New York Law Journal | Expert Opinion
By Ross Sandler | June 7, 2023
Weekly wage trap for businesses was wrongly decided according to an 1894 attorney general's opinion interpreting New York State's wage law for manual laborers to allow bi-weekly wage payments.
New York Law Journal | Expert Opinion
By Gary M. Rosenberg, Alexander Lycoyannis and Brendan J. Derr | June 6, 2023
Litigators who overzealously move for summary judgment in lieu of complaint to enforce guaranties of both the payment of money and the performance of other obligations may have their motions denied by the court—wasting the client's time and money and undermining the purpose of moving under CPLR 3213.
New York Law Journal | Expert Opinion
By H. Christopher Boehning and Daniel J. Toal | June 5, 2023
A discussion of the recent decision, Kaiser Aluminum Warrick, LLC v. US Magnesium LLC, which "helps move the law forward on the issue of relevancy redactions" and provides "much-needed guidance on a topic that has prompted many disagreements and motion practice."
New York Law Journal | Expert Opinion
By Dyan Finguerra-DuCharme, Megan Noh, and Nicholas Saady | June 2, 2023
A discussion of "Yuga Labs, Inc. v. Ryder Ripps," a recent ruling out of California where the court determined that a controversial NFT project infringed Yuga Labs' trademarks. The decision provides important guidance on how the Lanham Act applies to NFTs and how the First Amendment and Fair Use doctrine may be utilized as defenses in NFT lawsuits.
New York Law Journal | Expert Opinion
By Anthony Michael Sabino | June 1, 2023
In Axon Enterprise v. F.T.C., the U.S. Supreme Court very recently decreed that constitutional challenges to regulatory power need not be relegated to agency administrative law judges, but rather are cognizable in the district courts. In the first installment of his two-part series, Anthony Sabino discussed the foundation for this newest edict. Now he turns to Axon itself.
New York Law Journal | Expert Opinion
By John M. Leonard and Seán McCabe | May 31, 2023
A discussion of the liability risks posed by a bill pending in the NY Assembly and Senate—the Biometric Privacy Act. The article also considers insurance implications—how courts have ruled so far on insurance claims for BIPA liability, and how policy language may change in response to significant liability exposure.
New York Law Journal | Expert Opinion
By Alan Feigenbaum | May 31, 2023
A look at forensic psychiatric examinations in the context of contested custody matters. The article discusses a recent decision by an appellate court in New York, which held that a trial court did not commit an error by not mandating a forensic psychiatric examination of the parents because no proof was put forth that the mother had a mental illness. The author also focuses on whether or not mental illness of a parent should be a prerequisite to a forensic psychiatric examination, and how (if it all) that impacts the due process rights of a litigant in a custody case vs. whether or not such a requirement offers a valuable gatekeeping function.
New York Law Journal | Expert Opinion
By Scott Mollen | May 30, 2023
Scott Mollen discusses "Eshaghpour v. Promenade Condo." and "Morris Motel, LLC v. Dechance."
New York Law Journal | Expert Opinion
By Jeffrey G. Steinberg | May 30, 2023
A discussion of insurance coverage for architects and engineers, specifically, the extent to which common gaps in their professional liability policies may be filled in some instances by their general liability policies.
New York Law Journal | Expert Opinion
By Paul Greene | May 26, 2023
The NY Department of Financial Services published a consent decree last week where a crypto company was fined $1.2 million for not conducting proper information security risk assessments and using template policies, without customizing them to fit the company. This article discusses this consent decree and the importance of robust risk assessment procedures and tailoring an information security program to an organization's specific needs.
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