Special Sections

  • New York Law Journal | Analysis

    The Future of Federal Arbitration Act Practice After 'Badgerow'

    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

    New York District Courts Split on Whether Cryptocurrency Is a Security

    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

    Lessons Learned From the Overuse of ESI Protocols

    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

    Technology-Related Commercial Disputes Should Be Assigned to the Commercial Division

    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

    Caught in the Crossfire: Tools to Thrive—Navigating the Complex Terrain of New York Litigation

    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

    Who Owns a Social Media Marketing Account? It's Pretty Simple, Really

    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

    Cryptocurrency Companies in Chapter 11: BlockFi's Experience

    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

    The Crime-Fraud Exception: A Defense Lawyer's Quandary

    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

    Artificial Intelligence in Class Action Litigation

    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

    Juror Attitudes Toward Pharmaceutical Companies

    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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