Analysis

  • New York Law Journal | Analysis

    The 'Driverless' Car Era: Liability Considerations

    By Michael Hoenig | November 9, 2017

    In his Complex Litigation column, Michael Hoenig writes: By huge advances in computer technology (hardware and software), artificial intelligence, sensors, cameras, radar, and mirrors, a car can be transformed into a platform “intelligent” enough to “self-drive” safely.

  • Legaltech News | Analysis

    Divorce in the Digital Age: A Collision Course in Text, Social Media Discovery

    By Rhys Dipshan | November 9, 2017

    The explosion of online data and personal devices is redefining how divorce attorneys work, creating new opportunities—and burdens—from everything from research to litigation.

  • New York Law Journal | Analysis

    Prevailing Party's Right to Appeal or Obtain Relief

    By Thomas R. Newman and Steven J. Ahmuty Jr. | November 8, 2017

    In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: The CPLR is very liberal in allowing appeals as of right to be taken to the Appellate Division. However, this extremely broad right to appeal is limited by CPLR §5511 and available only to an “aggrieved party” who “may appeal from any appealable judgment or order except one entered upon the default of the aggrieved party.”

  • New York Law Journal | Analysis

    Alimony: Who to Tax or Who Not to Tax—That Is the Question

    By Alton L. Abramowitz | November 8, 2017

    In his Divorce Law column, Alton L. Abramowitz writes: Since the adoption of the Income Tax, the U.S. Congress has repeatedly wrestled with the question of which taxpayers should be burdened with the payment of income tax in a myriad of situations, oftentimes in an effort to maximize the amount of tax that the government can collect. The latest effort to “reform” our income tax laws presents another example of where tax law and divorce law intersect.

  • New York Law Journal | Analysis

    Cross-Border Discovery and 'Microsoft'

    By Philip M. Berkowitz | November 8, 2017

    In his Employment Issues column, Philip M. Berkowitz writes: Cross-border discovery is not a new phenomenon. Nor is the conflict that exists between broad U.S. discovery principles, on the one hand, and far more limiting laws of foreign countries, on the other. The issue, though, takes on new significance with the U.S. Supreme Court's acceptance of certiorari last month in 'Microsoft v. United States', where the Second Circuit quashed a search warrant seeking production of emails located on Microsoft's digital server in Ireland.

  • New York Law Journal | Analysis

    The Dos and Don'ts of 'Yellowstone' Injunctions: A Brief Survey

    By Daniel A. Cohen and Fielding Huseth | November 8, 2017

    In this Outside Counsel column, Daniel A. Cohen and Fielding Huseth survey decisions across a variety of asserted breaches, to aid practitioners in determining when a court will issue a 'Yellowstone' injunction.

  • New York Law Journal | Analysis

    New International Guidelines for Banks on 'Step-In' Risk

    By Kathleen A. Scott | November 7, 2017

    In her International Banking column, Kathleen A. Scott discusses new international guidelines issued in October by the Basel Committee on Banking Supervision of the Bank for International Settlements. The guidelines are part of a continuing effort to strengthen oversight and regulation of the so-called “shadow banking system."

  • New York Law Journal | Analysis

    Time to Open the Door on Exclusive Occupancy

    By Dana M. Stutman | November 7, 2017

    In this Outside Counsel column, Dana M. Stutman writes: It is time for the courts to place priority upon the emotional well-being of people that are divorcing (and their children) and to grant separations to parties as an interim step toward resolution.

  • New York Law Journal | Analysis

    Courts Begin Applying Two-Part Test for Copyright Eligibility of Design of a Useful Article

    By Lewis R. Clayton and Eric Alan Stone | November 7, 2017

    In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone write: In 'Star Athletica', the U.S. Supreme Court articulated a two-part test for determining whether the design of a useful article is eligible for copyright protection. They report here on the subsequent cases applying this test.

  • New York Law Journal | Analysis

    Limits on the Scope of Honest Services Fraud

    By Elkan Abramowitz and Jonathan Sack | November 6, 2017

    In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the recent 'McDonnell' decision, particularly the effort of the Supreme Court to articulate limits on the reach of honest services fraud liability, and application of the decision in 2017 to several high-profile prosecutions of former high-ranking New York State politicians in the Second Circuit.

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