New York Law Journal - This Week's News

No Ethical Bar to Parking Ticket Software Where Non-Court Personnel Have Read-Only Access: Judicial Ethics Opinion 25-186

Tue, 09 Jun 2026 03:59:59 EST

]]>On these facts, where a village has contracted with a third-party vendor to manage alleged parking ticket violations in the vendor's software platform/program and the vendor has provided certain...

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DeepIP Acquires AI Patent Assistant PatentMaker

Tue, 09 Jun 2026 02:59:59 EST

]]>DeepIP CEO and co-founder Franc ois Xavier Leduc said the acquisition of Munich-based PatentMaker positions DeepIP to be the "De facto leader" of IP tech in Europe.

Tuesday Newspaper

Tue, 09 Jun 2026 01:00:59 EST

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

Experts Say 'Disproportionate Exposure' Is Possible as Rare Securities Trial Kicks Off Over 'Insider' Group Claims

Mon, 08 Jun 2026 17:54:08 EST

]]>Defense counsel says the trial—in which opening statements were made Monday in Manhattan U.S. district court—is the first time that a U.S. federal jury will decide whether a group of...

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Deal Watch: M&A Value Surges in Q2, as S&C, Kirkland, Paul Weiss Among Top Ranked

Mon, 08 Jun 2026 17:13:25 EST

]]>Several New York firms benefited from the explosion in mega deals in the first five months of the year.

Law Firm Clients Reap Relationship Benefits at Knicks Game, as Gibson Dunn Wins Courtside Seats

Mon, 08 Jun 2026 16:07:45 EST

]]>Several New York firms, and firms with a large presence in New York, are taking their clients or giving their tickets to clients, in what could be viewed as a top client benefit of working with a big...

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Paul Weiss Debt Finance Partner Returns to Cahill

Mon, 08 Jun 2026 15:39:04 EST

]]>Debt finance partner Marc Shepsman previously worked at Cahill from 2016 to 2023, when he joined Paul Weiss.

Seven New Court of Claims Judges Secure New York State Senate Confirmations

Mon, 08 Jun 2026 13:46:49 EST

]]>The rapid confirmations drew swift backlash from the Center for Community Alternatives, a judicial accountability organization. The group criticized the administration for releasing the names just...

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Mamdani Names Justine Olderman as NYC Criminal Justice Coordinator

Mon, 08 Jun 2026 13:41:47 EST

]]>Olderman is a professor at New York University School of Law and former Executive Director of the Bronx Defenders.

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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New York's System for Responding to Mental Health Crises Is Itself in Crisis

Mon, 08 Jun 2026 11:48:17 EST

]]>The authors argue that adopting Daniel's Law would create a safer, health-centered alternative to New York City's current mental health crisis which has a response system they believe relies too...

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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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Besides Ambiguity, What's in the New Motor Vehicle ‘Tort Reform' Law?

Mon, 08 Jun 2026 09:56:51 EST

]]>Dan Kohane and Brigette Whitmore examine New York's new motor vehicle tort reform law and raise concerns about ambiguities that are likely to generate significant future litigation.

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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Monday Newspaper

Mon, 08 Jun 2026 01:00:59 EST

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

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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Austrian Auction House Sued in NY Over $32M Klimt With Disputed Provenance

Fri, 05 Jun 2026 17:13:16 EST

]]>"Portrait of Fra ulein Margarethe Lieser" by Gustav Klimt was last publicly seen in 1925 before resurfacing in January 2024. A lawsuit filed in New York state court alleges an auction house...

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Democratic Lawmakers Advance Judicial Realignment of Central and Western New York

Fri, 05 Jun 2026 17:12:44 EST

]]>Bill sponsors were able to garner support from the Office of Court Administration, after Gov. Kathy Hochul pocket-vetoed a somewhat similar version in February. Bill proponents say the OCA agrees...

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Former Mongolia PM Surfaces in Manhattan Forfeiture Case

Fri, 05 Jun 2026 16:02:23 EST

]]>A former Mongolian prime minister has moved to intervene in a DOJ forfeiture case over two luxury Manhattan apartments allegedly bought for his benefit with money from a corrupt mining deal.

Letter to the Editor: John A. Sarcone III Was Always and Is Qualified

Fri, 05 Jun 2026 15:07:00 EST

]]>Jay C. Carlisle, Emeritus Professor of Law at the Elisabeth Haub School of Law at Pace University, shares his frustrations with those who have called John A. Sarcone III "unqualified" to serve as US...

