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May 24, 2024 | New York Law Journal

'Landmark' $15M Court Fine Against Illicit Cannabis Operator in Central New York 'Sends Message,' Governor Says

Acting state Supreme Court Justice Richard Healey signed off on the unprecedented fine.
3 minute read
May 24, 2024 | The Legal Intelligencer

'Alleged Biological Parent's Rights': Pa. Justices Agree to Eye Long-Standing Paternity Legal Theory

The Supreme Court has previously noted that the theory "has been characterized as one of the strongest presumptions known to the law," and was originally developed "to shield a child from the stigma attached in the past to illegitimacy, which subjected the child to significant legal and social discrimination."
4 minute read
May 24, 2024 | New York Law Journal

Second Circuit's 'Pine' Decision Clarifies When Policyholders Must Report Notices of Alleged Misconduct to Insurers

The Second Circuit's recent decision in 'Pine Management v. Colony Insurance Company' underscores the critical importance of providing notice to insurance carriers of possible claims, even when a specific demand is absent.
8 minute read
May 24, 2024 | New York Law Journal

Pollution Exclusions and PFAS Claims: Reading Tea Leaves From Early Coverage Rulings in New York and Elsewhere

Lawsuits have been filed across the country that allege harms purportedly caused by PFAS chemicals. The underlying litigations have resulted in billions of dollars in settlements, which, in turn, have led to demands for insurance coverage and associated coverage litigation.
7 minute read
May 24, 2024 | New York Law Journal

Filing a Late Notice of Claim: 'Jaime v. City of New York'

The Court of Appeals recently handed down a significant decision regarding the requirements a petitioner must meet when making a motion for leave to file a late notice of claim: 'Jaime v. City of New York'. This article discusses the background of the case and its potential significance for injured parties.
13 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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May 24, 2024 | New York Law Journal

New York Courts Reject Insurance Companies' Attempts to Recoup Defense Costs

Recently, several New York courts have held that an insurance company has no right to recoup defense costs where the insurance policy includes a duty to defend, but does not include an express contractual provision allowing for recoupment.
9 minute read
May 24, 2024 | New York Law Journal

AI Litigation Spotlight: 'NYT v. OpenAI'

Of the many early genAI cases working their way through trial courts, the one that stands out is New York Times Co. v. Microsoft because of its carefully crafted complaint and actual examples of verbatim reproductions of NYT content produced by ChatGPT. Now that the parties have completed briefing on two motions to dismiss (one by OpenAI and the other by Microsoft), it's worth pausing to assess what's at stake, and what lies ahead, in this important case.
8 minute read
May 24, 2024 | New York Law Journal

'Buy and Shelve': A Deadly Strategy for Life Insurance

Corporations typically have risk management departments that stay on top of their coverage portfolios, but individual policyholders all too often purchase policies and simply file them away in the apparent hope that the mere act of buying coverage serves as a hedge against ever needing it. This is the "buy and shelve" approach to insurance. And, while it's never a good strategy, it is particularly dangerous in the context of life insurance.
7 minute read
May 24, 2024 | New York Law Journal

Beyond Our Borders: Recent Blockchain Developments Outside the United States

Legal developments concerning blockchain and digital assets are not limited to the English-speaking world or to common-law jurisdictions. Earlier this year brought some thought-provoking developments on digital assets and related technologies from Spanish-speaking civil law jurisdictions.
19 minute read
May 24, 2024 | The Legal Intelligencer

FTC Publishes Noncompete Ban, Legal Challenges Promptly Follow

The same day it voted to publish the final rule, tax services and software company Ryan LLC filed a lawsuit in the U.S. District Court for the Northern District of Texas seeking an injunction to stop the implementation of the ban. The following day, the U.S. Chamber of Commerce and three other business groups filed a similar lawsuit in the Eastern District of Texas challenging the ban.
4 minute read

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