New York

Expert Analysis

• Opinion

  NY Bad Faith Bill Would Tip The Scales Against Insurers

  

  A recently introduced New York bill proposes a statutory cause of action for insurance company bad faith when legal remedies already exist, which may dangerously upset the balance between insurers and policyholders, say attorneys at Hurwitz & Fine.

• Challenging Class Cert. When Plaintiffs Missed 'False' Ad

  

  False advertising class action plaintiffs often target language from a defendant's marketing materials or product label — but a defendant may be able to challenge class certification with evidence that many class members did not see the statement in question, say Michael Schwartz and Maren Messing at Patterson Belknap.

• Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

  

  Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

• Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

  

  A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

• How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

  

  Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

• Font Considerations To Give Your Legal Briefs An Edge

  

  Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

• Avoiding Biometric Privacy Class Actions After Md., NY Bills

  

  Pending biometric privacy laws in Maryland and New York, if passed, could trigger other jurisdictions to follow suit, so businesses should start implementing compliance practices now to stave off a wave of class actions, says David Oberly at Blank Rome.

• Make Profitability Management Part Of Your Law Firm Culture

  

  As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

• Indoor Air Pollution Fix Will Require New Laws, New Tech

  

  The COVID-19 pandemic, an aging population and changing workplace dynamics all foretell more exposure to indoor air pollutants, so a multidisciplinary policy approach combining technology, insurance, funding and regulation will be needed to improve indoor air quality and health, says Ann Al-Bahish at Haynes and Boone.

• How D&O Coverage Fits Into Diversity Claim Mitigation

  

  As companies face a shift in the directors and officers insurance market following a spate of recent shareholder suits over lack of diversity in corporate leadership, executive teams should review D&O policy coverage while implementing diversity initiatives that will effect meaningful, long-term change, say Natasha Romagnoli and Hannah Ahn at Blank Rome.

• FERC Settlement Highlights Transparency For Power Cos.

  

  The Federal Energy Regulatory Commission's recent settlement with Alliance NYGT underscores how important it is for electric power companies to ensure that they communicate accurate and timely information to independent system operators and regional transmission organizations with whom they have contracts, say Paul Pantano Jr. and Thomas Millar at Willkie.

• 4 Trends In Discoverability Of Litigation Funding Documents

  

  Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

• Opinion

  Courts Should Clarify Contours Of NY Gov't Transparency Law

  

  Following the Second Circuit's recent decision in Uniformed Fire Officers v. de Blasio to allow publication of New York City police disciplinary records, courts should address whether third parties can intervene in similar lawsuits and challenge disclosures under New York's Freedom of Information Law, say Roger Cooper and Ye Eun Charlotte Chun at Cleary.

• Opinion

  SEC Should Drop Litigation Over Ripple's XRP Token

  

  The U.S. Securities and Exchange Commission should settle or withdraw its allegations that Ripple Labs' XRP is an unregistered security, and focus on creating new rules for securities registration that account for the unique dynamics of digital assets, says J.W. Verret at George Mason University.

• Cannabis Legalization's Effects On Insurance Industry

  Excerpt from Practical Guidance

  

  Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.