Applying Newly Announced Test for Proof of Pregnancy Discrimination
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Legg v. Ulster County,' in which the court, in an issue of first impression, found that the denial of a light-duty...
View ArticleChanges in Teen Spending Affect Once-Popular Brands
In his Bankruptcy Update, Edward E. Neiger discusses filings in the teen apparel industry, which continues to decline as the shift in teen spending habits from fashion to technology becomes more...
View ArticleRealty Law Digest
Scott E. Mollen reviews 'Soundings v. Foerster,' which held that a condo may sue to rescind a unit whose buyer hid her intent to use the unit as a day care center, and 'Andrews v. Acacia,' where a drug...
View ArticleHow Not to Be Victim of a Cyber-Attack: Security Rules for Lawyers
Anna Murray writes: A few months ago, my software team received the following request from an attorney: "Please create a form on my WordPress website so potential clients can upload scans of important...
View ArticleAirbnb Faces Strong Headwinds in N.Y. Courts
In their Landlord-Tenant column, Warren A. Estis and Alexander Lycoyannis explore some recent court decisions concerning the short-term rental of residential apartments via Airbnb.
View ArticleSEC Adopts Rules to Permit Crowdfunding
Peter M. Fass discusses the SEC's final rules to permit companies to offer and sell securities through crowdfunding, rules that will assist smaller companies with capital formation and provide...
View ArticleAre Intercreditor Agreements Now Going According to Plan?
In her Secured Transactions column, Barbara M. Goodstein of Mayer Brown examines intercreditor agreements in light of two recent decisions, and discusses the problems that continue to plague creditors...
View ArticleUber Seeks Permission to Operate Outside NYC
A fight over Uber's plans to expand throughout New York state is escalating as lawmakers enter the final weeks of their 2016 legislative session.
View ArticleWhen Same-Sex Harassment Creates a Hostile Work Environment
Kenneth E. Pitcoff and Kevin G. Faley write that the U.S. Supreme Court in 1998 made clear that a sex discrimination claim is not barred because the plaintiff and the harasser are members of the same...
View ArticleJudicial Notice of Website Information
In his Evidence column, Michael J. Hutter writes: While a review of cases over the past 20 years reveals that New York courts, following the lead of the federal courts, are taking judicial notice of...
View ArticleStatistical Sampling in Health Care Litigation
John G. Martin writes: Although the FCA and most provider contracts with insurance companies do not discuss statistical sampling and extrapolation, it has become routine for the government,...
View ArticleAmerican Constitutional Regime From a German Perspective
In his Civil Rights and Civil Liberties column, Christopher Dunn writes: As a representative democracy with a federal constitution and a well-developed judiciary, Germany has a general constitutional...
View ArticleSupreme Court Review in Employment and Labor
In their Labor Relations column, John P. Furfaro and Risa M. Salins review Supreme Court rulings from the 2015-16 term on class certification under the Fair Labor Standards Act; the viability of...
View ArticleNonprofit Compensation and Employment Law Update
David G. Samuels discusses developments relating to compensation of executives, loans to directors and officers and whistleblower protections at charitable organizations, along with changes to the...
View ArticleCourt of Appeals Re-Examines the 'Wrong Person' Defense
In his Criminal Law and Procedure column, Barry Kamins writes: In a series of recent decisions, the New York Court of Appeals has revisited the 'wrong person' defense—an offer of evidence that a third...
View ArticlePolitics Not as Usual: Protection of Political Activities
In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas write: Co-workers may frequently discuss politics in a perfectly amicable manner; however, circumstances may arise where...
View ArticlePersonal Devices Increasingly Part of New E-Discovery Normal
In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss three recent decisions that help illustrate how the integration of personal devices and email into the corporate...
View ArticleSecond Circuit Decision on Damages With Broad Ramifications
In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write: The Second Circuit recently issued a particularly noteworthy opinion addressing damages in an action involving malpractice...
View ArticleWhite-Collar Practitioner's Guide to the Supreme Court's Term
In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: The Supreme Court's 2015 Term promises significant developments for the white-collar bar. The court already has issued...
View ArticleRealty Law Digest
Scott E. Mollen reviews 'Flushing LLC v. 33 Development', where the court found that a binder to a contract was only an agreement to agree, not a binding contract as some material terms were missing,...
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