New York Law Journal - This Week's News

It's My Party, and I'll Cry if I Want To

Tue, 25 Aug 2026 10:12:21 EST

]]>American political parties face internal challenges from insurgent groups, but they remain vital for organizing voters and shaping policy. Parties use laws to control membership and prevent...

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Taylor Swift Tax' and NYC Pied-à-Terre Levy Challenges May Have Nationwide Impact on Second-Home Litigation

Tue, 25 Aug 2026 09:50:51 EST

]]>The taxes against secondary homes are facing legal challenges in the nation's most populous city and the smallest state but for different reasons.

AI and the Law, Part 1: When AI Makes the Decision, Companies Are to Blame

Tue, 25 Aug 2026 09:41:22 EST

]]>In Part 1 of his 6-Part series “AI and the Law, David Partida discusses how courts and regulators are beginning to hold the companies that build and deploy AI systems—not the AI...

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Part-Time Judge Who Is Former Police Officer May Consult on Documentary About Closed Homicide Case: Judicial Ethics Opinion 26-16

Tue, 25 Aug 2026 03:59:59 EST

]]>A part-time judge who is a former police officer may participate as an interviewee and consultant for a commercially produced documentary concerning a homicide case that occurred more than a decade...

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Tuesday Newspaper

Tue, 25 Aug 2026 01:00:59 EST

]]>Click on the selected day/section to open the New York Law Journal in PDF format.

Short Seller Loses Bid for New York Shield Law Protection in Defamation Suit

Mon, 24 Aug 2026 17:02:20 EST

]]>An SDNY judge said Gotham City Research's report constituted news, but that its authors failed to show that they earned their livelihoods through journalism rather than trading.

Newly Launched Business Group Launches Legal Challenge to Mamdani's City-Owned Grocery Stores

Mon, 24 Aug 2026 16:52:48 EST

]]>In a pair of lawsuits filed in the Manhattan state court, the Multicultural Business Coalition said that hundreds of its member grocers would not be able to compete with the city-owned groceries,...

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Ben & Jerry's Board Members Lose Most of Their Case Against Parent Company

Mon, 24 Aug 2026 16:48:21 EST

]]>A New York judge found that most of the case was blocked by an agreement limiting the board members' ability to sue.

Big Law's Summer C-Suite Hiring Focuses on New Skills for Changing Legal Market

Mon, 24 Aug 2026 14:43:31 EST

]]>Firms such as Simpson Thacher, Paul Hastings, Vinson & Elkins and Mayer Brown have all added new c-suite and directors this summer, amid the need to navigate more attorney lateral movement and to...

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Queens Judge Charles Thomas, Mentor to Generations of Lawyers, Dies at 92

Mon, 24 Aug 2026 00:48:02 EST

]]>Charles Thomas, a longtime Queens judge known for his kindness, guardianship work and influence on generations of attorneys and judges, died Aug. 13 at age 92. Family members said Thomas contracted...

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Trump's 75-Country Green Card Ban Is Struck Down as Unlawful Bias

Mon, 24 Aug 2026 00:44:18 EST

]]>Manhattan U.S. District Judge Jeannette Vargas struck down the Trump administration's policy blocking green cards for people from 75 countries, saying it violates federal immigration law's ban on...

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As the BBA Sells Its Home of 108 Years, 3 Former Presidents Discuss Its Storied History and How It Shaped Their Careers

Mon, 24 Aug 2026 10:57:13 EST

]]>Under a contract expected to close this fall, the Brooklyn Bar Association will sell the building it has operated from for 108 years. A developer has purchased the property for approximately $12...

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The Limits of Family Preservation: Separated Sibling Placements in Foster Care

Mon, 24 Aug 2026 10:12:32 EST

]]>Foster care aims to keep siblings together, but safety, placement availability, and legal issues can lead to separation. While staying together benefits children, safety always comes first,...

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Monday Newspaper

Mon, 24 Aug 2026 01:00:59 EST

]]>Click on the selected day/section to open the New York Law Journal in PDF format.

Defense Bar Questions Prosecutorial Conduct Watchdog's Pace

Fri, 21 Aug 2026 17:23:05 EST

]]>The criminal defense lawyers' association says 41 complaints yielded just one public dismissal, questioning the watchdog's effectiveness. Administrator Susan Friedman said critics underestimate the...

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Appeals Court Splits Over Claims Against Lawyers in Alleged Staged Slip-and-Fall

Fri, 21 Aug 2026 17:12:22 EST

]]>The case involved allegations that a plaintiff's sidewalk accident had been staged, with video evidence purportedly showing an investigator creating the sidewalk defect and the plaintiff feigning the...

