Different Federal Court Approaches to Scheme Liability
A circuit split has emerged over the scope of Lorenzo’s holding, which reflects a fundamental disagreement about the relationship between scheme liability and Rule 10b-5(b).
Importing BIPA to New York: Biometric Law Enforcement on the Horizon
Due to the increasing focus on biometric litigation, this article provides an overview of the Biometric Information Privacy Act, as well as existing and proposed New York law regulating biometric information.
‘Green v. Dutchess County BOCES’: Clarifying Posthumous Workers’ Compensation Payments
The outcome of ‘Green v. Dutchess County BOCES’ provides greater certainty to the industry amid a series of confusing and unsettling decisions.
Can the Foreclosure Abuse Prevention Act Survive a Constitutional Challenge?
The Act arguably violates both Substantive Due Process under the Fourteenth Amendment and the Contracts Clause. Perhaps Governor Hochul did not previously sign the Act into law, despite its passage in May 2022, because of these constitutional issues, as well as other issues that plague the legislation. Needless to say, this is not the end of the story, as the Act will be litigated.
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