By Christine Charnosky | April 4, 2024
"You've got to name it to tame it," said Patrick Krill.
New York Law Journal | Analysis
By Alex Malyshev | April 4, 2024
This article discusses Governor Kathy Hochul's proposed plan, which includes an assessment of the OCM and new enforcement legislation, to improve the rollout of New York's adult-use cannabis program, which has been particularly troubled since its authorization three years ago.
New York Law Journal | Analysis
By John M. Delehanty | April 4, 2024
The purpose of this article is to set out guidelines for counsel and their clients to prepare an informative and productive mediation statement.
New York Law Journal | Analysis
By Barbara M. Goodstein and Adam C. Wolk | April 3, 2024
'North Star' underscores the important distinction between nonexclusive and exclusive license agreements when foreclosing on a licensed asset. A licensee seeking to acquire use rights in trademarks encumbered by a perfected security interest should weigh the benefits under Section 9-321 of a nonexclusive license against possible commercial advantages of an exclusive license.
New York Law Journal | Analysis
By Christopher Dunn | April 3, 2024
This article discusses two McCarthy-era Supreme Court decisions in conjunction with a current Congressional investigation that highlight how the First Amendment significantly limits the otherwise broad investigative authority of Congress.
New York Law Journal | Analysis
By Michael J. Hutter | April 3, 2024
Inquiries received from Michael J. Hutter's previous Evidence column, together with the Supreme Court's grant of certiorari and then subsequent dismissal of the appeal as improvidently granted in 'In re Grand Jury', suggest a discussion of the status if dual purpose communications in New York is both timely and appropriate.
New York Law Journal | Analysis
By Frances Green and Rebecca Porter | April 2, 2024
The evolution of AI programs presents an interesting dichotomy: If they are proven successful by increasing efficiency and enhancing effectiveness, should there also be a threshold mandate for their use in the legal profession, and if so, what ethical mandates should sit alongside such requirements?
New York Law Journal | Analysis
By Nicholas J. Pappas and Joshua Hughes | April 2, 2024
This article analyzes cases decided both before and after the SFFA decision to illustrate how employers and courts have considered race in implementing and assessing the legality of diversity initiatives. It then proposes questions employers may consider to ensure legal compliance while also promoting diversity objectives.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 1, 2024
In its recent decision in 'Carroll v. Niagara Falls Memorial Medical Center', the Fourth Department held that partial summary judgment should be granted only as to theories or claims of malpractice that were not addressed, and that an expert affirmation submitted in opposition is not required to address every allegation in a bill of particulars.
New York Law Journal | Analysis
By Christopher Boehning and Daniel J. Toal | April 1, 2024
In a recent decision, the Ninth Circuit clarified and affirmed the use of Rule 37(e) as the standard for imposing sanctions for the loss of ESI and upheld the dismissal of a plaintiff's employment discrimination case as a sanction for intentional spoliation of text messages.
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