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Government's Appeal of Tariff Refunds Order Raises Real Questions for Trade Court, Importers

Fri, 05 Jun 2026 14:06:49 EST

]]>The specter of an appeal has long hung over the U.S. Court of International Trade since Senior Judge Richard Eaton ordered that approximately $166 billion in duty payments be paid back. There's an...

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Pieper Bar Review Founder, ‘Guru of the Law' John Gardiner Pieper Dies Aged 82

Fri, 05 Jun 2026 13:57:00 EST

]]>John Gardiner Pieper passed away peacefully at his home on May 27, 2026, after a years-long battle with cancer. Over the course of his career, he helped tens of thousands of students pass the New...

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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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When IVF Clinic Forms Are Not Enough: Judicial Discretion Under New York Family Court Act §581-306

Fri, 05 Jun 2026 09:59:59 EST

]]>Lisa Zeiderman and Julia Rodgers examine how New York Family Court Act §581-306 gives courts discretion to determine embryo disposition when IVF clinic consent forms fail to meet statutory...

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Court Attorney-Referee May Not Advocate for Government Funding of Medical Research: Judicial Ethics Opinion 25-185

Fri, 05 Jun 2026 03:59:59 EST

]]>A court attorney-referee may not participate in the legislative affairs committee of a not-for-profit organization, where this involves advocating for government funding of medical research.

Friday Newspaper

Fri, 05 Jun 2026 01:00:59 EST

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

Meta, YouTube Move to Toss $6M Social Media Addiction Verdict

Thu, 04 Jun 2026 17:46:20 EST

]]>Lawyers for Meta and YouTube, in post-trial arguments on Thursday, insisted that the jury heard evidence about content that was prohibited under Section 230 of the Communications Decency Act and the...

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Longtime Weil M&A Partner Jumps Ship for Wilson Sonsini in New York

Thu, 04 Jun 2026 14:47:47 EST

]]>Sachin Kohli was with Weil for over 19 years before departing.

Big Law Sues for Big Bucks in Collection Actions Against Ex-Clients, Law.com Radar Shows

Thu, 04 Jun 2026 00:50:24 EST

]]>Am Law 200 firms brought at least 17 new lawsuits last month as plaintiffs, most of them claiming unpaid legal fees.

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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AI & Hallucinations Cause Ongoing Concerns; The Solution May Be Amended Ethics Rules

Thu, 04 Jun 2026 09:33:09 EST

]]>Legal Ethics Professor Michael Fox discusses AI, hallucinations and sanctions, and suggests some actual solutions.

A Tight Market for Top Talent Means Peers Will Fall in Line With Milbank's Associate Salary Increases

Thu, 04 Jun 2026 04:59:59 EST

]]>Despite the relative silence from the rest of the market on Wednesday, sources expect other top firms to eventually match Milbank's salary bump, although there is still the possibility that a...

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Judge Need Not Report Suspended Attorney for Inquiry About Pending Motion: Judicial Ethics Opinion 25-184

Thu, 04 Jun 2026 03:59:59 EST

]]>On these facts, a recently suspended attorney's inquiry about the status of a pending motion does not give rise to any ethical obligation on the part of the presiding judge.

Thursday Newspaper

Thu, 04 Jun 2026 01:00:59 EST

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

Nonprofit Announces Council to Advise on Litigation Funding at 'Simple' Interest Rates

Wed, 03 Jun 2026 18:14:33 EST

]]>The Buffalo-based Milestone Foundation assembled a multi-disciplinary council spanning the full litigation ecosystem, designed to advance its mission and expand access to justice, it said in a news...

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New York Lawmakers Advance Bill to Study Wider Publication of Criminal Court Suppression Opinions

Wed, 03 Jun 2026 18:08:34 EST

]]>The mandate, if established, would require publishing written and oral decisions on suppression of evidence in criminal cases. Critics said the information is readily available through searches, and...

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Former NRA Head CEO Can't Wipe Out $4.3 Million Fine for Misuse of Donor Funds, Appeals Court Rules

Wed, 03 Jun 2026 17:54:21 EST

]]>A New York appeals court upheld a $4.3 million judgment against Wayne LaPierre. The panel said the state's law governing non-profits could allow for monetary damages, and that the judgment wasn't a...

