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May 10, 2024 | New York Law Journal

Growing Exterritorial Expansion of RICO

Within months of the Supreme Court's decision in 'Yegiazaryan v. Smagin', a significant number of federal appellate courts applied the new precedent with impressive speed, thoroughness and consistency. In doing so, the Courts of Appeals have expanded the scope of RICO into terrain in which older decisions had not dared to tread.
16 minute read
May 10, 2024 | New York Law Journal

Action Over Unease: What Happens Post-Tender Acceptance?

The primary focus of most litigation in the United States is on the defendant's liability to the plaintiff. In the unique world of New York Labor Law claims, however, risk transfer issues among defendants and third-party defendants often become the main event.
7 minute read
May 10, 2024 | New York Law Journal

Meet the New Boss, Same as the Old Boss: The New Old Independent Contractor Rules

The U.S. Department of Labor's new independent contractor regulations, effective March 11, 2024, replace a previous set of regulations issued under the Trump administration in 2021; however, the new rule is not really new.
8 minute read
May 10, 2024 | New York Law Journal

SEC's Crackdown on AI Washing Has Broad Implications

The SEC has now announced that it has settled its first enforcement actions involving AI. Two investment advisors recently agreed to pay civil fines to the SEC for misstatements about AI technology. This signals a new era of SEC enforcement.
7 minute read
May 10, 2024 | New York Law Journal

Is 'To Lose One's Paper To Lose One's Right'? Secondary Evidence of Missing Insurance Policies for Child Victims and Adult Survivors Act Claims

The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.
10 minute read
Law Journal Press | Digital Book Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014 Authors: Michael D. Malfitano View this Book

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May 10, 2024 | New York Law Journal

Client Guide to Judgment Enforcement

This article describes strategic considerations relating to collection that parties should weigh at the onset of any dispute, and tools that prevailing parties can later use to secure monetary awards. It then presents examples of prevailing parties weighing those considerations and employing those tools to receive what they are owed.
8 minute read
May 10, 2024 | New York Law Journal

Great Expectancies: Anticipating Inheritance

Given their druthers, parents generally prefer to treat children equally when it comes to passing on parental property upon death however situations may exist where transfers can be fair and equitable, even though not in equal amounts or shares.
9 minute read
May 10, 2024 | New York Law Journal

Federal Jurisdiction Over Petitions To Confirm, Vacate Arbitration Awards Uncertain After 'Badgerow'

The U.S. Supreme Court's decision in 'Badgerow v. Walters' has made it less predictable whether federal courts will find the amount-in-controversy requirement for diversity jurisdiction has been satisfied.
8 minute read
May 10, 2024 | New York Law Journal

No-Shop Provisions: Drafting Guidance from the Litigator's Perspective

This article provides insight, from a litigator's perspective, into how four key no-shop drafting decisions can impact the outcome of a litigation: duration, scope, choice of law and remedy.
7 minute read
May 10, 2024 | New York Law Journal

California and Europe Require Scope 3 Climate Disclosures Despite SEC Retreat

On March 6, 2024, the SEC issued its final rule that notably eliminated Scope 3 disclosures by public companies—but companies that don't want to make these disclosures should not rejoice, as new requirements from both California and Europe do mandate this information and apply to most large companies operating in the United States.
11 minute read

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