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January 30, 2024 | New York Law Journal

Injury-in-Fact in Discrimination Cases

The Second Circuit, in a rare en banc ruling, unanimously held that plaintiffs alleging discriminatory treatment in violation of Title IX had sufficiently alleged an injury-in-fact for standing purposes. But the court diverged on a number of other standing issues. The splintered nature of the court's opinions illustrates the underlying tension between ensuring access to courts and enforcing appropriate limitations on judicial power.
8 minute read
January 30, 2024 | New York Law Journal

New DOL Regulation on Employees Versus Independent Contractors Restores Multifactor Test While Leaving Some Important Questions Unanswered

On Jan. 1, 2024, the Biden administration's DOL issued its final regulation on who is an employee versus who is an independent contractor. The regulation rescinds the Trump administration rule because, according to the administration, it emphasized two factors in a manner unsupported by the agency's traditional multifactor view and case law, and was inconsistent with the DOL's emphasis on "economic dependence" as a principal guidepost.
6 minute read
January 30, 2024 | New Jersey Law Journal

New Jersey Adds New Roads to an Already Complicated Privacy Map

New Jersey's new legislation becomes the 13th comprehensive state privacy law in the U.S. But given the law's applicability thresholds, organizations can expect to fall subject to the New Jersey law more easily than other state privacy laws.
5 minute read
January 30, 2024 | New York Law Journal

Notable Code and Legal Developments in 2023

A discussion of the array of new laws and amendments to existing laws passed in 2023 which will impact developers and owners of real estate in New York. The article examines the most significant developments and identifies certain potential penalties for failure to comply.
6 minute read
January 30, 2024 | The Recorder

Alston & Bird Expands West Coast IP Practice, Adding Partner From Haynes and Boone

Theresa Conduah is the fourth IP partner in the 100-lawyer Los Angeles office of Alston & Bird.
3 minute read
January 30, 2024 | Texas Lawyer

Is a Death Sentence Recommendation From a Non-Unanimous Jury Constitutional?

"Although the U.S. Supreme Court has addressed numerous facets regarding the circumstances under which the death penalty can and cannot be imposed, it has not yet directly addressed the question of jury unanimity being a requirement," say attorneys Elisa Reiter and Daniel Pollack.
7 minute read
January 30, 2024 | New York Law Journal

Decision of the Day: Counsel Is Granted Permissive Withdrawal But Is Denied Charging Lien

This ruling was selected and summarized by the New York Law Journal's decision editors. 
2 minute read
January 30, 2024 | The Legal Intelligencer

Laborer Died After Contacting Energized Power Line

On Nov. 20, 2019, plaintiff's decedent Dastanbek Kasymaliev, 58, was performing siding and window work at 2812 W. Master St., in Philadelphia. Kasymaliev had been hired by Samet Lomidze and his company, I-Move LLC, to perform the work. While working on top of a scaffold, either a part of Kasymaliev's body or a tool he was using came into contact with an energized power line, causing him to be electrocuted and killed instantly.
3 minute read
January 30, 2024 | The American Lawyer

Deal Watch: Debt Offerings Surge as Markets Begin to Turn

"It is booming right now," said Wachtell partner John Sobolewski of the liability management market.
8 minute read
January 30, 2024 | Daily Business Review

Pitfalls of Self-Directed IRAs

While a self-directed IRA has the capacity to house diverse alternative investments such as real estate, cryptocurrency, gold, and private equity; however, it also comes with potential pitfalls from a legal perspective that investors should be aware of.
8 minute read

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