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June 09, 2021 | New York Law Journal

SDNY Clarifies the Scope of 'Misappropriation' Under the Defend Trade Secrets Act

This article examines Judge Jed Rakoff's analysis in 'Zurich American Life Insurance v. Nagel', which provides an important reminder that not all misconduct involving a trade secret qualifies as "misappropriation" under the DTSA.
5 minute read
May 05, 2021 | New York Law Journal

Kelli Moll Leaves Akin Gump for Proskauer

And other announcements of recent hirings and promotions of New York attorneys.
2 minute read
May 04, 2021 | New York Law Journal

Realty Law Digest

Scott E. Mollen, discusses "Haberman v. Zoning Bd. of Appeals of the City of Long Beach," where a wrongful revocation of a building permit was a held as a breach of defendant City of Long Beach's contract.
18 minute read
April 02, 2021 | New York Law Journal

New York Court of Appeals Hands Decisive Win To Business Owners, Holding That They Are Exempt From Vicarious Liability Under the NYC Human Rights Law

The court's decision created a sweeping new per se rule holding that individual owners do not qualify as "employers"—and, therefore, are exempt from the NYCHRL's vicarious liability provisions—despite the expansive scope of the statute.
5 minute read
December 07, 2020 | New York Law Journal

You Can Have Your Cake and Eat It Too: Second Circuit Says Parties Can Appeal Portions of a Judgment After Accepting Remittitur

'Legg' provides critical guidance on a key strategic option available to trial and appellate attorneys seeking to lock in a partial victory and reduce risk while pursuing an appeal.
5 minute read
October 22, 2020 | New York Law Journal

'Eerie': Lawyers Who Tried NYC's First Jury Trials of the COVID Era Adapt to Transformed Courtrooms

Lawyers said they hope the courts are able to scale up and hold more trials at once — only a handful of civil jury trials were held this week in the Bronx, Brooklyn and Staten Island, with more coming in Queens and Manhattan next week—but questioned how it could happen logistically.
4 minute read
May 22, 2020 | New York Law Journal

As Coronavirus-Related Job Losses Surge, Employers Should Brace for an Influx of Disability Discrimination Lawsuits

In preparation for this influx of litigation, this article provides an overview of "failure to accommodate" claims under the Americans with Disabilities Act (ADA), which will be a centerpiece of coronavirus litigation for years to come.
7 minute read
May 07, 2020 | New York Law Journal

Feel Free To Discriminate Against the Mentally Ill: How the ADA Fails Those With Psychiatric Disorders

Under the current environment those with a mental illness are left without any protection at all and the law simply fails to recognize the reality of how mental illness works.
10 minute read
April 13, 2020 | New York Law Journal

What We Can Learn From New York Mental Hygiene Law To Help Us Battle COVID-19: The State of Quarantine Law in New York and Why It Is Flawed

This article addresses basic concepts of due process derived from a deep well of mental hygiene law that are equally applicable to quarantine law. Next, the article addresses federal law surrounding quarantining individuals, New York law, and the law in New York City. Finally, the article discusses proposals for amendments to current quarantine law.
9 minute read
March 19, 2020 | New York Law Journal

Analyzing Force Majeure Clauses in Light of the Coronavirus Outbreak

Will these unprecedented circumstances constitute force majeure events, such that they provide a defense to a claimed breach? This article provides an overview of how New York courts are likely to grapple with this urgent issue.
5 minute read

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