New York Law Journal | Analysis
By Joel R. Brandes | March 22, 2024
One of the most perplexing problems that a matrimonial attorney will face is deciding whether or not to take the chance of antagonizing the judge assigned to a case of hers and moving for his or her recusal. Although a judge may act gruff, be antagonistic or treat the attorney poorly, this is not a basis for recusal.
By Erika Collins and Megan Grant | March 22, 2024
Employers are challenged to implement AI capabilities in the workplace strategically and with caution, particularly within the realm of DEI goals and initiatives.
New York Law Journal | Expert Opinion
By Gail Weinstein, Philip Richter and Warren de Wied | March 21, 2024
This article lays out practice points in response to the Delaware Court of Chancery's recent decision in In Ap-Fonden v. Activision, which opens a new frontier for challenging a board's process in approving mergers. It discusses the significance the decision has on the merger agreement processes as well as what practitioners should consider moving forward as they navigate this decision.
New York Law Journal | Analysis
By John Lyddane | March 21, 2024
It is a broadly accepted principle of damages under New York tort law that no recovery should be allowed for losses in which the person injured could have prevented by reasonable effort. A review of the reported decisions on point reveals that issues of mitigation of damages are often litigated in architectural and legal malpractice cases, but less so in medical malpractice cases.
New York Law Journal | Analysis
By Arthur J. Ciampi and Maria L. Ciampi | March 21, 2024
In their Law Firm Partnership Law column, Arthur Ciampi and Maria Ciampi ring some warning bells regarding potentially harmful law firm partnership agreement provisions in the hope of keeping our readers out of harm's way.
New York Law Journal | Analysis
By Kathryn L. Barcroft | March 20, 2024
While Title VII and state and local human rights laws endow many women with the opportunity to challenge adverse actions based on sex discrimination, affording power to victims and bystanders requires increasingly holding all accountable to rumors, thereby challenging women and men alike to undermine the sexual double standard and advance equity within the workplace.
New York Law Journal | Analysis
By John Coffee | March 20, 2024
Few principles of law are as universally respected by U.S. courts as the "internal affairs rule." All state jurisdictions at least formally subscribe to this rule, and the Supreme Court has hinted it may be constitutionally required. Nonetheless, the New York Court of Appeals has agreed to hear a case asking the court to replace the traditional rule with an "interest-balancing" test.
New York Law Journal | Analysis
By Jeremy H. Temkin | March 20, 2024
Lawyers involved in planning cross-border transactions and those litigating subsequent disputes need to be cognizant of what privileges apply in all relevant jurisdictions and take steps to ensure that communications will be protected in each jurisdiction.
New York Law Journal | Commentary
By Joseph W. Bellacosa | March 19, 2024
Retired Court of Appeals Judge Joseph W. Bellacosa salutes Presiding Justice Marcus G. Christ of the Appellate Division, Second Department, the most formative mentor of his career.
By Scott Mollen | March 19, 2024
Scott Mollen discusses "Amtrak v. 78,441 Square Feet More or Less of Land & Improvements," "BEC Continuum Owner LLC v. Foster," and "Wells Fargo Bank, N.A. v. 24 W. 57 APF."
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