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New York Law Journal

Will England Accept that Digital Assets Are ‘Property’?

The author writes "To American lawyers it has been fairly obvious that digital assets are 'property' for legal purposes, but the English have not been so sure. In fact, England has been so not sure that recently it felt compelled to introduce legislation to help resolve the point. And yet even then, this proposed legislation would not actually confirm that digital assets constitute “property,” but rather just provide that it is not out of the question that they might."
17 minute read

New York Law Journal

Section 1782 Practice Pointers From Recent Decisions

The authors state "Section 1782 (28 U.S.C. §1782) is an international litigation issue that this column has been writing about for decades. In today’s column, we provide some Section 1782 practice pointers based on a number of recent decisions."
10 minute read

New York Law Journal

Trade Fixtures In New York Eminent Domain Cases - What Qualifies and How Are They Valued?

The author states "New York courts have consistently held that the proper method of valuation for trade fixtures is reproduction cost less depreciation. This means that each fixture item is valued based on the cost of reproducing that item as of the time of the eminent domain seizure, less the depreciation of such item, to arrive at its sound value."
10 minute read

New York Law Journal

Review of Ex Parte Orders by the Appellate Division 

This article discusses ex parte orders by the Appellate Divison. "An ex parte motion is 'made' when the proposed order to show cause or proposed order, which is submitted with an affidavit in support of the motion, is signed by the court."
16 minute read

New York Law Journal

Publication of Information Regarding Client Matters

This article discusses the extent in which lawyers are free to write and publish articles regarding matters that they have handled for their clients.
8 minute read

New York Law Journal

The Definition of Special Employment

The author states "An employee’s right to compensation under New York’s Workers’ Compensation law is the sole remedy available against their employer for work-related injuries. An employee may have more than one employer for purposes of workers' compensation – a general employer and a special employer. The general employer is the employee’s primary employer and is responsible for hiring and providing wages and benefits."
10 minute read

New York Law Journal

Southern District Refuses to Grant Summary Judgment Due to Lack of Documentary Evidence Demonstrating That Insured's Misrepresentations Were Material

The authors write "In New York, insurers are generally entitled to rescind an insurance policy issued in reliance on a policyholder's material misrepresentations. This provides insurers with an important tool to avoid paying out claims where the policy was issued based on false information in the application."
10 minute read

New York Law Journal

The Elliott Management vs. Southwest Airlines Faceoff: Who Won and What Determined the Outcome?

This article discusses the faceoff between the Elliott Management and Southwest Airlines. "Elliott Management Corp.’s recent campaign to oust the CEO of Southwest Airlines furnishes us with a rough measuring rod by which to judge just what activists can (and cannot) achieve."
7 minute read

New York Law Journal

November Court of Appeals Roundup

This article discusses the right to waive counsel for criminal defendants. "The Court of Appeals recently clarified that when criminal defendants wish to waive their right to counsel and represent themselves, the trial court does not need to specifically apprise the defendants of the maximum amount of time to which they could potentially be sentenced.:
7 minute read

New York Law Journal

Sentencing Commission Addresses Inconsistent Definitions of “Loss”

This article discusses the inconsistent definition of loss as defined by the Sentencing Commission.
10 minute read

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