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Lender's Suit Alleges Pillsbury Partner Conspired in $145M Fraud Scheme

Wed, 03 Jun 2026 15:46:38 EST

]]>A representative for Pillsbury denied the allegations, stating, “The claims against Pillsbury and Mr. Karamali are frivolous and lack any merit. We will vigorously defend ourselves in court.

When Monopoly Money Isn't Enough: The Limits of Family Law in 'R v. R'

Wed, 03 Jun 2026 10:32:10 EST

]]>Judge David Saxe offers a judicial account of a family support case involving disputes over post-separation support, financial misconduct, and enforcement actions in New York family court,...

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Under the AVOID Act, A 'Wait and See' Approach to Third-Party Litigation Is No Longer Viable

Wed, 03 Jun 2026 09:40:17 EST

]]>Following the recent update to New York's Avoid Act, Justin Waytowich provides insight into the Avoid Act's practical implications, including what third-party identification actually requires, how to...

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Cooley Recruits Energy, Real Estate Partner Duo From Kirkland

Wed, 03 Jun 2026 05:59:59 EST

]]>Partner Jacob Clark said Cooley's focus on space law and growing data center practice attracted him to the firm.

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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Wednesday Newspaper

Wed, 03 Jun 2026 01:00:59 EST

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

New York Challenges 'Sham Deal' Cancelling $795M Offshore Wind Project

Tue, 02 Jun 2026 18:08:14 EST

]]>“This administration cooked up a sham deal to pay a foreign energy company hundreds of millions of taxpayer dollars to abandon offshore wind and invest in oil and gas instead, said New York...

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Awful, Necessary, or Both? Legal Pundits Eye New York Redistricting Bid

Tue, 02 Jun 2026 17:57:27 EST

]]>A western New York law professor called the latest Empire State proposal "awful," but notes that it is necessary, given the national landscape concerning skewed Congressional lines.

Former Trump Lawyer Must Arbitrate Kasowitz Compensation Claims

Tue, 02 Jun 2026 17:20:24 EST

]]>Marc Kasowitz and his law firm got their motion to compel arbitration granted in a compensation suit brought by former partner and Trump attorney Eric Herschmann.

Rule of Law Rally Planned for June 16 in Manhattan's Foley Square

Tue, 02 Jun 2026 15:32:53 EST

]]>Its theme, “Time to Lawyer Up, is a recognition of "the important role lawyers play in upholding the rule of law and defending against attacks on it," and the event will offer information about...

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For Lawyers, AI May Increase Work Negotiating Contracts

Tue, 02 Jun 2026 15:14:03 EST

]]>Some attorneys report even higher billable hours from what was previously standard contract drafting and negotiating because of clients who have security and data concerns from a vendor's use of AI.

NYC Litigation Boutique Welcomes Former Trump Prosecutor and Nicolas Maduro Defense Lawyer As Partners

Tue, 02 Jun 2026 15:07:44 EST

]]>Susan Hoffinger comes to Harris Trzaskoma from the Manhattan District Attorney's Office and Barry Pollack arrives from New York law firm Harris St. Laurent & Wechsler.

Fired Up Over Leadership: Baron & Budd Accused of Soliciting Class Members in Fire Truck Apparatus Antitrust Cases

Tue, 02 Jun 2026 13:54:48 EST

]]>On Friday, counsel for the prospective class of direct purchasers of fire truck apparatus, including Cuneo Gilbert Flannery & LaDuca and Barrack Rodos & Bacine, filed a motion for U.S. Senior...

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Court Upholds Arbitration Award in Real Estate Development Dispute; Missing GPS Records Undermine Service of Process: This Week in Scott Mollen's Realty Law Digest:

Tue, 02 Jun 2026 13:35:30 EST

]]>Scott Mollen discusses “Oxford Capital Third Avenue LLC v. 554-556 Manager, LLC, where the court upheld a multimillion-dollar arbitration award, rejecting efforts to vacate the award and...

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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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City Agency's Denial of Sept. 11 Public Records Concerning Environmental Impact Was 'Arbitrary and Capricious'

Tue, 02 Jun 2026 13:04:11 EST

]]>The ruling marks the first legal decision to address the city's failure to open its September 11th archive, 9/11 Health Watch said.

