New York Law Journal | Expert Opinion
By Michael Mosberg | July 24, 2023
Divorce can be complicated and contentious. Clients' ill-informed expectations and decisions based on their mistaken beliefs about divorces in New York will only increase the complexity and contentiousness. This article sets out to dispell some misconceptions to make for a smoother divorce process.
New York Law Journal | Expert Opinion
By Thomas Kjellberg and Robert W. Clarida | July 24, 2023
A discussion of 'Finch v. Casey' concerning 99 songs co-written by Richard Finch and Harry Wayne Casey—aka KC—while they were members of KC & The Sunshine Band in the 1970s. The case is "one of only a handful of cases touching on the interplay between the Copyright Act's statute of limitations, and its termination-of-transfer provisions."
New York Law Journal | Expert Opinion
By Elkan Abramowitz and Jonathan Sack | July 20, 2023
In May 2023, the U.S. Court of Appeals for the First Circuit set aside the convictions of two individuals in the government's high-profile "Varsity Blues" prosecution of fraud and bribery in the college admissions process. In part one of this two-part series, we addressed the court's holding that the government charged an improper "hub and spoke" conspiracy, which resulted in an unfair trial due to the admission of irrelevant prejudicial evidence against defendants. In this article, we address the court's bribery and fraud rulings.
New York Law Journal | Expert Opinion
By Jeetander Dulani and Nicci Warr | July 19, 2023
In June, the FTC unveiled a proposal that will require parties to provide significantly more information and data in premerger filings. Firms that are considering reportable transactions in the near term should understand the risk and timing of any Hart-Scott-Rodino (HSR) filing. This article will discuss the scope and implications of the proposed changes.
New York Law Journal | Commentary|Expert Opinion
By Philip M. Berkowitz and Johane Severin | July 19, 2023
The Supreme Court's recent ruling in Students for Fair Admissions v. Harvard outlaws consideration of race in university admissions. The decision overturns years of precedent permitting race to be a factor in a holistic admissions process. The decision inaccurately equates diversity efforts with historic racism against Blacks, and unfortunately promises to further divide the nation concerning the value of diversity.
New York Law Journal | Expert Opinion
By Kenneth E. Pitcoff and Andrea M. Alonso | July 18, 2023
The protection afforded to municipalities by prior written notice statutes continues to grow. It is clear from recent court rulings, discussed in this article, that expansion of this governmental immunity is the judicial trend.
New York Law Journal | Commentary|Expert Opinion
By William M. Pinzler | July 17, 2023
In 303 Creative LLC et al, v. Aubrey Elenis, the Supreme Court, for the first time in its history, grants a business, open to the public, the right to refuse to serve members of a protected class. Courts regularly review and challenge assertions of innocence (or mitigation) in criminal cases based on claims of sincere religious belief. Courts do not undertake such reviews in civil cases. If courts challenged assertions of sincere religious belief, would they have been upheld?
New York Law Journal | Commentary|Expert Opinion
By David Lenefsky | July 5, 2023
David Lenefsky, former Project Director for Arms Control at The United Nations Association, discusses the importance of the arms control measure of pledging "no first use" of nuclear weapons.
New York Law Journal | Expert Opinion
By Toby Kleinman | June 23, 2023
Parens Patriae refers to the power of the state to intervene against an abusive or negligent parent, and to act as the parent of any child in need of protection. This article is a call for legislation to be created to assure parens patriae oversight by the court. The author writes: "It is time for legislation to be enacted to assure that judges who are charged with child protection take action to actually protect children in their role as parens patraie."
New York Law Journal | Expert Opinion
By Amanda R. Griner and Deborah M. Isaacson | June 16, 2023
A number of states across the country have passed laws focused on regulating the commercial use of facial recognition and other biometric information technologies. Here in New York, bills were introduced in January and February relating to biometric privacy. Most importantly, on May 18 the Federal Trade Commission (FTC) issued the policy statement "Biometric Information and Section 5 of the Federal Trade Commission Act." After briefly reviewing the current developments, this article delves into the policy statement and the implications for businesses in New York and elsewhere.
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