Supreme Court Review: FLSA, Title VII, First Amendment, Religious Freedom
In their Labor Relations column, John P. Furfaro and Risa M. Salins review rulings pertaining to whether automobile service advisors are exempt from overtime pay under the Fair Labor Standards Act;...
View ArticlePolice Use of Force, the Constitution, and the New NYPD Policy
In his Civil Rights and Civil Liberties column, Christopher Dunn writes: Earlier this summer, the NYPD—the nation's largest and most influential police department—rolled out new use-of-force policies...
View ArticleRequests for Disclosure: Protective Orders and Preclusion
In her Trusts and Estates Update, Ilene Sherwyn Cooper writes: Motions for protective orders and orders of preclusion are defensive measures frequently utilized by Surrogate's Court practitioners as a...
View ArticlePractical Tips About Opening Statements
In his Complex Litigation column, Michael Hoenig writes that by the time a plaintiff's opening has been heard, the jury will likely be feeling strongly sympathetic to the injured claimant. In defense's...
View ArticleBusiness Divorces in LLCs Happen, Business Prenups Should Too
Dominic Picca and Elizabeth Wilkinson of Mintz Levin write: LLC agreements should anticipate the issue of "deadlock" and should include provisions in the operating agreement related to the termination...
View ArticleNY's Statute of Limitations and Mortgage Foreclosures: How to Revoke...
Laura M. Greco and Mitra P. Singh of McGlinchey Stafford discuss a method of effectively extending the ability of a lender to foreclose on a mortgage whose statute of limitations for enforcement looms...
View ArticleAfter Scalia, Court Shows Diminished Appetite for Class Action Appeals
Lawrence T. Gresser, Patrick M. Connorton and Nicole Paschal of Cohen & Gresser write: Since Justice Scalia's passing on Feb. 13, 2016, the court has shown a diminished appetite for class action...
View ArticlePreserving Attorney-Client Privilege in M&A Transactions
Stewart D. Aaron, Joshua Berick and Christian D. Cheslak of Arnold & Porter discuss 'Ambac Assurance Corporation v. Countrywide Home Loans' and write: This decision does not reflect the commercial...
View ArticlePrivilege Logs—Divergent Approaches in New York and Delaware
Brian D. Koosed and Anthony P. Badaracco write: In the last three years, the two leading state court forums for resolution of commercial disputes have responded to the rise in complexity of privilege...
View ArticleMooting Class Actions by an Offer of Judgment: Can It Really Be Done?
Albert Rizzo writes that at the beginning of the year, the U.S. Supreme Court held that an unaccepted settlement offer to satisfy the named plaintiff's individual claim has no force, and therefore...
View ArticleCourts Address When an Alleged Employee Hacking Is a Crime
In their Privacy Matters column, Richard Raysman and Peter Brown analyze recent decisions involving employees accused of hacking into the databases of their own companies, competitors and potential...
View ArticleCollecting Taxes From Convicted Defendants
In his Tax Litigation Issues column, Jeremy H. Temkin writes: At the conclusion of a criminal tax case, a convicted defendant is rightfully most concerned with the prospect of incarceration....
View ArticleThe Reliability of a Prosecutor's Representations in Plea Negotiations
In his Ethics and Criminal Practice column, Joel Cohen writes: Federal and state prosecutors sometimes make plea, or immunity, offers without having gained the requisite approval of higher ups, perhaps...
View ArticleRealty Law Digest
Scott E. Mollen reviews recent cases, including one where a co-op requested its insurer pay for structural work needed to bring the building into compliance with codes, asserting that because the need...
View ArticleNew York Slow to Embrace the 'Design-Build' System
In their Construction Law Column, Kenneth M. Block and Joshua M. Levy state that the 'design-build' system attempts to eliminate the risks of the 'design-bid-build' system by the owner retaining a...
View ArticleWill New Legislation Cure the Gender Pay Gap?
In her Employees in the Workplace column, Wendi S. Lazar writes: Gender discrimination, like racial prejudice, runs deep, and whether it is because of issues related to family responsibility, poor...
View ArticleSEC Adopts Amendments to Rules for Administrative Proceedings
In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris discuss the SEC's final amended rules of practice before its administrative law judges, which critics maintain...
View ArticleEvidentiary Challenge on a Summary Judgment Motion
In his No-Fault Insurance Law Wrap-Up, David M. Barshay writes: The distinction between an affidavit, which is sworn to before a notary public or other public official, and an affirmation, which is...
View ArticlePatents: When the 'Plain and Ordinary' Meaning Is Neither Plain nor Ordinary
Matthew Chivvis writes that the Federal Circuit's decisions provide conflicting guidance on the duty to construe a term when the plain and ordinary meaning is disputed. The lack of a clear rule has...
View ArticleAdvancement of Legal Expenses
In their Corporate Litigation column, Joseph M. McLaughlin and Yafit Cohn write: Where the right to advancement of legal fees is provided in both corporate bylaws and an indemnification agreement, and...
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