New York Law Journal | Analysis
By Ilene Sherwyn Cooper | February 2, 2024
As 2023 came to an end, multiple decisions of interest were rendered by the Appellate and Surrogate's Courts throughout the state. Decisions addressed to such issues as the determination of a claim against the estate, the criteria for a stay of proceedings and summary judgment are discussed below.
New York Law Journal | Analysis
By Brian J. Shoot | February 1, 2024
The issues Brian J. Shoot discusses in this Construction Accident Litigation column share two points in common: (1) all have arisen in cases involving alleged violations of Section 200, 240 and/or 241(6) of the Labor Law, and (2) none are specific to so-called Labor Law actions.
New York Law Journal | Analysis
By Barbara M. Goodstein and Adam C. Wolk | January 31, 2024
In their Secured Transactions column, Barbara M. Goodstein and Adam C. Wolk, discuss the Uniform Special Deposits Act. The act aims to create a set of "clear and executable" rules to govern bank deposits that involve at least two beneficiaries (one of whom may be the depositor) where "the identity of the person entitled to payment is not determined until the occurrence of a contingency identified at the time the deposit is created."
By Michael Liptrot | January 31, 2024
As it turns out, there are ways to invalidate prenups.
New York Law Journal | Analysis
By Christopher Dunn | January 31, 2024
With 2024 upon us, we are confronted with a presidential election that carries historic import for American democracy, its constitutional values and the rule of law. It is not too soon to look beyond the election cycle to the prospect of a second Trump administration. And as tumultuous as his first term was, Trump's current rhetoric and the changed American landscape signal an even more ominous second term when it comes to civil rights and civil liberties.
By Michael Siller | January 30, 2024
The skills that debaters must master to succeed are, by and large, the same skills that make attorneys successful. By getting involved with speech and debate programs, experienced lawyers can share with debaters insight into a potential career path.
By Robert Quackenboss and Michael Reed | January 30, 2024
A discussion of the recent amendments to New York legislation that further strengthen the restrictions on non-disclosure provisions in settlement agreements for discrimination, harassment, and retaliation claims. The article includes a look at the impact on New York employers.
By Scott Mollen | January 30, 2024
Scott Mollen discusses "DLV Quogue, LLC v. The Town of Southampton," involving motions for summary judgment made by the plaintiffs and the defendants in an action involving a mixed-use development and related land use issues.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | January 30, 2024
The Second Circuit, in a rare en banc ruling, unanimously held that plaintiffs alleging discriminatory treatment in violation of Title IX had sufficiently alleged an injury-in-fact for standing purposes. But the court diverged on a number of other standing issues. The splintered nature of the court's opinions illustrates the underlying tension between ensuring access to courts and enforcing appropriate limitations on judicial power.
New York Law Journal | Analysis
By Samuel Estreicher | January 30, 2024
On Jan. 1, 2024, the Biden administration's DOL issued its final regulation on who is an employee versus who is an independent contractor. The regulation rescinds the Trump administration rule because, according to the administration, it emphasized two factors in a manner unsupported by the agency's traditional multifactor view and case law, and was inconsistent with the DOL's emphasis on "economic dependence" as a principal guidepost.
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