New York Law Journal - This Week's News

Brooklyn Judge Takes Shots at Class Action Challenging '100% de Agave' Labels on Tequila

Fri, 02 Oct 2026 17:37:48 EST

]]>U.S. District Judge LaShann DeArcy Hall, in the Eastern District of New York, tossed out a consumer class action brought over Don Julio tequila after concluding the plaintiff, who tested five...

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Court Voids NYC's Ban on University Expansion in Lower Manhattan

Fri, 02 Oct 2026 16:27:19 EST

]]>A state court deemed unconstitutional a New York City zoning restriction that blocked colleges and universities from expanding into the SoHo and NoHo neighborhoods.

Harvey to Open Office in Boston, Echoing Big Law's Movement Into Bay State

Fri, 02 Oct 2026 15:04:05 EST

]]>The AI-powered legaltech company Harvey announced its Boston expansion Thursday and intends to hire at least 40 people for the location.

Century Old Maritime Law Center Stage in Bridge Collapse

Fri, 02 Oct 2026 14:17:42 EST

]]>A federal judge applied the century-old Robins Dry Dock rule to dismiss business-interruption claims from companies that suffered financial losses but no physical property damage from the Key Bridge...

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NY AG Outlines Scope of Cornell Investigation as Civil Counsel Make Appearances

Fri, 02 Oct 2026 00:58:15 EST

]]>Attorney General Letitia James says her office will gather evidence and interview witnesses after Gov. Kathy Hochul appointed her special prosecutor in the Cornell sexual assault matter; related...

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NYSTLA's New President Vows to Defend Scaffold Law, Fight Limits on Injury Claims

Fri, 02 Oct 2026 10:31:20 EST

]]>John D. Zaremba used his inaugural address to outline anticipated battles over corporate liability, arbitration and access to New York courts as he took the helm of the statewide plaintiffs' bar...

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DraftKings 'Weaponizes AI' to Encourage Gambling, Proposed Class-Action Claims

Fri, 02 Oct 2026 10:14:54 EST

]]>The federal suit alleges the Boston-based company uses artificial intelligence to identify and send additional promotions to customers who are more likely to gamble and lose but continue betting.

Two Federal Judges Sink New York's Version of the Superfund Law

Fri, 02 Oct 2026 09:29:59 EST

]]>Daniel Markind discusses a federal court ruling that struck down New York's Climate Change Superfund Act, highlighting the broader conflict between state climate regulation, federal authority and the...

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The Jack Smith Hearings: Joe McCarthy Redux

Fri, 02 Oct 2026 08:59:59 EST

]]>Roger Bennet Adler argues that Senator Eric Schmitt's questioning of former special counsel Jack Smith was became reckless political theater, drawing comparisons to the Senator Joseph McCarthy's...

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'Good Forum Shopping' v. Global 'Bankruptcy Tourism': Cautionary Principles Per New Fortress Energy

Fri, 02 Oct 2026 07:29:36 EST

]]>A Delaware company restructured $5B+ debt through a UK court-approved plan, enforced in the US via Chapter 15. The plan spun out its Brazilian business and released the parent company from...

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Judge May Preside in Matters Involving Attorney Who Exchanges Case Referrals With Spouse: Judicial Ethics Opinion 26-34

Fri, 02 Oct 2026 03:59:59 EST

]]>Provided the judge can be fair and impartial, he/she may preside in matters involving an attorney to whom the judge's spouse has referred occasional, discrete cases, and from whom the judge's spouse...

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Friday Newspaper

Fri, 02 Oct 2026 01:00:59 EST

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

11-Lawyer Litigation Team at Kasowitz Exits for Choate

Thu, 01 Oct 2026 16:45:40 EST

]]>Sheron Korpus led the 11-attorney team's move after serving more than 20 years as a litigation partner at Kasowitz. He is now serving as co-head of business and financial litigation from Choate's New...

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John Vitucci Points to Experience, Consistency, Service as His Case for the Bench

Thu, 01 Oct 2026 13:08:39 EST

]]>A former Brooklyn prosecutor and longtime principal law clerk, John Vitucci outlines the experiences he says qualify him for the bench and explains how community involvement and decades in the court...

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275 Catholic Clergy Members Abused 1K+ Children in 3 Mass. Diocese, AG Probe Says

Thu, 01 Oct 2026 00:47:32 EST

]]>For decades, church officials in the Dioceses of Fall River, Springfield and Worcester knew about the sexual abuse of children "yet did not take effective action to prevent it or to examine the...

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Unionization Push for New York Caregivers Faces Early Challenge at Labor Board

Thu, 01 Oct 2026 00:30:09 EST

]]>A bid to organize roughly 190,000 workers in New York's consumer-directed home care program is already drawing opposition, with critics arguing the state's sole fiscal intermediary is not the...

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Judith Gische, Ex-Appellate Justice Who Helped Shape Matrimonial Law, Dies at 70

Thu, 01 Oct 2026 00:25:31 EST

]]>Judith Gische, a former associate justice of the Appellate Division, First Department, died Sept. 25 at age 70. A longtime judge and leading voice in matrimonial law, Gische spent more than three...

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NYC Knew the Air Was Toxic After 9/11. As a Survivor and Victims' Attorney, I'm Not Surprised.

Thu, 01 Oct 2026 11:08:14 EST

]]>Robert Grochow, a three-time cancer survivor and attorney for World Trade Center victims, argues that newly released city records show officials knew about toxic air hazards after 9/11 but minimized...

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Emerging Legal Risks of AI in Health Care

Thu, 01 Oct 2026 10:36:59 EST

]]>Jessica Copeland and Kaydeen Maitland examine the privacy, malpractice, consent and regulatory risks posed by rapidly expanding uses of AI in health care and outline practical safeguards for...

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Real Estate Partner of BCLP to Lead NY Office

Thu, 01 Oct 2026 08:59:59 EST

]]>Ian Weiskopf said he plans to focus on building the corporate talent base and increasing collaboration with other firm offices.

Freshfields Partner Jumps Ship for Cooley in New York

Thu, 01 Oct 2026 08:59:59 EST

]]>Nicholas Caselli was previously a securities litigation partner at Freshfields for over five years.

Recent Applications of Section 11 of the Securities Act of 1933 by the First Department

Thu, 01 Oct 2026 06:20:54 EST

]]>Two 2026 New York appellate decisions clarify Section 11 claims: Glenmede held that signing a registration statement can make someone liable for the whole document despite a disclaimer; dLocal...

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New York Partner to Lead Crowell & Moring as Its First Chair Outside DC

Thu, 01 Oct 2026 05:59:59 EST

]]>McGorty will assume his three-year term starting March 1, 2027, the firm said Thursday.

Part-Time Judge May Not Wear Unified Court System Insignia While Representing Private Clients: Judicial Ethics Opinion 26-33

Thu, 01 Oct 2026 03:59:59 EST

]]>A part-time attorney judge may not wear a Unified Court System lapel pin when appearing in court as a private attorney.

Thursday Newspaper

Thu, 01 Oct 2026 01:00:59 EST

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

Paul Weiss, Ex-Client Lock Horns Over Appeal in Legal Malpractice Row

Wed, 30 Sep 2026 17:36:49 EST

]]>Paul Weiss and its former client Fairstead Capital Management are at odds over Fairstead's requested stay in its malpractice suit against the firm.

Ex-SEC Filing Agent Sentenced to Time Served in Insider Trading Plot

Wed, 30 Sep 2026 16:49:42 EST

]]>Jun Zhen had pleaded guilty to insider trading conspiracy. Prosecutors sought up to three years, but Judge Ophelia Merchant of the Eastern District of New York said a lesser sentence was warranted.

Trump Admin. Pressed to Explain Legal Authority for Global Forced Labor Tariffs

Wed, 30 Sep 2026 16:27:42 EST

]]>What one judge called the “greatest assemblage of federal trade attorneys came to the U.S. Court of International Trade on Wednesday to defend President Donald Trump's forced labor tariffs. But...

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Lindsay Clancy: What's Next for Her Civil Case After Criminal Proceedings Delay

Wed, 30 Sep 2026 13:49:01 EST

]]>The Plymouth County District Attorney's Office has not yet decided whether Clancy will stand trial for a second time, and both parties declined to set a retrial date at Tuesday's hearing.

DOJ Urges Second Circuit to Resolve 'Impasse' in Adani Bribery Case

Wed, 30 Sep 2026 11:14:57 EST

]]>In a 28 September petition, Acting Deputy Attorney General Trent McCotter asked the U.S. Court of Appeals for the Second Circuit to order a Brooklyn federal judge to grant a motion to dismiss charges...

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When a Brand Partnership Morphs into a Corporate Communications Crisis

Wed, 30 Sep 2026 10:13:22 EST

]]>Ioana Good and Natalie Magierski discuss how companies can prevent brand partnerships from becoming reputational crises through stronger oversight, risk assessment and crisis planning.

Civil Court Candidate Carrie Low Cites Public Service, Court Experience in Judicial Bid

Wed, 30 Sep 2026 09:59:59 EST

]]>Carrie Low, a principal law clerk to Staten Island Justice Lisa Grey and former Richmond County prosecutor, is running to fill a newly-created municipal district court seat in Staten Island. She has...

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The Second Circuit's Narrow Res Judicata Escape Hatch

Wed, 30 Sep 2026 09:50:55 EST

]]>Lauren Pincus discusses the Second Circuit's decision in Trireme Energy v. RWE Renewables and its narrow framework for determining when denial of leave to amend may avoid claim-preclusive effect.

Office of the Appellate Defender To Host Its Annual First Monday Event

Wed, 30 Sep 2026 09:41:04 EST

]]>At this year's event, to be held on October 5, Lee Richards and Deirdre von Dornum will present arguments in the Eighth Amendment case ‘Jouppi v. Alaska.'

Ambiguity After Clarity: What Happens Next?

Wed, 30 Sep 2026 06:21:14 EST

]]>With the Clarity Act stalled, regulators may pursue some changes through rulemaking. But key issues—especially agency jurisdiction and ethics rules for officials—require legislation,...

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Judge May Advise Public High School's Law and Politics Program as Unpaid 'Curriculum Reviewer': Judicial Ethics Opinion 26-32

Wed, 30 Sep 2026 03:59:59 EST

]]>A full-time judge may serve as an unpaid curriculum reviewer for a public high school's Law and Politics program.

Wednesday Newspaper

Wed, 30 Sep 2026 01:00:59 EST

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

Pied-a-Terre Tax Blocked for Now as Mamdani Administration's Levy Encounters Legal Headwinds

Tue, 29 Sep 2026 18:19:39 EST

]]>Staten Island Supreme Court Justice Wayne Ozzi issued his ruling in a case brought by Randy Mastro, a former deputy of ex-NYC Mayor Eric Adams and the attorney for several people who say they were...

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The Price of a Loaner: 'O'Hare v. Eddo' and the Graves Amendment

Tue, 29 Sep 2026 17:59:24 EST

]]>In O'Hare v. Eddo, New York's Fourth Department ruled that a free dealership loaner is not a “rental under the Graves Amendment. The dealership may therefore face vicarious liability under New...

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Manhattan Appellate Panel Orders Release of Guidance Memos to Judges

Tue, 29 Sep 2026 17:42:18 EST

]]>The appellate panel rejected the Office of Court Administration's claim that 22 legal guidance memoranda distributed to judges are protected by attorney-client privilege, affirming a disclosure order...

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Appellate Court Upholds Ruling Voiding Brooklyn Democratic Party Rule Changes

Tue, 29 Sep 2026 17:33:20 EST

]]>The Appellate Division, Second Department, affirmed a trial court's decision invalidating Brooklyn Democratic Party rule changes approved at an August special meeting. The ruling was followed by an...

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Takeaways for Employers From the U.S. Supreme Court's 2025-2026 Term

Tue, 29 Sep 2026 17:20:13 EST

]]>Supreme Court rulings may shift agency enforcement, increase pension-liability uncertainty, and affect arbitration and workplace firearm policies. Birthright citizenship and employers' Title VII...

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Part One: Why Truthful Witnesses Are Misunderstood

Tue, 29 Sep 2026 17:01:50 EST

]]>This two-part series examines witness preparation through the lens of psychology, trial practice, and juror decision-making. The first article explores inaccurate assumptions about deception and...

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With Covington Lawyers in Tow, Jack Smith Testifies Before Senate

Tue, 29 Sep 2026 16:26:18 EST

]]>Covington partners Peter Koski and Lanny Breuer were seen seated behind former special counsel Jack Smith during his testimony before the Senate Judiciary Committee on Tuesday.

Temporary Emergency Jurisdiction under the UCCJEA

Tue, 29 Sep 2026 16:15:14 EST

]]>New York may make emergency custody orders when a child present in the state faces imminent danger. If another state may have jurisdiction, courts must communicate. A permanent New York order is...

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Gibson Dunn Hires White & Case Energy and Infrastructure Partner

Tue, 29 Sep 2026 16:13:10 EST

]]>Azar is the latest in a string of energy partners to join Gibson Dunn as the firm pursues a growing market.

Tyson & Mendes Appoints New York Office Managing Partner

Tue, 29 Sep 2026 14:21:21 EST

]]>Patrick Healey is a relative newcomer at Tyson & Mendes, having joined the firm this past June when it merged with Rebar Kelly.

'Benezra' and ‘Errico': Appraisal and Tax Challenges Fall Flat

Tue, 29 Sep 2026 14:15:07 EST

]]>This week, Scott Mollen discusses Benezra v. Rocket Companies, Inc., which dismissed negligence and consumer-protection claims arising from an allegedly inflated property appraisal, and Deutsche Bank...

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Why ‘Building Next Door' Can Be a Catastrophic Risk

Tue, 29 Sep 2026 13:59:59 EST

]]>With major construction projects increasingly taking place alongside existing buildings, the risks to adjacent properties can be significant. Michael De Chiara examines how excavation, dewatering,...

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Glenn Yost Says Family Court Experience, Patience and Compassion Readied Him for the Bench

Tue, 29 Sep 2026 10:57:18 EST

]]>Glenn Yost is a former New York City Police Department detective who entered the legal profession after retiring from the NYPD. A graduate of New York Law School, he opened a Staten Island law...

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AI and the Law, Part 6: Isn't the Vendor Responsible?

Tue, 29 Sep 2026 10:51:39 EST

]]>In the last of his 6-part series “AI and the Law, David Partida examines how liability caps, warranty disclaimers and contractual gaps may shape disputes over AI system failures, urging...

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The Second Circuit in the Supreme Court

Tue, 29 Sep 2026 05:59:59 EST

]]>The Supreme Court affirmed some Second Circuit decisions and reversed or vacated others, covering issues from immigration and firearms to arbitration and civil rights. Three new Second Circuit cases...

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Judges' Association Cannot File Amicus Brief in Challenge to Mandatory Retirement Age: Judicial Ethics Opinion 26-31

Tue, 29 Sep 2026 03:59:59 EST

]]>(1) Whether a judicial association may use court-provided funds to reimburse a member for legal fees and/or litigation expenses incurred in a lawsuit against the court system is a legal question...

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When AI Becomes a Nervous System Problem

Tue, 29 Sep 2026 03:32:59 EST

]]>This article explains that AI is changing law practice and causing stress for lawyers. The key to adapting is managing their nervous system—staying calm and focused amid rapid change. By...

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Tuesday Newspaper

Tue, 29 Sep 2026 01:00:59 EST

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

Buzbee Urges Court to Strike Ex-Client's Retraction of Jay-Z Rape Claim

Mon, 28 Sep 2026 16:04:10 EST

]]>The woman who accused Jay-Z of rape recanted her accusations. But her former attorney, Tony Buzbee, argues retraction was "bought-and-paid-for."

7 AI Checks Before Serving a New York Expert Report

Mon, 28 Sep 2026 15:08:37 EST

]]>An expert may write every sentence and still rely on a record that artificial intelligence helped select.

Housing Court Judge Tashanna Golden Seeks Staten Island Civil Court Seat

Mon, 28 Sep 2026 11:21:42 EST

]]>Raised by her grandmother and the first in her family to attend college and law school, Housing Court Judge Tashanna Golden credits her life experience with shaping her judicial philosophy. In an...

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Goldman Senior Legal Director Returns to Akin

Mon, 28 Sep 2026 10:56:19 EST

]]>Akin added Neil DuChez, one of its former associates, as a corporate partner from Goldman Sachs.

Authenticating AI Evidence: Deepfakes in Court

Mon, 28 Sep 2026 09:29:59 EST

]]>A look at how deepfakes and AI-generated evidence are driving courts toward stricter authentication requirements, greater reliance on experts and new evidentiary rules.

Monday Newspaper

Mon, 28 Sep 2026 01:00:59 EST

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

From Search Results to Defensible Evidence

Sun, 27 Sep 2026 19:08:54 EST

]]>Artificial intelligence can retrieve relevant records with remarkable speed, but retrieval alone is not a defensible investigation. In construction disputes, legal teams need a structured evidence...

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Heads I Win, Tails You Lose? Courts Wrestle With Crypto Price Volatility

Sun, 27 Sep 2026 18:52:37 EST

]]>Courts ruled that crypto wrongdoers can't use price swings to reduce liability. Bankruptcy recovery depends on whether assets were kept or sold; criminal restitution uses the higher value required by...

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The Last Chapter of Life: Part 2—Voir Dire as the Bridge to Summation

Sun, 27 Sep 2026 17:50:20 EST

]]>Lawyers should challenge age bias during jury selection and emphasize in closing how the injury diminished their elderly client's independence, dignity, and quality of life.

Daubert Is a Gate, Not a Guillotine

Sun, 27 Sep 2026 17:28:38 EST

]]>Daubert rulings can reshape multidistrict litigation without ending it. In Paraquat, the initial cases ended after the key expert was excluded; in Acetaminophen, an appeals court later reinstated...

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Cravath PE Head Returns to Weil to Co-Lead Practice

Fri, 25 Sep 2026 17:30:50 EST

]]>His return to Weil comes amid the firm's campaign for “boomerang laterals—those who started at Weil, left for another firm but returned to Weil.

US Judge Allows Blind Attorney's Bias Lawsuit to Proceed Against NY Court System

Fri, 25 Sep 2026 15:09:14 EST

]]>U.S. District Court Judge Ramon Reyes has allowed a blind attorney's disability discrimination suit against the New York State Unified Court System to proceed, finding he plausibly alleged that the...

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Ex-DLA Piper Associate Plans Partner Depos in Sexual Assault Suit

Fri, 25 Sep 2026 15:04:27 EST

]]>The suit's allegations, said Judge Julie E. Green, "are more than sufficient to put defendant on notice of multiple instances of alleged assault and battery, both sexual and nonsexual."

Jay-Z Accuser Recants Assault Claim, Waives All Privilege in Malicious Prosecution Case

Fri, 25 Sep 2026 14:16:05 EST

]]>The declaration provides new fuel for the rap artist and businessman's bicoastal legal campaign against Texas personal injury attorney Tony Buzbee.

Latest Ruling on NY Foreclosure Law Limits Path for Broad Constitutional Challenges, Practitioners Say

Fri, 25 Sep 2026 00:01:40 EST

]]>Recent decisions have strengthened the Foreclosure Abuse Protection Act's legal footing, though some foreclosure attorneys say narrower constitutional challenges remain possible.

The Missing Element in Foreclosure Actions: Breach of Contract

Fri, 25 Sep 2026 09:29:59 EST

]]>Francis Caesar offers that New York foreclosure actions should be treated as breach of contract suits rather than claims under CPLR 3213. He argues that foreclosure plaintiffs must prove four...

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Judge May Reassess Recusal When Social Relationship With Attorney Changes: Judicial Ethics Opinion 26-30

Fri, 25 Sep 2026 03:59:59 EST

]]>Where a judge's social relationship with an attorney has changed over time, the judge has discretion to determine his/her ethical obligations based on his/her assessment of their current...

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Judge Imposes Permanent Safeguards on NYC Detention Facility in Action Against DHS

Thu, 24 Sep 2026 17:31:20 EST

]]>"The facts show that ICE repeatedly has violated this Court's orders either by intentionally flouting them or by employing so-called 'best' efforts that simply have not been good enough," U.S....

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NYC's New Office of Worker Power Could Be Model for Other Labor-Friendly Locations

Thu, 24 Sep 2026 17:22:08 EST

]]>Employment attorneys said that, while it was too early to know exactly how the office would operate or how large its effects would be, it has the potential to inspire the creation of similar programs...

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‘Not Every Dispute Requires a Lawyer': NY Chief Judge Highlights Nonlawyer Aid at Justice Hearing

Thu, 24 Sep 2026 17:16:23 EST

]]>At the judiciary's annual civil legal services hearing, Chief Judge Rowan Wilson said traditional representation alone cannot meet the need, as providers sought another $25 million and reported...

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'There's a New Sheriff in Town': NYC's $130M+ DoorDash Settlement Gives a Glimpse Into City's Plan for Wage Theft Enforcement

Thu, 24 Sep 2026 16:38:04 EST

]]>The largest portion of the settlement, totaling $83 million, will resolve a disagreement between DoorDash and city officials over payment for delivery worker's "on-call time," or time Dashers spend...

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New Mass. Bar President, Former 'Subsidized Lunch Kid,' Plans to Expand Free Legal Services, Clear Court Congestion

Thu, 24 Sep 2026 15:27:04 EST

]]>"My passion is making sure that the the ladder doesn't get pulled up behind us so people have a route to pursue their goals and dreams in a fair and meaningful way," personal injury attorney Samuel...

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Federal Law Against Arbitration Keeps Sorority's Negligence Case in Court, NY Appeals Court Says

Thu, 24 Sep 2026 14:34:01 EST

]]>In keeping the case in court, the Second Department resolved an issue of first impression on the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

NY Sues Polymarket, Calling Prediction Market Platform an Illegal Sportsbook

Thu, 24 Sep 2026 14:28:31 EST

]]>New York State Attorney General Letitia James alleges that Polymarket's event contracts amount to unlicensed gambling under state law; the company counters that the lawsuit is a "copy/paste"...

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O'Melveny Continues NY Restructuring Expansion With Linklaters Hire

Thu, 24 Sep 2026 00:49:43 EST

]]>Penelope Jensen joined O'Melveny weeks after the firm's hiring of David Botter from Cleary.

Matrimonial Law and Contract Law: Forever Intertwined

Thu, 24 Sep 2026 09:59:59 EST

]]>Alan Feigenbaum discusses how contract principles and best-interest considerations intersect in New York custody disputes involving parental estrangement, focusing on the decision in ‘Anonymous...

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GDPR Disclosure Obligations Versus US Trade Secret Protection—A Transatlantic Guide for US Tech Companies With an EU Business

Thu, 24 Sep 2026 07:34:16 EST

]]>US companies facing GDPR Article 15 requests must balance transparency with protecting trade secrets. While GDPR requires providing personal data and processing info, revealing too much risks...

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Marking Territory: Patent Settlement Licenses and Section 287 After 'VDPP v. Volkswagen'

Thu, 24 Sep 2026 07:17:44 EST

]]>The court ruled that patent owners and licensees must properly mark products to claim pre-suit damages, even if the patent is expired or settled. VDPP failed to show licensees marked products, so its...

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Judge May Host Bar Association at Law Firm, But Must Recuse From Firm's Cases: Judicial Ethics Opinion 26-28

Thu, 24 Sep 2026 03:59:59 EST

]]>A judge who is the president of a bar association may continue to host the association's meetings at a private law firm that does not regularly appear before him/her, but is disqualified from...

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