New York Law Journal | Analysis
By Christopher Boehning and Daniel J. Toal | April 1, 2024
In a recent decision, the Ninth Circuit clarified and affirmed the use of Rule 37(e) as the standard for imposing sanctions for the loss of ESI and upheld the dismissal of a plaintiff's employment discrimination case as a sanction for intentional spoliation of text messages.
New York Law Journal | Analysis
By Barry Kamins | April 1, 2024
Recently, a judge in the Eastern District of New York announced a new legal standard for probable cause in gun cases in New York. Essentially, the court concluded that a significant increase in lawfully possessed guns in New York City has altered the probable cause equation in these cases. The government is seeking reconsideration of that ruling.
New York Law Journal | Analysis
By Michael J. Bowe | March 29, 2024
In short, if you are not conducting a robust pre-litigation investigation of any major case, you are handicapping yourself before you begin. Such work is productive, cost-effective and a force multiplier if done correctly.
New York Law Journal | Expert Opinion
By Alan Feigenbaum | March 29, 2024
Alan Feigenbaum discusses the recent decision in J.H. v. C.H. He writes: "I couldn't help but smile in complete satisfaction from start to finish, because in this case, a divorce court did what we, as matrimonial lawyers, can only hope for: it prioritized the best interests of a family."
New York Law Journal | Analysis
By Ilene Sherwyn Cooper | March 29, 2024
As 2023 came to an end, and 2024 began to unfold, the Surrogate and Appellate Courts throughout the state have been busy issuing decisions of interest—not only to the trusts and estate practitioner but to the bar at large.
New York Law Journal | Analysis
By Thomas P. Kurland, Shelley Attadgie and Jabari Matthew | March 28, 2024
This article highlights how a key issue to be resolved is whether the algorithms that drive social media apps are just publishing platforms that Section 230 is designed to protect, or if they are products designed to perform a specific function, and therefore within the ambit of strict products liability law.
New York Law Journal | Expert Opinion
By Ilia Kolochenko | March 28, 2024
In the era of Large Language Models (LLMs), legal professionals face a myriad of mounting concerns relating to the use of Generative AI solutions. Whilst the risks and significance of possible copyright infringement and other IP-related issues remain actively debated, don't underestimate cybersecurity, privacy and data protection risks created or amplified by GenAI.
New York Law Journal | Analysis
By Derek Dragotta | March 27, 2024
Data breaches are on the rise, as are the costs associated with them. AI is allowing bad actors to quickly shift tactics and generate more believable scams. There is a significant uptick in attempted fraudulent filings. This article presents various ways in which you can protect your organization, as well as your class, from these threats.
New York Law Journal | Analysis
By Anthony E. Davis and Janis M. Meyer | March 27, 2024
When approached with a new potential representation, a lawyer needs to do a conflicts check. Once that clears, what is stopping them from jumping in and getting as much information as possible to demonstrate to the potential client that they are the right choice? In reality, they should take precautions to ensure that not only the lawyer but the entire firm are not disqualified.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | March 27, 2024
In 'Behrens v. JPMorgan Chase Bank N.A.', the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly.
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