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Federal Appeals Court Upholds Disqualification of Northern District NY Prosecutor John Sarcone

Fri, 21 Aug 2026 17:03:42 EST

]]>A divided federal appeals panel says Sarcone was not lawfully serving as acting U.S. attorney when he obtained subpoenas targeting New York Attorney General Letitia James' office; DOJ plans U.S....

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The Practical Implications of Section 16(b) in Today's Data Driven Environment

Fri, 21 Aug 2026 10:36:03 EST

]]>Section 16(b) was meant to prevent short-term insider trading but now often functions as a mechanical tool driven by timing and data analysis. It can target routine, fully disclosed trades, sometimes...

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Small and Midsize Law Firms Don't Need an AI Department—They Need Someone Who Can Make the Pieces Work

Fri, 21 Aug 2026 10:18:57 EST

]]>AI has made powerful legal technology easier to reach. It has not made implementation simple. For small and midsize law firms, an independent strategic AI specialist can fill the gap between buying...

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Remedies Revisited: Early Engagement, 'Litigating the Fix,' and the New Dynamics of US Merger Review

Fri, 21 Aug 2026 04:59:59 EST

]]>The FTC and DOJ now prefer litigating mergers over settlements, favoring early, complete structural remedies like divestitures. Behavioral remedies are largely disfavored. Parties should engage...

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Friday Newspaper

Fri, 21 Aug 2026 01:00:59 EST

]]>Click on the selected day/section to open the New York Law Journal in PDF format.

Mass. City Blocked From Installing Catholic Statues Outside Public Safety Building

Thu, 20 Aug 2026 16:03:35 EST

]]>The state's Supreme Court unanimously upheld a preliminary injunction blocking the installation of two 10-foot tall statues depicting St. Michael the Archangel and St. Florian outside the entrance of...

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Nelson Mullins Faces Ex-Client's $1M Fee Suit Over Conflict

Thu, 20 Aug 2026 15:57:14 EST

]]>Brian Martinsen said Nelson Mullins had him execute a $1.5 million retainer agreement on the day of his arraignment in 2023 and accepted a wire from him for the same amount despite a conflict.

NY Appellate Court Suspends Attorney While Rejecting Pa.'s Broader Rule on Client Relationships

Thu, 20 Aug 2026 14:33:50 EST

]]>The Albany-based Appellate Division, Third Department imposed reciprocal discipline on an attorney who had been sanctioned in Pennsylvania for a sexual relationship with a client, but found that New...

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AI Security Firm and HR Software Giant End Trade Secret Fight

Thu, 20 Aug 2026 14:02:03 EST

]]>The court filings announcing the deals made clear that neither party was receiving a cash settlement from the other.

NY Trial Judges Push Back Against Plan to Shift Judicial Elections to Even Years

Thu, 20 Aug 2026 00:33:30 EST

]]>A judges' association said the proposal, which would affect elections outside New York City, would require gubernatorial appointments during transition periods. But State Sen. James Skoufis,...

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Top Five Unethical Uses of Artificial Intelligence by Attorneys and Four More

Thu, 20 Aug 2026 10:12:57 EST

]]>The author discusses unethical uses of AI that attorney's may be using.

Back to the Future: The SEC's Years-Old 'New' Accounting Fraud Unit

Thu, 20 Aug 2026 09:39:59 EST

]]>Sidhardha Kamaraju, David Abramowicz and Daniel Pohlman explain that the SEC's new accounting unit continues a longtime enforcement focus.

Unconscionability Remains a Narrow Shield Against Contract Enforcement

Thu, 20 Aug 2026 07:00:59 EST

]]>NY courts narrowly apply unconscionability, mainly in cases of predatory or unfair deals. Most contracts from informed parties are upheld, making it a rare defense.

Judge, If Outside Election Window, May Preside Over Case Involving Political Party District Leaders: Judicial Ethics Opinion 26-15

Thu, 20 Aug 2026 03:59:59 EST

]]>A judge who was elected more than two years ago and is not currently within his/her window period for election or re-election to judicial office need not disqualify from a proceeding merely because a...

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Thursday Newspaper

Thu, 20 Aug 2026 01:00:59 EST

]]>Click on the selected day/section to open the New York Law Journal in PDF format.

US Appeals Court Revives Signature Bank Collapse Lawsuit

Wed, 19 Aug 2026 17:17:35 EST

]]>The FDIC intervened in the case to argue that shareholders' securities fraud claims against Signature transferred to FDIC once it was appointed as receiver for the bank. But a three-judge panel, in...

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Harvard to Pay Families $53M After Morgue Manager Sold Donated Body Parts on Black Market

Wed, 19 Aug 2026 16:59:39 EST

]]>The plaintiffs, relatives of people who donated their bodies to Harvard Medical School Anatomical Gift Program, claimed the university was liable for the mishandling and did not act in good faith.

Decision of the Week: Failure-to-Accommodate Claim Revived Over Effectiveness of ADA Accommodation

Wed, 19 Aug 2026 15:08:59 EST

]]>Vacating summary judgment, the 2nd Circuit held that the U.S. District Court applied the wrong standard. An employer does not satisfy the ADA merely by taking some action in response to an...

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DOJ Says Dismissed Sanctuary City Suit Has No Bearing on New York Case

Wed, 19 Aug 2026 11:07:29 EST

]]>Federal prosecutors argue a New Jersey judge's dismissal of a challenge to Newark's immigration cooperation policies turned on state-specific restrictions that are absent in New York.

Holding Period Requirements for Qualified Dividend Income

Wed, 19 Aug 2026 10:10:28 EST

]]>The article relates to a recent decision of the Tax Court, SIH Partners LLLP v. Commissioner, in which the court concluded under an anti-abuse rule in a regulation that the hedging of risks by the...

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Regulatory Gaps Behind NYC's Deadly E-Scooter Crisis

Wed, 19 Aug 2026 09:29:59 EST

]]>Jeff S. Korek explains how New York's e-scooter injury surge is prompting a shift in legal strategies from rider negligence to product liability against manufacturers and distributors.

Physician-Patient Privilege: Recent Decisions Worth a Read

Wed, 19 Aug 2026 06:20:59 EST

]]>Recent New York cases clarify the physician-patient privilege: it generally protects confidential medical info, but can be waived if patients voluntarily disclose or laws require disclosure. Courts...

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Part-Time Justice's Work as Family Court Attorney Bars Participation in Cases Involving Former Litigants: Judicial Ethics Opinion 26-14

Wed, 19 Aug 2026 03:59:59 EST

]]>Where a part-time town justice is also concurrently employed as a full-time court attorney in a family court: (1) The judge must not knowingly participate in any town court matter involving a...

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Wednesday Newspaper

Wed, 19 Aug 2026 01:00:59 EST

]]>Click on the selected section to open the New York Law Journal in PDF format.

E-Filing Expands Into Family Courts in Additional North Country Counties

Tue, 18 Aug 2026 16:27:48 EST

]]>The latest rollout—in Clinton, Essex, Hamilton and Washington counties—marks another step in the judiciary's broader push to expand electronic filing statewide, with practitioners citing...

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Short Seller Faces Renewed Defamation Allegations Over Report Linking Business to Drug Cartel

Tue, 18 Aug 2026 16:20:19 EST

]]>The complaint was filed by Alex Spiro, Hope Skibitsky and Michael Bloom of Quinn Emanuel Urquhart & Sullivan. It argues that the report was based on "false documents."

DOJ Doubles Down on Effort to Quash Huawei Bank Subpoenas Ahead of September Trial

Tue, 18 Aug 2026 15:05:11 EST

]]>Huawei is set to face trial starting September 8 for allegedly running a decades-long racketeering scheme aimed at gaining an unfair business advantage through a pattern of illegal conduct that...

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Court Rejects Developer's Negligence Claim Over Excavation Delays: This Week in Scott Mollen's Realty Law Digest

Tue, 18 Aug 2026 13:30:19 EST

]]>Scott Mollen discusses '1992 Third Realty v. Third Avenue NY Realty,' an appellate court decision regarding negligence claims between adjacent property owners in Manhattan related to construction...

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Soap, Water, and Elbow Grease: Taking Stock of the Hospitality Industry

Tue, 18 Aug 2026 00:38:40 EST

]]>Todd Soloway, Bryan Mohler and Itai Raz examine how the hospitality industry's shift to asset-light models has reduced risk for hotel brands while creating new tensions with owners over control,...

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Insider Trading in Biopharma: An Infection Bound to Spread?

Tue, 18 Aug 2026 10:36:01 EST

]]>Prediction markets like Kalshi pose new insider trading risks in biotech, which is already vulnerable. Weaker regulation and limited oversight could make insider trading worse unless stricter...

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Avoiding Difficulty in Third-Party Practice: Navigating the AVOID Act's 2026 Amendments to CPLR 1007

Tue, 18 Aug 2026 10:14:35 EST

]]>The 2026 CPLR 1007 amendments tighten rules for third-party actions, including shorter service (20 days), a 90-day filing deadline, and new penalties. Brands must act quickly to comply and avoid...

