The Legal Intelligencer | Commentary
By Cliff Rieders | May 6, 2024
The relation back component of Federal Rule of Civil Procedure 15(c) is like a sword of Damocles. Whether a plaintiff in good faith can file an amended complaint pursuant to Rule 15(c), which relates back to the time before the statute of limitations expired, can be the difference between the "life and death" for an action of malpractice versus a good night's sleep and no worries for the filling attorney.
Daily Business Review | Commentary
By Kari A. Metzger | May 6, 2024
Regardless of why the case gets referred to nonbinding arbitration, the referral adds an additional layer of preparation and expense to the litigation process. As such, it makes sense for lawyers to use this opportunity to develop the strengths and weaknesses of their case and posture it for resolution.
The Legal Intelligencer | Commentary
By Nicole L. Phatak and Julie Patter Rapaport | May 3, 2024
It is important for every estate planner to discuss charitable giving strategies with their clients, including the benefits and potential pitfalls of the most common methods of charitable giving.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Heather P. Smillie | May 3, 2024
In a recent decision, the U.S. District Court for the District of Delaware upheld a bankruptcy court's ruling that a liquidating trust had the authority to pursue not only estate causes of action, but also third-party claims held by preference defendants and turned over to the trust as part of preference claim settlement consideration.
The Legal Intelligencer | Commentary
By Jules Epstein | May 3, 2024
Pennsylvania law, as does federal, permits a person accused of a crime to "defend" in part by proving their "good" character, limited to the pertinent trait. If the crime is robbery or assault, the defense is that the accused is nonviolent; and if the crime charged is forgery or theft, that the person is honest.
New York Law Journal | Analysis
By Daniel S. Marvin | May 3, 2024
This article explores the cause of the rapid increase in privacy litigation, the challenges these cases bring and what the future may hold.
New York Law Journal | Analysis
By Aravind Swaminathan, Joseph C. Santiesteban, Bradley A. Marcus and Benjamin Hutten | May 3, 2024
To protect executives on the front lines of cybersecurity incidents, companies should be alert to the issues discussed below and consider implementing best practices aimed at reducing the potential liability of key stakeholders.
New York Law Journal | Analysis
By Stephen Breidenbach | May 3, 2024
Given the lack of clarity of how GenAI operates and the likelihood that further risks will emerge as usage becomes more widespread, it is imperative that attorneys and their clients adopt proactive measures to safeguard against the inherent risks presented by these technologies.
New York Law Journal | Analysis
By Melanie L. Cyganowski, Erik B. Weinick and Alexandra Cosio-Marron | May 3, 2024
Cyberattacks are on the rise. On a daily basis, malicious actors use emails or text messages to try and trick individuals into providing sensitive information. Importantly, a litigation-based remedy is available to blunt attacks implemented using a domain name created to cause confusion with the intended victim's actual domain name.
New York Law Journal | Analysis
By Rob Kantrowitz, Sunil Shenoi, Micah Desaire and Xiaorui Yang | May 3, 2024
This article provides an overview of the health care sector's growing cybersecurity risks, best practices for helping prevent or mitigate cyberattacks and best practices for responding to incidents and mitigating health care organizations' risk of enforcement actions and litigation.
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