By Gail Suchman, Eva Schneider and Samuel Zarkower | February 28, 2024
Last year, New York Senator Jessica Ramos introduced S. 2510-A, which would require all major projects located in or adjacent to a "disadvantaged community" to submit a written enhanced public participation plan to NYSDEC as part of the proposed project's permitting process. This article summarizes the bill's requirements and explores both the benefits and drawbacks of the bill as currently drafted.
By Patrick M. Connors | February 28, 2024
In the first of this two-part New York Practice column, Patrick M. Connors discusses how, effective Jan. 1, 2024, CPLR 2106 was substantially amended to allow any person to submit an affirmation in lieu of an affidavit, "with the same force and effect." This is one of the most significant changes to the CPLR in the 21st century and will impact many areas of practice.
By James E. Mercante | February 27, 2024
In his Admiralty Law column, James E. Mercante discusses the collision between Navy warship USS John S. McCain and oil and chemical tanker Alnic MC, as well as the trial that followed in the Southern District of New York.
By Martin Flumenbaum and Brad S. Karp | February 27, 2024
In 'The Resource Group International v. Chishti', the Second Circuit considered the propriety of a pending arbitration and whether being improperly forced to arbitrate can satisfy the requirements for a preliminary injunction. It vacated and remanded the district court's order denying a motion for preliminary injunction that would have stayed the arbitration.
By Peter A. Crusco | February 26, 2024
In his Cyber Crime column, Peter A. Crusco discusses how courts define a special skill and how that adjustment may impact a defendant who utilized his computer skills to facilitate the commission of the offense for which he stands convicted.
By Renee R. Roth and William P. LaPiana | February 26, 2024
It is well established law in New York that to be valid, a will, with minor exceptions, must be in writing. It appears this is about to change. A bill has been introduced in the New York Assembly, which adds a new Part 6 authorizing "electronic wills" to Article 3 of the Estates, Powers and Trusts Law.
By Allen A. Shoikhetbrod and Jared Cook | February 23, 2024
Two recent events may mark the end of the "frequency-of-pay" litigation that has hit New York employers in recent years. It is important to look at the background surrounding the uptick in pay frequency claims, the Second Department's decision and Governor Hochul's Executive Budget Proposal, as they could have major implications for employees and employers in the years to come.
By Helene R. Hechtkopf | February 23, 2024
For a lawyer in the position of trying to defend against an ancient sexual assault allegation, this article provides some suggestions on how to collect the evidence necessary to defend a case of this nature:
By Monica Delgado and Jonathan Harris | February 23, 2024
Recent coverage of Elon Musk's public compensation negotiations with the Tesla board of directors has put the spotlight on the art of negotiating executive pay. Lawyers advising clients in similar negotiations must bring both an understanding of the law and awareness of the behavioral factors in play to negotiate a legal deal that satisfies all parties.
By Pascal Mayer and Greg Demers | February 23, 2024
New York City has amended its Human Rights Law, Title 8 of the Administrative Code, to prohibit discrimination in employment, housing and public accommodations based on an individual's height and/or weight. It now includes height and weight in its long list of protected characteristics that cannot be used to discriminate against employees.
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