Features
The Child-Centricity of Our Matrimonial Courts
Despite amendments to statute and court rule, it remains all too common for the court to see the renamed "Attorney for the Child" as a purported "impartial" and "independent" sounding board whom the court will hear first at any conference.
Features
Bad News for NY Law Grads
Just six in 10 of the 4,967 students who graduated last year from New York state's 15 law schools were able to find full-time, permanent employment requiring bar passage by Feb. 15, according to recently released statistics from the American Bar Association.
Features
Who Should Be Partner in a Post-Recession Profession?
In an increasingly competitive marketplace, with fewer seats at the table, a successful candidate for equity partnership must demonstrate a full complement of personal and professional skills and experience.
Features
Retaining Valued Associates
Today's global law fims need the expertise international lawyers offer, but they also need those lawyers to write and speak with a clarity approaching that of a native speaker. An overview of the issues and options for helping international lawyers communicate effectively in English.
Features
Non-Equity Partnerships Are on the Rise Again
Many changes continue to occur in the traditional partner/associate structure in law firms. Permanent associates, staff or contract attorneys, temporary attorneys, of counsel (in one form or another) and non-equity partners have been added to the mix.
Features
Judge Rejects Assistant A.G.'s Employment Bias Lawsuit
A federal judge has thrown out a lawsuit by a New York state assistant attorney general who claims she was passed over for a promotion and demoted on a major case because she is black.
Features
The Changing Shape of Religious Discrimination Law in the UK
Multinational companies with operations in the United Kingdom should take note that the law pertaining to protection against religious discrimination in the workplace is evolving. As a result of a recent decision, employers in the UK need to take a fresh look at their practices.
Features
What the <i>Noel Canning</i> Decision Means for Employers
After the D.C. Circuit Court's ruling in <i>Noel Canning v. NLRB</i> , many employers celebrated the apparent demise of NLRB decisions that they viewed as unfavorable. Some of the most employer-unfriendly and controversial decisions are discussed herein.
Features
More Key Employment Law Developments
Last month, the authors noted that developments in the labor and employment area are proliferating at a rapid pace. The discussion continues herein.
Features
Anyone Can Whistle
The wave of federal legislation continues to provide significant financial incentives and protections to whistleblowers for reporting corporate misconduct to law enforcement. And the wave shows no signs of diminishing in 2013.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›