New York Law Journal | Analysis
By Suman Chakraborty | January 5, 2024
The importance of 'Badgerow' is its conclusion that a federal court faced with a petition to confirm or vacate an award under Sections 9 and 10 of the FAA could not "look through" the petition to the underlying arbitral controversy to determine grounds for federal court jurisdiction
New York Law Journal | Analysis
By Benjamin Daniels, Jenna Scoville and Ileana Polanco Cavazos | January 5, 2024
The rapid expansion of cryptocurrency markets—currently topping $3 billion—has drawn the ire of regulators who have issued a raft of confusing and complicated guidance and regulations. Two recent federal district court decisions illustrate the complexity of the debate and provide guidance to companies looking to understand how to classify their cryptocurrency offerings.
New York Law Journal | Analysis
By David Kessler, Ellen Blanchard, Esther Clovis and Andrew Peck | January 5, 2024
ESI protocols have become a Frankenstein monster of requirements that create obligations well beyond the Federal Rules of discovery, addressing a vast array of discovery topics including search terms, privilege logs and technology-assisted review. What lessons can we take away from the overuse of ESI protocols?
New York Law Journal | Analysis
By Tracee E. Davis | January 5, 2024
The Office of Court Administration recently solicited comments on a proposal to amend Rule 202.70(b)(1) of the Uniform Rules for the Supreme and County Courts to add a reference to technology in the description of what is a commercial case. This article discusses the proposal, rationale behind the rule amendment and kind of technology cases that likely fall within the Commercial Division's jurisdiction.
New York Law Journal | Analysis
By Monica Delgado and Jonathan Harris | January 5, 2024
The fast-paced nature of the legal landscape demands not only legal acumen but also strategic thinking and a keen understanding of the tools at one's disposal. In this dynamic environment, lawyers need to equip themselves with a diverse array of resources to not only survive but thrive. This piece explores a few key tools to empower litigators in their quest for success.
New York Law Journal | Analysis
By Emily Poler | January 5, 2024
The use of social media as a marketing tool has been common for just about as long as social media has existed. In some situations, particularly where an individual is very closely associated with a specific business, such fuzziness has led to disputes over who owns social media accounts. In this article, Emily Poler discusses three recent federal court decisions and how they have addressed whether a social media account belongs to an individual or a business.
New York Law Journal | Analysis
By Kenneth Aulet and Shari Dwoskin | December 8, 2023
This article focuses on the confirmation of BlockFi's Chapter 11 plan, and the lessons learned from the case.
New York Law Journal | Analysis
By James Mitchell and Kelly Lin | December 8, 2023
The crime-fraud exception often presents a quandary to attorney-client privilege. Is your client's question to you—and your advice—protected by that privilege, or must you disclose it to a grand jury should you be served a subpeona seeking information about any conversations you may have had with a client about extradition? If the crime-fraud exception applies, should you have also considered telling your client of that possibility when they first asked you the question and avoiding the issue altogether?
New York Law Journal | Analysis
By James Pastore, Maura Monaghan and Harold Williford | December 8, 2023
The rapid growth of artificial intelligence has created numerous opportunities for increased efficiency, but that efficiency may create a corresponding risk of increased class action litigation. For example, AI can be deployed to improve the speed of customer interactions with a business, but alleged inaccuracies in AI-generated communications or decisions could give rise to class action consumer protection litigation.
New York Law Journal | Analysis
By Ellen Brickman and Chad Lackey | December 8, 2023
In February 2023, the DOAR Research Center sought to shed light on changing attitudes toward the pharmaceutical industry by conducting a survey, which questioned respondents on their opinions of the pharmaceutical industry and their COVID-19 experiences. This article highlights the results of the survey.
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