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New York Law Journal

Intentionally Caused Motor Vehicle Accidents in the Video Spotlight

The author writes that public awareness of staged motor vehicle accidents has been raised by the viral video of the Belt Parkway crash and the video of a person in a bear costume damaging luxury cars in California, but staged, intentionally-caused losses have been a problem for insurers for a long time.
9 minute read

New York Law Journal

Ninth Circuit Rules on Inherent Authority and FRCP 37(e)

The authors write "In this space nine years ago, nearly to the day, we analyzed the newly-enacted amendments to the Federal Rules of Civil Procedure relating to e-discovery. These amendments included a new Rule 37(e), designed to govern the imposition of sanctions by a court when a party has failed to preserve electronically stored information (“ESI”), thus resolving a circuit split on the degree of culpability required for certain sanctions."
8 minute read

New York Law Journal

Patent Trolls Come Under Increasing Fire in Federal Courts

This article discusses the classification of "patent trolls" within the United States patent system.
8 minute read

New York Law Journal

Tightening the Noose on Franchise Fraud

"As a lawyer exclusively representing franchisees, the types of claims that I see are numerous and varied. Anything from a franchisor’s failure to approve a transfer, to a threatened termination, to failure to support the franchise in a way the franchisee is expecting (which happens a lot)—the calls I receive keep my job interesting."
6 minute read

The Recorder

Co-Founder and Startup Divorce: Hope for the Best, Prepare for the Worst

These separations can be just as emotionally taxing and legally complex as a marital split and just as often result in financial and operational issues for the founders, investors, and the startup itself.
8 minute read

Daily Report Online

'Get Laid Off With Me' on TikTok: What Employers Must Know About This New Trend

Employers need to be prepared for the increased likelihood that its employees will take to social media when faced with termination and layoff situations.
5 minute read

New York Law Journal

Statute of Repose: A Tool for Defeating Securities Claims?

Courts have split over whether the statute of repose runs from the date of the last alleged misstatement or from each alleged misstatement individually. This article explores that split.
9 minute read

The Recorder

Build It and They Will Come: Tips to Market Your Practice as a Junior Attorney

Building a business as a lawyer is invaluable to a future career in private practice. The challenge is to become skilled in an area and to develop work in that practice, even while one's knowledge of the field is developing.
6 minute read

The Recorder

Why Is California's State Bar Pinching Pennies at the Public's Expense?

Protecting the public—not thrift—is the bar's primary regulatory purpose, and its focus on cutting corners has arguably diluted the bar exam from the nation's hardest to something that weakens public protection.
6 minute read

New York Law Journal

AI Hiring Poses Discrimination Risk; A Cautionary Tale

A recent decision from a federal court in California shows that employers need to be careful to avoid potential discriminatory impact if they use AI in employment decisions. EEOC and local lawmakers, including NYC, are also taking steps to ensure that the adoption of this emerging technology is compliant with anti-discrimination laws.
9 minute read

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