By Christopher M. Pardo, Robert T. Quackenboss and Alyson M. Brown | April 16, 2024
On March 12, New York's Governor Kathy Hochul signed a bill into law that effectively prohibits employers from accessing employees' or job applicants' personal social media accounts. New York employers should evaluate their current application processes and social media policies to ensure compliance with the new law.
By Bryan T. Mohler and Rachel Shaw | April 16, 2024
In December 2022, the First Department issued a decision in 122 East 42nd Street LLC v. Joseph Scharf and Sarah Gotlib that caught the leasing world off guard as it relates to so-called "Good Guy" guarantees.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | April 16, 2024
In a unanimous decision in 'Syeed v. Bloomberg', the Court of Appeals answered a certified question from the Second Circuit by holding that the New York City and New York State Human Rights Laws banning employment discrimination protect out-of-state residents who are not yet located or employed in New York but who sought an opportunity to work in New York.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | April 15, 2024
In 'In re Grand Jury Subpoena Dated February 22, 2024, 2024', Judge Jesse Furman of the Southern District of New York confronted whether the Second Circuit's 'Martindell' test extends to protective orders issued by an arbitrator rather than by a district judge.
New York Law Journal | Expert Opinion
By Robert Z. Dobrish and Lee Rosenberg | April 15, 2024
Prior to the Child Support Standards Act, there was a wide disparity of child support awards due to a lack of clear standards and formulas. In 1995, the Court of Appeals stepped in to provid guidance, offering two ways to calculate an award: One is by setting a cap and the other is by demonstrating proven costs. Authors Robert Dobrish and Lee Rosenberg offer their thoughts on this hot-button issue of why judges seem to favor the cap method over the other.
New York Law Journal | Analysis
By Curtis B. Leitner and Trevor J. Larrubia | April 15, 2024
This article highlights competing New York case law when it comes to termination procedures laid out in employment contracts, as well as the implications of it.
New York Law Journal | Analysis
By David M. Barshay and Steven J. Neuwirth | April 12, 2024
Motorized scooters, mopeds and E-bikes are becoming more popular in both New York state and nationally. Several pieces of legislation have been passed allowing or expanding the use of lower speed E-bikes and E-scooters. Yet, the convenience and affordability also comes with a price in the form of injuries, sometimes fatal.
New York Law Journal | Analysis
By Thomas E. L. Dewey | April 12, 2024
In 2010, the former owners of the Peter Cooper Village and Stuyvesant Town property defaulted on their mortgage. Five years later, that property was sold at a profit that paid off outstanding principal and interest. Litigation then ensued over the allocation and distribution of certain excess proceeds from the sale.
By Tal S. Benschar | April 12, 2024
New technologies create new challenges for the law. This has certainly been the case for artificial intelligence, which has generated a great deal of discussion, and some litigation, in patent and copyright law. One area that has not been explored is its impact on trade secrets. But recent events indicate that this is about to change.
New York Law Journal | Analysis
By Samuel Estreicher | April 11, 2024
Section 1595(a) of the TVPRA provides a civil remedy against perpetrators and anyone who "knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation." The use of a "knowingly benefits" standard of liability is fairly novel and raises some important questions.
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