By Richard Reice | January 19, 2024
The use of AI in employment is truly a new frontier. AI reflects the world from which it learns and those who create it. Employers cannot rely on AI tools alone for employee recruitment and management. Proactively mitigating algorithmic bias is not only warranted but, in some forward-thinking jurisdictions, mandatory.
New York Law Journal | Analysis
By Robert W. Clarida and Thomas Kjellberg | January 19, 2024
To ring out the old year on an otherworldly note, the Western District of Pennsylvania issued a preliminary injunction in a case involving the unauthorized copying of an inflatable adult Halloween costume that created the "whimsical" illusion that the wearer was being carried around by a seven-foot-tall green space alien.
By Robert J. Fryman | January 18, 2024
On Nov. 17, 2023, Governor Kathy Hochul signed legislation amending New York's General Business Law Sections 756-a and 756-c, known as the Prompt Payment Act, to limit the withholding of retainage on private improvement construction projects. As a result of these amendments, close attention must be paid to contract terms and conditions during contract preparation, review or negotiation.
New York Law Journal | Analysis
By Anthony E. Davis and Janis M. Meyer | January 18, 2024
This article is the second (of two) to consider New York City Bar Association Committee on Professional and Judicial Ethics Formal Opinion 2023-1 addressing "Attorney Departing From a Law Firm." In this article, Anthony Davis and Janis Meyer discuss the Opinion's further treatment of the subjects of communications with clients.
New York Law Journal | Analysis
By Katryna L. Kristoferson, David Paul Horowitz and Barbara Jaffe | January 17, 2024
This month, Katryna Kristoferson and David Horowitz visit two lesser-known and used CPLR devices: the summons with notice and a motion for pre-action disclosure. This column is joined by Justice Barbara Jaffe (Ret.), who writes on the summons with notice, including an interesting experience she encountered with the device while on the bench. Katryna then takes the laboring oar and writes on pre-action disclosure.
New York Law Journal | Analysis
By John Coffee | January 17, 2024
On Jan. 16, 2024, the Supreme Court heard 'MacQuarie Infrastructure Corp. v. Moab Partners L.P.', which will presumably resolve a circuit split. The question before the court is whether the Second Circuit erred in holding "that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under §10(b) of the Exchange Act, even in the absence of an otherwise misleading statement."
New York Law Journal | Analysis
By Jeremy H. Temkin | January 17, 2024
Over the past year, federal courts have issued decisions clarifying the extent to which §6103 shields tax returns and return information from disclosure in civil litigation, the extent to which the IRS is permitted to disclose confidential information during and in connection with investigations, and the application of a safe harbor shielding the government from liability for unauthorized disclosures.
By Patricia Kane | January 16, 2024
Scott Mollen discusses "SCE Environmental Group v. Murnane Bldg. Contrs. Inc." involving three litigations arising from a public construction project commenced by the NYS Office of General Services.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | January 16, 2024
In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.
By Howard W. Kingsley | January 16, 2024
Howard Kingsley, who represented Broom Lender in "Broome Lender LLC v. Empire Broome LLC," discusses the case and how the Appellate Division, First Department removed common obstacles and cleared the path for assignees of mortgage loans to foreclose easily and quickly. Kingsley offers that the case is a "major win for lenders and their assignees because there had not been a prior decision by a New York state court where it found that, although standing was not established through an allonge, standing was established on summary judgment by the assignment of the note."
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