Columns

  • New York Law Journal

    Battling Bias In Workplace Predictive A.I.: Challenges for Employers and the Bar

    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

    Phone Home: Inflatable Alien Costume Held Copyrightable

    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.

  • New York Law Journal

    New York State Legislation Limiting Withholding of Retainage on Private Construction Projects: What Does It Mean for Your Contracts?

    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

    The Ethics of Lawyer Movement (Part Two)

    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

    Two CPLR Devices Worth Remembering

    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

    When Do Omissions Create Private Liability? The Supreme Court Ponders

    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

    Tax Return Confidentiality: Recent Developments

    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.

  • New York Law Journal

    Implied Covenant of Good Faith and Fair Dealing in Public Construction Projects: This Week in Scott Mollen's Realty Law Digest

    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

    Use of Police Dogs Constitutes Search Implicating Fourth Amendment Protections

    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.

  • New York Law Journal

    Borrower's Common Defenses in Mortgage Foreclosures Negated

    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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