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November 25, 2024 | New York Law Journal

New York Top Court Says Clickwrap Assent Binds Plaintiff's Personal-Injury Claim to Arbitration in Uber Case

The New York Court of Appeals sided with Uber Technologies on Monday, sending a personal-injury claim to arbitration after the plaintiff mistakenly assented to the forum on a clickwrap.
5 minute read
November 25, 2024 | New York Law Journal

Bankruptcy Judge to Step Down in 2025

Judge James L. Garrity Jr. will remain active on the court to wind down his current caseload until he steps down on Sept. 30, 2025, the Manhattan bankruptcy court announced.
2 minute read
November 25, 2024 | New York Law Journal

Manhattan US Attorney Damian Williams Announces Resignation From Office

Williams said he would step down at 11:59 p.m. on Dec. 13. Current Deputy U.S. Attorney Edward Kim will succeed him.
2 minute read
November 25, 2024 | New York Law Journal

Hochul Vetoes Bill Meant to Alleviate Public Notaries' Paperwork in Non-Electronic Acts

To the dismay of New York’s largest bar association, Governor Kathy Hochul recently wielded her veto pen on legislation aimed at rolling back a series of additional record-keeping requirements placed on non-electronic notary acts in 2023. Hochul said on Friday she was compelled to veto A7241A/S8663 to protect consumers.
4 minute read
November 25, 2024 | New York Law Journal

Attorneys ‘On the Move’: Morrison Cohen Adds White Collar Partner; Corporate/Securities Partner Joins Olshan

And other announcements of recent hirings and promotions of New York attorneys.
6 minute read
November 25, 2024 | 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
November 25, 2024 | 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
November 25, 2024 | New York Law Journal

Decision of the Day: Split Circuit Panel Bars Enforcement of Ivory Law's 'Display Restriction' on Antique Group Members

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
November 25, 2024 | 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
November 25, 2024 | New York Law Journal

The Empty Promise of ‘Dubin v. United States’

Congress enacted 18 U.S.C. §1028A to impose stricter penalties on aggravated identity theft, but its ambiguous language has allowed prosecutors to apply it broadly, often leading to disproportionate sentences for crimes not fitting the traditional understanding of identity theft. In their article, Andrew Mancilla and Robert Fantone discuss the Supreme Court’s decision in Dubin v. United States which aimed to curb this overreach.
9 minute read