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Fair Play Act Targets Commercial Trucking Industry

Robert C. Whitaker Jr. of Hancock Estabrook writes: As part of New York’s continuing effort to target worker misclassification, the state legislature has passed new legislation that targets the commercial trucking industry. The Commercial Goods Transportation Industry Fair Play Act, which took effect April 10, 2014, creates a legal standard that will make it very difficult for the trucking industry to continue to lawfully utilize independent contractors.

Pleading Fraud With Particularity

David Owen and Adam Mintz of Cahill Gordon & Reindel write: Widespread losses suffered by many investors during the financial crisis have spawned more than a few fraud claims based upon broadly alleged misconduct affecting many investments or transactions. The loosely proffered connection to the plaintiff’s own loss has led defendants to argue that such widespread claims lack a particular connection to the plaintiff’s investment even if they are assumed to be true. Recent cases suggest opportunities for successful arguments on both sides of this contentious issue.

Top 10 Dos and Don’ts for Compensating Fact Witnesses

Eric Tirschwell and Theodore S. Hertzberg of Kramer Levin Naftalis & Frankel review the basic legal and ethical framework applicable to New York lawyers, and set out a list of rudimentary “dos” and “don’ts” to assist counsel when faced with the difficult question of whether and when it is proper and/or strategically wise to agree to compensate fact witnesses.

Courts Limit Exposure for Breach of Warranties

Eduardo J. Glas of McCarter & English writes: Several recent New York cases involving securitized-mortgage trusts have dealt setbacks to the trusts seeking to enforce contractual rights against the sellers of the mortgages for breach of warranties. Almost unanimously, the courts have been holding that such suits by the trusts are barred by the applicable six-year statute of limitations on breach of contract actions despite contractual language that purports to establish the accrual of the claims not at the time the warranties are made but at a later period.