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May 05, 2020 | New York Law Journal

Suit Proceeds Against NY Lawyer Accused of Working for Divorce Client's Husband

The divorce attorney is accused by his ex-client of representing her in a divorce action despite the "conflict of interest" of her then-husband paying his lawyer fees. The ex-client also claims that her lawyer "continually ced[ed] her best interests on numerous critical issues to those of her then-husband."
5 minute read
March 06, 2020 | New York Law Journal

Litigators' Immunity From Non-Client Lawsuits

In this edition of his Complex Litigation column, Michael Hoenig discusses lawyer immunity from civil liability to non-clients for their statements or actions taken in connection with representing a client in litigation. He writes that "absolute" immunity is not necessarily so absolute. The "qualified" privilege doesn't protect lawyers all the time. But lawyer zealousness is given ample latitude to advocate for clients vigorously, sometimes aggressively.
8 minute read
February 07, 2020 | New York Law Journal

'Residual Hearsay' Exception: Recent Changes Bring More Muscle

In his Complex Litigation column, Michael Hoenig discusses the hearsay rule and some of its exceptions, particularly focusing on the newly revised revised Rule 807, which is now seemingly more muscular than the old rule and may go from rare use to a thriving battlefront.
9 minute read
January 31, 2020 | New York Law Journal

Ruth Bader Ginsburg to Appear at NYC Bar's Musical Comedy

The New York City Bar Association will roast Ginsburg in a humorous tribute to the justice, her life and her love of opera.
3 minute read
January 22, 2020 | New York Law Journal

Class Certified in Tenants' Heat and Hot Water Suit vs. City Housing Authority

Mary Eaton, a partner at Willkie Farr & Gallagher representing the tenants, said, "Forcing hundreds of thousands of NYCHA tenants to pursue individual breach of contract claims in Civil Court is not a just or reasonable approach, and we are pleased the Appellate court agreed."
3 minute read
January 10, 2020 | New York Law Journal

'Smart' Clothing: A New Liability Frontier?

In his Complex Litigation column, Michael Hoenig uses the recent case 'Andrews v. Lands' End', where Delta Airlines flight attendants claimed their uniforms caused them adverse health effects, to discuss the current law and issues surrounding "smart clothing."
7 minute read
December 06, 2019 | New York Law Journal

Court Deference to Agencies' Interpretations

In his Complex Litigation column, Michael Hoenig discusses the Supreme Court's decision in 'Kisor v. Wilkie', in which the court wrestled with the degree of deference courts must (or should) give to an agency's interpretation of its regulations.
8 minute read
November 08, 2019 | New York Law Journal

Recent 'Frye' 'Gatekeeping' Rulings

In his Complex Litigation column, Michael Hoenig discusses a recent trial court decision that teaches valuable lessons for lawyers as it wrestles on how to decide an exquisite battle of expert opinions by well-qualified neurologists. Litigators may well take sides on this interesting one.
11 minute read
October 15, 2019 | New York Law Journal

Recent Expert Reliability Rulings

In his Complex Litigation column, Michael Hoenig discusses recent decisions, one on design and causation issues and another on a warnings claim, which illustrate that "judicial gatekeeping for expert reliability continues robustly and can affect the outcome of litigation."
9 minute read
September 06, 2019 | New York Law Journal

Eavesdropping and Spying by Smart TVs and Devices

In his Complex Litigation column, Michael Hoenig discusses a recent spate of developments regarding smart devices and consumer privacy. Privacy lawsuits and regulatory complaints are mushrooming. Corrective measures by manufacturers arguably will strengthen some defenses against claims. Yet, there are scores of millions of Smart TVs and devices sold before the remedial measures were instituted. Will litigation be a promising avenue?
10 minute read

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