New York Law Journal | Analysis
By Jerry H. Goldfeder | December 21, 2023
The victorious plaintiffs in 'Hoffmann v. New York State Independent Redistricting Commission' are counting on new lines to help Democratic congressional candidates in next year's election to make Rep. Hakeem Jeffries (D-NY) Speaker of the House of Representatives.
New York Law Journal | Analysis
By Siddartha Rao and Andrew Ramstad | December 21, 2023
The Southern District of New York issued an unprecedented sanctions order in 'Mata v. Avianca', arising from counsel's citations to fictional cases fabricated by a ChatGPT chatbot. This article discusses (i) the Avianca sanctions order; (ii) the limitations of generative artificial intelligence (AI) for litigation use; (iii) the danger of AI "hallucinations"; and (iv) ethical and practical considerations for attorneys using generative AI tools.
By Leslie Stewart Sullivan | December 21, 2023
A discussion of the benefits of using a parenting coordinator, as well as pitfalls to be aware of.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | December 20, 2023
Under some circumstances, sellers of stock of a corporation may be liable as transferees for corporate obligations arising before or in connection with the closing. In 'Dillon Trust Co. v. United States', the Court of Federal Claims concluded that the sellers of the stock of two corporations were liable for tax obligations of the corporations attributable to sales of assets for notes prior to the closing of the stock sale.
New York Law Journal | Analysis
By Peter Brown | December 20, 2023
Children aged 13 and under can log in to social media by lying about their age or pretending to be an adult; yet, social media contains vast quantities of content that is inappropriate for very young users. In his Privacy Matters column, Peter Brown discusses how and why 33 states acted together to file a massive litigation against Meta to protect the children in their respective states.
By Paul F. Millus | December 20, 2023
The written word in a contract will almost always trump oral representations—especially where the contract includes language which merges any prior representation giving the document the last word on the parties' rights and obligations. However, cases continue to appear before the bench. In one such recent case, Stephanie Clegg v. Sotheby's, the plaintiff learned a hard lesson.
New York Law Journal | Analysis
By Samuel Estreicher | December 20, 2023
In his Foreign Relations Law column, Samuel Estreicher discusses two cases out of the Southern District of New York, in which the court entered a judgment of $16.1 billion in damages against Argentina (one of the largest—if not the largest—judgments in the court's history) relating to conduct occurring nearly entirely outside the United States.
By Scott Mollen | December 19, 2023
Scott Mollen discusses "Flushing Bank v. Cory Realty" and "231/249 W. 39 St. Assocs. v. Chan."
By Adrienne B. Koch | December 19, 2023
In this last article of her four-part series, Adrienne Koch discusses two types of provisions parties use to limit actual damages— waivers of consequential damages, and waivers of the right to seek money damages altogether.
By Andrew Lavoott Bluestone | December 19, 2023
Judiciary Law §487 is a statute unique in regulation of the legal professional. Other professions are subject to their own disciplinary rules, other professions are subject to negligence claims, but none are subject to a 748-year-old treble damage statute which has been incorporated into the common law.
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement