New York

Expert Analysis

• 7 Tips For Predeposition Meetings Under New Federal Rule

  

  Attorneys can use a new predeposition meet-and-confer obligation for federal litigation — taking effect Tuesday — to better understand and narrow the topics of planned testimony, and more clearly outline the scope of any discovery disputes, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

• What Biden Presidency May Mean For Data Privacy Litigation

  

  The administration of President-elect Joe Biden will likely bring major changes to data privacy law and attendant litigation, including federal legislation that could preempt state laws, renegotiation of conditions for EU data transfers to the U.S., and increased Federal Trade Commission enforcement activity, say attorneys at Squire Patton.

• Opinion

  NY Right To Investigate Trump Consulting Fees For Tax Fraud

  

  New York authorities correctly put aside political considerations and took the appropriate first step in any tax fraud investigation by seeking bank and corporate records to investigate potential connections between Trump Organization write-offs and income mirrored by Ivanka Trump's consulting company, says Daren Firestone at Levy Firestone.

• NY Contract Litigation Indicates Limits Of COVID-19 Defenses

  

  Although there has not yet been a decision on the merits, a wave of COVID-19 litigation concerning force majeure, impossibility and frustration of purpose in New York indicates that using pandemic-related excuses to avoid contractual obligations may be limited, says Seth Kruglak at Norton Rose.

• Ethics Reminders As Employees Move To Or From Gov't

  

  Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

• NJ Cannabis Strides Highlight Nearby States' Need To Legalize

  

  As New Jersey's ballot measure approving adult-use cannabis gives the state a strong head start in the race to legalization, neighboring states Pennsylvania, New York and Connecticut need to move quickly to follow suit or risk losing out on significant cannabis tax revenue, say attorneys at Saul Ewing.

• Surveying Drug Pricing Reform: The Latest State Activity

  

  Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

• A Key To Helping Clients Make Better Decisions During Crisis

  

  As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

• NY Auto-Renewal Law Raises Compliance, Litigation Concerns

  

  A new law in New York that requires businesses to obtain consumer consent for automatic contract renewals could warrant extensive revisions to existing terms and conditions, and courts could eventually create a private right of action if they follow California’s trend of permitting individuals to sue under separate statutes, say attorneys at Faegre Drinker.

• Where Data Privacy And CFPB Are Headed Under Biden

  

  Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

• 6 Best Practices For Banks Serving The Marijuana Industry

  

  As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

• Avoiding Copyright Liability For Tattoo Depiction In Media

  

  Two recent diverging copyright decisions concerning Take-Two video games' depiction of professional athletes' tattoos provide guidance on strategically using the implied license and fair use defenses when digital reproductions may infringe copyrighted tattoos, says Rowley Rice at Munger Tolles.

• Ethics Considerations For Law Firms Implementing AI

  

  Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

• 3rd Circ. Could Select Middle Path On Foreign Discovery Law

  

  In a circuit split over whether a U.S. foreign discovery law may be used for private arbitration, the Third Circuit in Axion Holding Cyprus may choose a middle ground by finding that private arbitration under the U.K. Arbitration Act involves sufficient judicial oversight to make it subject to the statute, says Adrienne Koch at Katsky Korins.

• Picking The Right Location And Tools For Virtual Courtrooms

  

  Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.