX.
7 minute read
February 20, 2024 | The Legal Intelligencer

Trademark Basics and How to Spot Potential Issues for In-House Counsel

This article discusses important trademark basics as well as common questions and issues in-house counsel often encounter during due diligence or IP audits.
9 minute read
February 20, 2024 | New York Law Journal

Court of Appeals Grants Increasing Number of Criminal Appeal Applications

Thomas R. Newman of Duane Morris suggests that an increase in the number of criminal appeals heard and decided by the New York Court of Appeals is welcome.
1 minute read
February 20, 2024 | New York Law Journal

Decision of the Day: Mere Dissatisfaction With Case Outcome Does Not Constitute Malpractice

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read

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