Analysis

  • New York Law Journal | Analysis

    Legal Malpractice History: From Genesis to Today

    By Andrew Lavoott Bluestone | August 8, 2019

    Control of attorney conduct is a part of the common law imported into New York law with the formation of our state and nation. What are the ancient origins of legal malpractice and controls over attorney deceit?

  • New York Law Journal | Analysis

    Commercial Speech, Copyright Registration, Class Certification to Students

    By Harvey M. Stone and Richard H. Dolan | August 8, 2019

    In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions, one of which granted a company’s application for a preliminary injunction restraining the Village of East Rockaway from placing certain restrictions on door-to-door solicitation; another dismissing copyright claims because of plaintiffs’ failure to meet the Copyright Act’s registration requirements; and the last granting class certification to diabetic New York City public school students seeking injunctive relief relating to an alleged failure by the City Department of Education to provide adequate medical care.

  • New York Law Journal | Analysis

    Billboards, Lobbying and the First Amendment

    By Christopher Dunn | August 8, 2019

    In his Civil Rights and Civil Liberties column, Christopher Dunn discusses the free speech implications that arise when the government tries to cast certain acts as lobbying, in light of the recent disclosure that New York state officials were seeking to force a sex-abuse victim to register as a lobbyist because of her efforts to promote passage of state legislation to change the statute of limitations for sex-abuse victims’ damages lawsuits. He writes: The suggestion that highway billboards rented by an individual using her own money can constitute lobbying subject to mandatory disclosure to government authorities goes far beyond what the Supreme Court has indicated is permissible consistent with the First Amendment.

  • New York Law Journal | Analysis

    Medical Professional Reimbursement and ‘Fraudulent Incorporation’

    By David M. Barshay | August 7, 2019

    In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses the regulations and landmark decisions pertaining to insurance carriers withholding payment for medical services provided by fraudulently incorporated enterprises to which patients have assigned their claims.

  • New York Law Journal | Analysis

    Shift of Residence/Domicile From New York to Florida: Part 2

    By Hollis F. Russell, Gail W. Marcus, Stuart M. Gottlieb and David A. Kellman | August 7, 2019

    This is part two of an article that addresses the legal and tax factors involved in shifting a taxpayer’s residence or domicile to another state.

  • New York Law Journal | Analysis

    Corporate Directors’ Duty of Oversight

    By Joseph M. McLaughlin and Shannon K. McGovern | August 7, 2019

    In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss 'Marchand v. Barnhill', which reminds practitioners that courts will scrutinize board members’ close personal relationships with management when analyzing demand futility and that directors’ duty to monitor does have substance.

  • New York Law Journal | Analysis

    Shift of Residence/Domicile From New York to Florida: Part 1

    By Hollis F. Russell, Gail W. Marcus, Stuart M. Gottlieb and David A. Kellman | August 6, 2019

    This article is intended to provide a legal analysis of change of domicile under New York law and its residency audit process.

  • New York Law Journal | Analysis

    Non-Disclosure Provisions in the Settlement Agreements

    By Jeffrey S. Klein and Nicholas J. Pappas | August 6, 2019

    In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas review the federal tax legislation concerning the deductibility of settlement payments for sexual harassment claims and the varied legislative approaches that several states have taken to the issue of non-disclosure provisions in settlement agreements. They offer a number of practical considerations for employers in light of the current legal landscape.

  • New York Law Journal | Analysis

    SCOTUS to Address Whether Lanham Act Requires Willful Infringement for Profit Disgorgement

    By Norman C. Simon and Patrick J. Campbell | August 5, 2019

    Either way, the decision in 'Romag' will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute.

  • New York Law Journal | Analysis

    Third Circuit Grants New Trial To Allow E-Discovery Expert Testimony

    By H. Christopher Boehning and Daniel J. Toal | August 5, 2019

    In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss 'GN Netcom v. Plantronics', which serves as a reminder to parties and practitioners of the key importance of experts—and their testimony—as part of discovery. And, importantly, it also highlights the potential significant impact of insufficient discovery processes on the overall outcome of matters.

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