New York Law Journal - Columns

What the Constitution Tells Us About Ethical Artificial Intelligence

Mon, 08 Jun 2026 11:56:02 EST

]]>The author argues that as AI becomes more embedded in decision-making, particularly in government and institutional settings, it should be guided by principles rooted in the American constitutional...

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A Mutiny to Die for

Mon, 08 Jun 2026 10:23:59 EST

]]>The 1839 Amistad mutiny involved African captives who seized a ship to escape slavery. Intercepted off Long Island, they were imprisoned, but the U.S. Supreme Court in 1841 ruled they had been...

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Weighing the Impact of New York's Amended Mental Injury Workers' Comp Legislation 18 Months Later

Mon, 08 Jun 2026 09:59:59 EST

]]>"In December 2024, New York joined its neighbor to the east, Connecticut, in allowing all workers to file for workers' compensation for specific types of mental injuries or extraordinary work related...

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Insuring the Ethereal: Navigating Insurance Coverage for Crypto-related Loss

Mon, 08 Jun 2026 09:49:59 EST

]]>"This article reviews typical loss scenarios, key rulings to date, and provides focused guidance for insurance of digital assets."

No Coverage in Perpetuity: Rejecting Emotional Distress as a Trigger for Post-Abuse Policy Periods

Mon, 08 Jun 2026 09:33:59 EST

]]>The article explores a Georgia Court of Appeals recent reversal, which found that mental anguish from prior abuse did not constitute a new injury “occurring in subsequent policy periods (...

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Reining in Transactional Exclusions: Delaware Courts Narrow D&O Coverage Bars and Raise the Burden on Insurers

Mon, 08 Jun 2026 09:13:59 EST

]]>"Two decisions issued within months of each other, Illinois National Insurance Co. v. Harman International Industries, Inc. and View Operating Corporation v. StarStone Specialty Insurance Co.,...

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The Rise of Arbitration in Insurance Coverage Disputes: Implications for Coverage Predictability and Policyholder Rights

Mon, 08 Jun 2026 08:58:59 EST

]]>Driven both by insurer-drafted policy language and sophisticated commercial parties' appetite for potentially streamlined dispute resolution, the insurance industry is experiencing a shift toward...

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The Grand Jury Is Not a Tool for Public Shaming: Court Affirms Bedrock Principles of Secrecy

Sun, 07 Jun 2026 11:08:30 EST

]]>The Maryland Supreme Court reaffirmed that grand jury secrecy protects uncharged individuals from public shaming. It ruled that disclosures must serve a legitimate purpose, and naming people without...

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Joint Legal Custody: What Constitutes a Major Decision?

Sun, 07 Jun 2026 10:53:06 EST

]]>This article explains that joint legal custody now covers more than just health, education, and religion; it includes many aspects of a child's upbringing. Courts emphasize parents must consult on...

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Mastering the Mediation Submission: The Case for a Dual Approach

Sun, 07 Jun 2026 10:35:41 EST

]]>This article stresses the importance of well-crafted mediation statements. It recommends a brief, three-page shared submission to guide the mediator toward settlement, and a confidential ex parte...

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Fines and Counsel Fees in Civil Contempt Proceedings

Fri, 05 Jun 2026 10:58:23 EST

]]>When a court determines that a party has committed civil contempt, and there has been an actual loss, the court may impose as a punishment a fine in an amount sufficient to indemnify the aggrieved...

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Secured Finance Under Article 12 and the 2022 UCC Amendments

Fri, 05 Jun 2026 10:06:18 EST

]]>The 2022 UCC updates, effective June 3 in New York, modernize laws for digital assets. They introduce Controllable Electronic Records (CERs), allowing secured parties to perfect interests through...

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Federal Court Affirms Constitutionality of New York Labor Law Amendment Limiting Liquidated Damages

Thu, 04 Jun 2026 11:42:23 EST

]]>This article is a follow-up to the NYLL 191 amendment which the NYLJ published last year: Labor Law Changes for Manual Laborers in NY | Carter Ledyard & Milburn LLP. The Delaney case is the first...

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Invasion of the AI Data Brokers: Advising Clients How to Fight Back

Thu, 04 Jun 2026 10:37:01 EST

]]>This article warns about AI-driven data collection threatening privacy. Devices like smart homes, wearables, and connected cars gather sensitive info often shared with governments or foreign...

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The Mancini Case—Commercial Reasonableness and the UCC's Ten%E2%80%91Day Safe Harbor

Wed, 03 Jun 2026 03:12:03 EST

]]>The UCC allows flexible standards for collateral sales, focusing on reasonableness. In Mancini v. UBS, the court said notice under ten days can be okay, and a 78% sale price isn't automatically...

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Second Circuit Sets the Floor for Rule 60(b)(3) Discovery 'Misconduct'

Wed, 03 Jun 2026 02:57:56 EST

]]>The case clarifies that negligent discovery errors, like missing emails, do not qualify as misconduct under Rule 60(b)(3) and cannot overturn final judgments. It emphasizes the need for careful...

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One Lawyer, Two Masters

Tue, 02 Jun 2026 13:24:40 EST

]]>The article highlights a serious issue in New York Family Courts: a single lawyer can represent both a child accusing abuse and the accused parent, creating a conflict of loyalty. This risks harming...

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It's Possible, Liability Without Fault: Why New York's Construction Injury Statutes Need Repeal or Reform

Tue, 02 Jun 2026 08:00:08 EST

]]>The article argues that New York's construction injury laws unfairly impose strict liability on property owners with no fault, unlike other states. These outdated laws increase costs, hinder...

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Avoiding Pitfalls: Jurisdictional Considerations for Appeals

Tue, 02 Jun 2026 07:44:10 EST

]]>The article explains that in New York, only “aggrieved parties can appeal from proper, written orders or judgments within 30 days. Appeals must follow strict timing and procedural rules;...

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Why US Companies Cannot Ignore Forced Labor in Supply Chains

Mon, 01 Jun 2026 07:49:30 EST

]]>To avoid liability, companies should improve supply chain transparency, conduct due diligence, enforce strict policies and include strong labor standards in contracts. Proactive measures help prevent...

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DVSJA Hearings Are No Longer Waivable As a Condition of a Guilty Plea

Mon, 01 Jun 2026 07:10:59 EST

]]>The NY Court of Appeals ruled that domestic violence victims cannot waive their right to a DVSJA hearing for reduced sentencing as part of a plea deal, emphasizing this right is too valuable to be...

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Liability for Breach of Confidentiality Medical Malpractice

Mon, 01 Jun 2026 03:59:59 EST

]]>Some twenty years ago, we published a two-part column examining the liability of healthcare providers for breach of physician-patient confidentiality. Since that time, there have been a number of...

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