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Record 'Nuclear Verdict' Count Fuels Debate Over New York's Litigation Climate

Tue, 18 Aug 2026 10:11:43 EST

]]>A study from Marathon Strategies identified 190 verdicts exceeding $10 million against corporate defendants in 2025, while New York trial lawyers and insurance representatives offered sharply...

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Closing the Coverage Back Door Under the Graves Amendment

Tue, 18 Aug 2026 09:59:59 EST

]]>Kenneth Pitcoff and Kevin Faley analyze how the Graves Amendment affects New York state laws related to rental vehicle liability and insurance coverage.

Judge May Preside Over Cases Involving Former Judicial Colleague Appearing as Counsel: Judicial Ethics Opinion 26-12

Tue, 18 Aug 2026 03:59:59 EST

]]>A judge may preside in matters involving a former judicial colleague, unless he/she determines their relationship would create an appearance of impropriety or influence his/her conduct or judgment.

The Convergence of Product Liability and Construction Defect Risk

Mon, 17 Aug 2026 19:19:20 EST

]]>Product liability and construction defect claims are merging, with plaintiffs alleging health risks from materials and long-term exposure. This increases insurer risks across multiple parties and...

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Mass. Mayor Charged With Pandemic Loan Fraud, Money Laundering

Mon, 17 Aug 2026 17:12:39 EST

]]>Federal prosecutors allege the Lawrence mayor used over $1.5 million in pandemic loan assistance for professional and personal use, including over $40,000 for his mayoral campaign and more than...

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SEC Charges New Yorker With Alleged $74M 'Boiler Room' Scheme

Mon, 17 Aug 2026 17:07:54 EST

]]>Securities regulators alleged that Andrew Spaventa ran a so-called "boiler room" operation that resulted in investors paying $23 million in hidden fees.

Staying a Move Ahead: Fredric S. Newman Reviews 'On Counsel's Initiative: Mission-Critical Conversations on AI and Cybersecurity'

Mon, 17 Aug 2026 16:53:27 EST

]]>"This book should be read by every lawyer who has clients, or wants to have clients, in the third decade of the 21st century. Trope and Lavallee advance the ambitious proposition that lawyers have an...

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Clifford Chance Asks Court to Compel International Arbitration in $5.8M Pay Clawback Dispute

Mon, 17 Aug 2026 16:46:23 EST

]]>Lawyers for Clifford Chance called the former partners' attempt to change the arbitration jurisdiction in an ongoing pay clawback dispute "a transparent attempt to hijack the arbitral process before...

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Big Law Firms See 'Rare' Demand Growth, but Expenses Accelerate

Mon, 17 Aug 2026 16:06:35 EST

]]>Demand was up 4.2% through the first six months of 2026—higher than the historical growth of 1.5% or 2%, Citi said.

Lethal Language: AI, Accountability, and the 'Carter' Precedent

Mon, 17 Aug 2026 13:27:21 EST

]]>The Carter case established that words alone can be criminally liable if they cause harm, and recent civil cases show AI chatbots influencing vulnerable users toward self-harm. Courts increasingly...

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Troutman Hires New Partner of Bankruptcy, Restructuring Practice Group in Boston

Mon, 17 Aug 2026 11:37:45 EST

]]>Massachusetts native Sean Higgins joined the firm's Boston office at the beginning of August as it expands its bankruptcy and restructuring platform.

Pied-a-Terre Practice Pointers

Mon, 17 Aug 2026 09:25:18 EST

]]>Milbank attorneys provide an overview of New York City's recently enacted pied-a-terre tax, along with practical planning options and tips.

When a Portfolio Company is Under Stress: Preparing for Liability Management and Other Capital Solutions

Mon, 17 Aug 2026 06:59:59 EST

]]>As liability management exercises (LMEs) continue to evolve in both creativity and frequency, private equity sponsors and their advisers should be thinking well before a triggering event emerges...

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AI-Native Appeals: Promises and Pitfalls

Mon, 17 Aug 2026 06:26:59 EST

]]>AI's ability to simulate appellate decision-making is transformative: a simulated panel can show where an appeal is stable and where sensitive, and can support better advocacy and analysis at every...

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Simpson, Continuing Boston Build, Recruits PE Pro From Ropes

Mon, 17 Aug 2026 05:59:59 EST

]]>The firm will be moving to a new location in Boston that will give it enough space to double its current headcount in the city.