If You're an LLC and Reading This, Make Sure You're Published

Tue, 02 Jun 2026 10:19:54 EST

]]>Gary Rosenberg and Alex Estis advise members of LLCs to check their formation documents to make sure a certificate of publication is on file with the Department of State, otherwise their claim in any...

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Know Your Rights: Discovery Disputes Are Expensive, Know Where You Can Save

Tue, 02 Jun 2026 08:34:12 EST

]]>CPLR 3104(b) can become another arrow in the quiver for a party trying to price out their adversary if the adversary is unaware that they have the choice to utilize a free judicial hearing officer...

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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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No Ethical Bar to Sibling Court Clerks in Same Village Court: Judicial Ethics Opinion 25-183

Tue, 02 Jun 2026 03:59:59 EST

]]>It is ethically permissible for a village justice to consent to the village mayor's appointment of a second village court clerk who is the sibling of the current village court clerk, provided the...

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Wiggin and Dana Adds Cullen and Dykman's PE Co-Chair

Mon, 01 Jun 2026 19:40:27 EST

]]>The firm said Spina's talents will greatly benefit its clients, particularly as it expands its work with founders, sponsors, growth-stage companies, and strategic investors.

Paul Weiss Hires M&A Partners in Houston, New York

Mon, 01 Jun 2026 17:49:38 EST

]]>Paul, Weiss, Rifkind, Wharton & Garrison has hired an Akin Gump Strauss Hauer & Feld energy and infrastructure partner for its growing Houston office, and a New York partner from Dechert.

Sunoco Argues That 'Swap' of Oil Inventory Doesn't Create Taxable Income Under NY Law

Mon, 01 Jun 2026 17:40:56 EST

]]>Reed Smith urged an Albany appellate court to reverse the New York Tax Appeals Tribunal's 2024 split ruling against Sunoco, arguing that failing to do so would contradict a landmark 2005 holding. But...

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New York-Based Touro Law to Establish Campus in Montana

Mon, 01 Jun 2026 16:43:50 EST

]]>The campus in Great Falls, Montana, will offer a hybrid learning model based on Touro Law Center's FlexTime J.D. program.

US Gov't Backs BNP Paribas' Appeal of $21M Human Rights Verdict

Mon, 01 Jun 2026 16:42:25 EST

]]>U.S. Attorney for the Southern District of New York Jay Clayton argued that a Manhattan federal judge failed to provide “careful and respectful consideration to the Swiss government's...

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Oliver Wyman Promotes 15-Year Company Veteran to General Counsel

Mon, 01 Jun 2026 15:45:42 EST

]]>Andrew Bainbridge succeeds long-serving top lawyer Paula McGlarry, taking the helm of the legal and compliance operations for the global consulting giant.

Letter to the Editor: The Crumbling of Judicial Process

Mon, 01 Jun 2026 14:30:46 EST

]]>While readers may interpret Judge Jed S. Rakoff's recent commentary, "A Judge's Education," as a topical political satire aimed at an obvious target, reading it strictly through a partisan lens...

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White & Case Adds 5 Laterals, Including New Practice Co-Head

Mon, 01 Jun 2026 13:59:59 EST

]]>The firm, aggressively expanding its M&A team, has added 25 lateral partners with an M&A focus in the past year in New York, D.C., Boston and Houston, White & Case said.

Jones Day Hires SDNY Civil Frauds Co-Chief

Mon, 01 Jun 2026 11:29:59 EST

]]>Jacob Bergman joins the firm's health care and life sciences practice as a partner.

Times That Try Lawyers' Soul: A Lawyer's Duty in a Constitutional Crisis

Mon, 01 Jun 2026 10:33:30 EST

]]>Daniel Kornstein argues that on the 250th anniversary of the Declaration of Independence, lawyers have a special duty to defend the Constitution, the rule of law, and democratic institutions by...

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New NYSBA President Taa Grays Discusses Priorities: Access to Justice, AI, and Inclusion

Mon, 01 Jun 2026 08:59:59 EST

]]>Taa Grays, former vice president and associate general counsel of information governance at MetLife Legal Affairs, became president of the New York State Bar Association today.

Supreme Court Strikes Down Federal Preemption Protection for Freight Broker Liability

Mon, 01 Jun 2026 08:42:59 EST

]]>Steven Saal shares his thoughts on the U.S. Supreme Court's decision eliminating federal preemption protection for freight brokers facing negligent hiring claims, arguing that the ruling creates...

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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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