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New York Law Journal | Analysis
By Paul Shechtman | September 23, 2019
The certiorari stage is typically too early to write about a case, but 'White v. Louisiana' has already attracted the attention of Evidence professors, and rightly so. The U.S. Supreme Court is scheduled to consider White's petition in October, when it returns to business.
New York Law Journal | Analysis
By Juan A. Arteaga | September 20, 2019
This article discusses the increased level and prominence of state antitrust enforcement during the past three years, as well several recent and important antitrust matters in which the New York Attorney General Office has played a key role. Given that companies will increasingly have to engage with state antitrust enforcers in a meaningful and substantive manner on both merger and civil non-merger investigations and litigation, this article also discusses various strategic and practical considerations that companies should bear in mind when interacting with state attorneys general.
New York Law Journal | Analysis
By Robert S. Kelner and Gail S. Kelner | September 20, 2019
In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss the significant split that exists between the First and Second Departments as to whether claims for "loss of enjoyment of life" will result in an expanded waiver of the physician-patient privilege and allow defendants to obtain medical records with respect to treatment for prior unrelated injuries or conditions not directly at issue in the lawsuit.
New York Law Journal | Analysis
By Sidney Kess | September 20, 2019
Under a recently finalized rule, employers of any size can offer a new Individual Coverage HRA starting Jan. 1, 2020, as an alternative to traditional group health coverage without running afoul of ACA. What's more, beginning Jan. 1, 2020, employers with traditional group health coverage can offer a supplemental type of HRA to help employees pay for what traditional health coverage does not. In his Tax Tips column, Sidney Kess discusses these new options.
New York Law Journal | Analysis
By Arthur J. Ciampi | September 19, 2019
Applications for the dissolution of a law firm organized as a professional corporation can be complex and may impact important public policy considerations that affect client choice of counsel and lawyer mobility. In his Law Firm Partnership Law column, Arthur J. Ciampi reviews three decisions concerning the dissolution of a law firm organized as a professional corporation and make suggestions for the consideration of these public policy issues as they relate to whether dissolution should or should not be permitted.
New York Law Journal | Analysis
By Joel R. Brandes | September 19, 2019
In 'Brackeen v. Bernhardt', decided on Aug. 9, 2019, the U.S. Court of Appeals for the Fifth Circuit held that the Indian Child Welfare Act was constitutional. We applaud the Fifth Circuit for upholding this federal law that is vital to safeguarding the welfare of Indian children.
New York Law Journal | Analysis
By Robert J. Bernstein and Robert W. Clarida | September 19, 2019
On July 1, 2019, the U.S. District Court Judge John Koetl for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of the rock star Prince taken by Lynn Goldsmith constituted a transformative and fair use. In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the decision, which will be appealed to the Second Circuit.
New York Law Journal | Analysis
By John C. Coffee Jr. | September 18, 2019
In his Corporate Securities column, John C. Coffee Jr. writes: The recent campaign of Harry Markopolos and his allies in attacking General Electric's accounting is fascinating, challenging, and hard to evaluate, but clearly it demonstrates that we need to rethink the current legal treatment of short selling and "negative activism".
New York Law Journal | Analysis
By Vincenzo Mogavero and Sarah Klein | September 18, 2019
This little-known privilege provides a potential shield to the accidental transmission of electronic communications between spouses and may make all the difference in litigation involving married couples.
New York Law Journal | Analysis
By Jeremy H. Temkin | September 18, 2019
In his Tax Litigation Issues column, Jeremy H. Temkin writes: Internal Revenue Code §6103 sets out that tax returns and return information cannot be disclosed by federal employees or persons receiving such materials from federal employees. This straightforward provision is then modified by a maze of exceptions, several of which are the subject of litigation between Congressional Democrats seeking President Trump's tax returns and the President seeking to avoid such disclosure. The resulting court cases present a number of potentially novel issues about the confidentiality of, and Congressional authority to obtain, tax returns that should be resolved in the coming months.
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