New York Law Journal | Analysis
By Peter Brown | March 11, 2024
In his Technology Law column, Peter Brown discusses the European Union's General Data Protection Regulation and highlights how a hidden obligation under Article 27 is the requirement that non-EU businesses designate in writing a representative located in an EU country.
New York Law Journal | Analysis
By Deanna L. Koestel and Dominique Kilmartin | March 8, 2024
Attorneys often find themselves navigating the delicate balance between advocating for their clients' interests and upholding the integrity of the judicial system. The recent decision by the First Department in '13 E. 124 v. J&M Realty Services, et al.' sheds light on the risks and challenges associated with representing clients with potentially frivolous or nonviable claims.
New York Law Journal | Analysis
By Sharon Lee, Ching-Lee Fukuda and Halley Herbst | March 8, 2024
This article focuses on the split on the inevitable disclosure doctrine and recent developments indicating how New York is likely to come out on the issue.
New York Law Journal | Analysis
By Andrew Goldsmith | March 8, 2024
To promote commercial certainty and avoid a deluge of unnecessary litigation, it is important to have clear, easily applicable standards that govern when and whether tort claims duplicate contract claims impermissibly.
New York Law Journal | Analysis
By Michael B. Titowsky | March 8, 2024
In this article, Michael B. Titowsky focuses on Labor Law mediation. What are the best approaches to Labor Law mediations? How do we increase our chances of success? How do we respond to and hopefully move past impasses?
New York Law Journal | Analysis
By Edward E. Neiger, Alexandra Robertson and Gregory Lawrence | March 8, 2024
This article discusses how, for multidistrict litigation (MDL) to move forward to trials, we must understand 'Daubert', Rule 702 and the role of the judge in determining the admissibility of expert testimony. It goes on to highlight recent updates in related Tylenol and Paraquat MDL cases.
New York Law Journal | Analysis
By Joshua Sohn and Jacob Zucker | March 8, 2024
It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
New York Law Journal | Analysis
By Sophia L. Cahill and Danielle Vrabie | March 8, 2024
In this article, Sophia Cahill and Danielle Vrabie compare the modern-day state of affairs for women litigators in big law and what remains true based upon former Chief Judge Judith Ann Kaye's 1988 lecture on the same topic.
New York Law Journal | Analysis
By Michael A. Sirignano and Sean Gorton | March 7, 2024
The final two defendants in 'United States v. Pierre' pled guilty to charges stemming from their involvement in an insurance fraud scheme. Pending sentencing, the guilty pleas conclude a two-year prosecution that exposed a scheme to hijack New York's no-fault insurance system for personal profit.
New York Law Journal | Analysis
By Samuel Butt and Thomas Kissane | March 7, 2024
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge DeArcy Hall denied the government's motion to introduce rap videos featuring the defendant at trial. Judge Block held that plaintiff's New York City Human Rights Law claim was revived by the Child Victim's Act. Judge Matsumoto dismissed a prisoner's claims and limited future in forma pauperis filings.
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