New York Law Journal | Analysis
By Christopher Dunn | April 3, 2024
This article discusses two McCarthy-era Supreme Court decisions in conjunction with a current Congressional investigation that highlight how the First Amendment significantly limits the otherwise broad investigative authority of Congress.
New York Law Journal | Analysis
By Michael J. Hutter | April 3, 2024
Inquiries received from Michael J. Hutter's previous Evidence column, together with the Supreme Court's grant of certiorari and then subsequent dismissal of the appeal as improvidently granted in 'In re Grand Jury', suggest a discussion of the status if dual purpose communications in New York is both timely and appropriate.
By Scott Mollen | April 2, 2024
In his Realty Law Digest, Scott Mollen discusses" BMG Monroe I LLC v. Village of Monroe," and "Housing Rights Initiative v. Corcoran Group."
New York Law Journal | Expert Opinion
By Olivia J. Greer, Catherine Kim and Jeeyoon Chung | April 2, 2024
In December, the SEC's new cybersecurity rules went into effect, requiring detailed reporting by public companies regarding cybersecurity risk management, strategy, governance and—perhaps most notably—incidents. This article offers a practical guide to navigating the new disclosure requirements and an overview of how some companies have already begun to respond, as well as analysis of the SEC's rule in the context of a broader trend of regulatory reporting requirements
New York Law Journal | Analysis
By Frances Green and Rebecca Porter | April 2, 2024
The evolution of AI programs presents an interesting dichotomy: If they are proven successful by increasing efficiency and enhancing effectiveness, should there also be a threshold mandate for their use in the legal profession, and if so, what ethical mandates should sit alongside such requirements?
By Benjamin Williams | April 2, 2024
A discussion of the recent case Tax Equity Now NY LLC v. City of New York which presents a critical examination of New York City's property tax system by the New York Court of Appeals.
New York Law Journal | Analysis
By Nicholas J. Pappas and Joshua Hughes | April 2, 2024
This article analyzes cases decided both before and after the SFFA decision to illustrate how employers and courts have considered race in implementing and assessing the legality of diversity initiatives. It then proposes questions employers may consider to ensure legal compliance while also promoting diversity objectives.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 1, 2024
In its recent decision in 'Carroll v. Niagara Falls Memorial Medical Center', the Fourth Department held that partial summary judgment should be granted only as to theories or claims of malpractice that were not addressed, and that an expert affirmation submitted in opposition is not required to address every allegation in a bill of particulars.
By David Kessler and Andrea D'Ambra | April 1, 2024
An e-discovery focused article on the risks of using AI to interrogate opposing productions both for the receiving and producing party and how parties should consider addressing it in protective orders. More details below:
New York Law Journal | Analysis
By Christopher Boehning and Daniel J. Toal | April 1, 2024
In a recent decision, the Ninth Circuit clarified and affirmed the use of Rule 37(e) as the standard for imposing sanctions for the loss of ESI and upheld the dismissal of a plaintiff's employment discrimination case as a sanction for intentional spoliation of text messages.
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