New York Law Journal | Analysis
By Gail Weinstein, Arthur Fleischer Jr., Philip Richter and Steven Epstein | November 6, 2017
Gail Weinstein, Arthur Fleischer Jr., Philip Richter and Steven Epstein write: After three decades of evolution of an analytical framework for judicial review of board decisions relating to merger and acquisition transactions, the Delaware courts have, in just the last few years, radically transformed M&A law.
New York Law Journal | Analysis
By Mark A. Berman | November 6, 2017
In his State E-Discovery column, Mark A. Berman writes: Warning—recent First Department decisions highlight the obstacles in preventing the disclosure of electronically stored communications between a client and personal counsel, and make clear that a party's admitted intentional destruction of emails from a personal email account, after the duty to preserve had been triggered, may well result in the imposition of spoliation sanctions.
New York Law Journal | Analysis
By Angela Turturro | November 3, 2017
In this Special Report: "Lawmakers Slowly Begin to Regulate Gig Economy," "NY Employers Take Note: Paid Family Leave Benefits Law Becomes Effective Jan. 1st," "Reasonable Accommodation: Thoughts of a Cancer Survivor," "HR Policy Acknowledgements Overseas: A Whole Other World Out There," "What Emerging Multiracial Plaintiff Cases Suggest About Employment Discrimination Law" and "The Future of Class Action Waivers in Employment Arbitration Agreements."
New York Law Journal | Analysis
By Matthew Steinberg and Raymond Berti | November 3, 2017
Matthew Steinberg and Raymond Berti write: Despite significant statistics, lawmakers have been extremely slow to address the radical shift in the labor market. Until now.
New York Law Journal | Analysis
By James Holahan | November 3, 2017
James Holahan shares how his personal journey with cancer and the insights he gained along the way can help employers, and the lawyers who guide them, make better decisions when they have an opportunity to accommodate a cancer patient.
New York Law Journal | Analysis
By David S. Feather | November 3, 2017
David S. Feather writes: In deciding the three consolidated cases before them, the Supreme Court justices will have to resolve the inherent tension between the FAA's liberal policy on arbitration and the NLRA's protection of collective activity.
New York Law Journal | Analysis
By Donald C. Dowling Jr. | November 3, 2017
Donald C. Dowling Jr. writes: The mechanics for collecting acknowledgements from overseas staff raises challenges, and gets surprisingly complex.
New York Law Journal | Analysis
By Eric Raphan and Lindsay C. Stone | November 3, 2017
Eric Raphan and Lindsay C. Stone write: While the New York Paid Family Leave Benefits Law may impose new or unfamiliar obligations upon New York employers, compliance with the law's requirements by Jan. 1, 2018 is essential.
New York Law Journal | Analysis
By Brian J. Shoot | November 3, 2017
In his Construction Accident Litigation column, Brian J. Shoot analyzes the following issue: What if there was no “readily available” safety or elevating device and the defendants instead blame the worker for his or her failure to construct such a device from materials that were “readily available” at the site? Can the worker's failure to properly construct the device bar his or her §240 claim?
New York Law Journal | Analysis
By Anthony E. Davis | November 3, 2017
In his Professional Responsibility column, Anthony E. Davis updates a prior column regarding the ethical issues that arise when lawyers travel internationally while carrying electronic devices containing client confidential information, and highlights two recent ethics opinions, one addressing confidentiality concerns when lawyers discuss client matters on social media, and one outlawing participation in Avvo by New York lawyers.
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