New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | January 23, 2018
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: When the Trump administration issued an order in September 2017 setting March 2018 as the end of Deferred Action for Childhood Arrivals, a flurry of litigation followed that reached the Second Circuit once and is headed there again.
New York Law Journal | Analysis
By Robert L. Maier | January 23, 2018
Patent and Trademark Law columnist Robert L. Maier writes: The Supreme Court's May 2017 decision in 'TC Heartland v. Kraft Foods Group Brands' reshaped the patent litigation landscape in the United States—now more evenly dispersing patent cases across courts nationwide. But courts continue to grapple with questions spawned by that decision, including as to whether it constituted a change in the law that could permit defendants in now-pending cases to raise new venue objections, even if they had not done so before.
New York Law Journal | Analysis
By Richard J. Schager Jr. | January 23, 2018
Richard J. Schager Jr. writes: In a 4-3 decision last month, a divided New York Court of Appeals held that where an action brought as a class action is voluntarily dismissed, CPLR 908 requires both (1) judicial approval and (2) notice to the putative class, even where the class has not been certified, and even if no class certification motion has been made.
By Scott E. Mollen | January 23, 2018
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Free People of PA LLC v. Delshah 60 Ninth LLC,” a commercial landlord-tenant case stemming from a landlord delivering premises approximately one year late.. Neither side was a prevailing party.
By Anthony S. Guardino | January 23, 2018
In his Zoning and Land Use Planning column, Anthony Guardino discusses "Matter of Save America's Clocks v. City of New York," where the Appellate Division, First Department issued a significant decision involving the proposed conversion of an interior landmark into a private residence.
New York Law Journal | Analysis
By Francis J. Serbaroli | January 22, 2018
In his Health Law column, Francis J. Serbaroli discusses the long and unfortunate history of sexual harassment in the health care workplace. Given the recent spate of high-profile career-ending sexual harassment charges, he urges all health care employers to have comprehensive policies and procedures for handling complaints, to educate everyone in the organization about sexual harassment, and to promote a culture of respect for all employees.
New York Law Journal | Analysis
By Ken Strutin | January 22, 2018
In his Criminal Law column, Ken Strutin writes: Artificial intelligence and information networks are the toolbox of contemporary legal practice, but not for all. Fettered in paper prisons, pro se inmates are without counsel, computers or connectivity.
New York Law Journal | Analysis
By Robert D. Lang and Rachel Nudel | January 22, 2018
Robert D. Lang and Rachel Nudel write: Whether skateboard, electric hover board, or hybrid electric skateboard, the use of these small personal vehicles presents a range of legal issues for the general public, operators and practitioners.
New York Law Journal | Analysis
By Philip C. Patterson and Vera M. Kachnowski | January 19, 2018
International Criminal Law and Enforcement columnists Philip Patterson and Vera Kachnowski write: The end of 2017 marked both the 40th anniversary of the FCPA and a $965 million FCPA settlement with Swedish telecommunications company, Telia Company AB. As we begin the new year, FCPA watchers will be closely monitoring how remedies such as this evolve under both SEC and DOJ authority, in light of other 2017 developments.
New York Law Journal | Analysis
By Steven Zeidman | January 19, 2018
Steven Zeidman writes: In 'McCoy', the Supreme Court must decide whether it is unconstitutional for defense counsel to concede a client's guilt over his express objection.
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