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January 16, 2024 | New York Law Journal

Lawyers Learning to Lead

Many law schools now treat leadership as a trainable skill, rather than an inherent quality, and many of our recently graduated colleagues have received a formal education in leadership that will benefit our profession and our society, writes the presiding justice of the Appellate Division, Third Department
4 minute read
January 16, 2024 | New York Law Journal

A Long Way . . . and a Long Time Coming

While New York's court system has made strides to improve diversity on the bench, there is still work to do to ensure that the racial makeup of the judiciary better reflects the people it serves, the presiding justice of the Appellate Division, First Department writes.
7 minute read
January 16, 2024 | New York Law Journal

Energizing Civic Engagement in New York

Failure in civics education has serious consequences--it imperils our democracy, Chief Judge Rowan Wilson writes.
9 minute read
January 16, 2024 | New York Law Journal

Implied Covenant of Good Faith and Fair Dealing in Public Construction Projects: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "SCE Environmental Group v. Murnane Bldg. Contrs. Inc." involving three litigations arising from a public construction project commenced by the NYS Office of General Services.
14 minute read
January 16, 2024 | New York Law Journal

Davis Polk Brings Back Former White House Lawyer, Morgan Stanley Compliance Head

Raul Yanes, the latest lawyer to move between a bank and Big Law, will again lead Davis Polk's white-collar defense and investigations practice.
3 minute read
Law Journal Press | Digital Book New Jersey Medical Malpractice Law 2024 Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown View this Book

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January 16, 2024 | New York Law Journal

Use of Police Dogs Constitutes Search Implicating Fourth Amendment Protections

In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.
7 minute read
January 16, 2024 | New York Law Journal

Borrower's Common Defenses in Mortgage Foreclosures Negated

Howard Kingsley, who represented Broom Lender in "Broome Lender LLC v. Empire Broome LLC," discusses the case and how the Appellate Division, First Department removed common obstacles and cleared the path for assignees of mortgage loans to foreclose easily and quickly. Kingsley offers that the case is a "major win for lenders and their assignees because there had not been a prior decision by a New York state court where it found that, although standing was not established through an allonge, standing was established on summary judgment by the assignment of the note."
8 minute read
January 16, 2024 | New York Law Journal

Res Ipsa Loquitur and Medical Malpractice Defense

When an unexplained injury occurs in an area remote from the operative field while a patient is anesthetized, the doctrine of res ipsa loquitur may support an inference and will be considered in whether a prima facie case has been established.
8 minute read
January 15, 2024 | New York Law Journal

Judicial Ethics Opinion 23-49

A judge may wear judicial robes when giving the keynote address at a public high school graduation.
3 minute read
January 15, 2024 | New York Law Journal

Federal Sentencing Amendment 821: Thousands of Prisoners May Be Affected

This article focuses on an amendment to the sentencing guidelines which will allow defendants awaiting sentencing, and even those already serving sentences, to significantly reduce their prison time.
7 minute read

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