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February 15, 2024 | New York Law Journal

Unregistered Foreign Business Entities 'Doing Business' in New York and Their Right To Sue

In New York state, business entities formed or incorporated outside New York that meet the criteria of "doing business" in New York are classified as foreign business entities and are required to register to do business in New York. Both the New York BCL and the New York LLC Law provide that, without registering in New York, a foreign business entity does not have the legal capacity to bring suit in any New York state courts, although it can be sued in New York.
10 minute read
February 15, 2024 | New York Law Journal

Removing a Child: A Painfully Imperfect Calculation

There are too many instances of child welfare officials leaving children with their families when later catastrophic events suggest that a removal from that environment could have been protective, or even life-saving. However, the opposite is also true. And then, there are many cases when a child protective services worker is truly not sure what to do, but the system "errs on the side of caution" and removes a child from their family anyway.
6 minute read
February 15, 2024 | New York Law Journal

Settlement Agreement Enforceable in Absence of Written Agreement

While working toward a settlement, it is common for parties to email proposed terms and settlement amounts without necessarily expecting that their communications will be enforceable. 'Elysium Health v. ChromaDex' illustrates that settlement terms can be enforceable without a formal, executed agreement if the parties express mutual assent and intention to be bound.
7 minute read
February 15, 2024 | New York Law Journal

SDNY Breaks With Tradition in New Whistleblower Pilot Program

A discussion of the SDNY's Whistleblower Pilot Program which is designed to encourage early, voluntary disclosure of criminal conduct by individual participants in non-violent offenses involving fraud and public corruption.
7 minute read
February 15, 2024 | New Jersey Law Journal

Amazon Named in Product Liability Claim Over Eye Drops Contaminated With Rare Bacteria

This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
4 minute read
Law Journal Press | Digital Book New York Employment Law 2023 Authors: Daniel A. Cohen, Joshua Feinstein View this Book

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February 15, 2024 | The Legal Intelligencer

How to Identify When an Employee Benefits Plan Discriminates on the Basis of Gender Identity

This article will focus mainly on Section 1557 of the Affordable Care Act (ACA), which prohibits health insurance plans from discriminating against beneficiaries on the bases of race, sex, age and disability.
6 minute read
February 15, 2024 | The Legal Intelligencer

ABLE Accounts: Tax-Free Growth for Individuals With Disabilities

While SNTs can be excellent planning tools, they are not the only option. Most states offer ABLE accounts—savings accounts that provide tax-free growth for individuals with disabilities without affecting eligibility for Medicaid, Supplemental Security Income (SSI) or other means-tested benefits.
6 minute read
February 15, 2024 | Legaltech News

Small Law Firms Must Take Action and Address Cybersecurity and Privacy Regulations

Small law firms must prioritize cybersecurity and privacy regulations to protect their clients' sensitive information and maintain their professional reputations.
9 minute read
February 15, 2024 | New York Law Journal

Decision of the Day: Barring Issuance of Adult Cannabis Licenses Would Not Serve Public Interest

This ruling was selected and summarized by the New York Law Journal's decision editors. 
2 minute read
February 15, 2024 | Daily Business Review

DOL's Final Rule on Employees and Independent Contractors: How It Will Impact Fla. Employers

With the large number of small businesses in Florida that depend on independent contractors, Florida employers need to take time to understand the final rule and make any changes necessary to their business model so they can best avoid the serious economic costs of worker misclassification.
6 minute read

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