New York

Expert Analysis

• Perspectives

  Justice Denied For A NY Domestic Violence Survivor

  

  New York's Domestic Violence Survivors Justice Act was enacted to reduce sentences for people like Nicole Addimando, who was just given 19 years to life in prison for killing her sadistically abusive partner, so the court’s failure to apply it here raises the question of whether it will be applied at all, say Ross Kramer and Nicole Fidler at Sanctuary for Families.

• And Now A Word From The Panel: MDLs Continue To Thrive

  

  The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

• 5 Complications That Can Derail A Class Action Settlement

  

  As courts increase scrutiny of class action settlement agreements, approval hinges on avoiding common mistakes, such as inadequate forms of notice, lack of Article III standing and irrelevant cy pres recipients, say attorneys at Troutman Sanders.

• Rebuttal

  AI Can't Accurately Predict Case Length And Cost — Yet

  

  A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

• Don’t Bet On Constitutionality Of Daily Fantasy Sports In NY

  

  A New York state court's recent decision in White v. Cuomo that daily fantasy sports are unconstitutional means that while the services may continue to legally operate, they face an uncertain future until the state’s highest court weighs in or the Legislature amends the constitution, say attorneys at Faegre Drinker.

• EEOC Policy Change Clashes With Challenges To Arbitration

  

  Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

• Using IRS Supervisory Approval Rules To Fight Tax Penalties

  

  A full understanding of the IRS' internal penalty approval rules can enable advisers to help taxpayers avoid penalties in many instances where the IRS has failed to meet its procedural obligations, say attorneys at McDermott.

• Avenues Of Relief For Cybersecurity Whistleblowers Increase

  

  Successful securities and False Claims Act lawsuits and a spate of state legislation over the past year have legitimized cybersecurity deficiencies as a basis for federal and state liability and strengthened protections for whistleblowers, says Matthew LaGarde of Katz Marshall.

• Peloton Suit Shows Sync Licensing Is Next Copyright Horizon

  

  A New York federal court's recent decision that the publishers' refusal to license music did not violate antitrust law in Downtown Music Publishing v. Peloton demonstrates that innovators cannot rely on a blanket public performance license and that copyright law is in need of reform, says Sekou Campbell of Culhane Meadows.

• What Health Care FCA Trends Tell Us About The Year Ahead

  

  The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

• Consumer Finance Poised For Greater Scrutiny From States

  

  As state-level regulators step up consumer finance oversight to fill the void created by more restrained federal regulation in this area, financial institutions should keep an eye on developments and agencies in several key states, say attorneys at Hogan Lovells.

• 3 Rulings Show When Litigating Wage Claims Is Worth It

  

  Recent decisions from New York federal courts demonstrate when wage and hour defendants may benefit from litigation, rather than an early settlement offer designed to avoid fee-shifting provisions that favor prevailing plaintiffs, says Valerie Ferrier at Martin Clearwater.

• Lawyers Can Build Trust Through The Spoken Word

  

  As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

• Universities Shouldn't Roll Dice On Sports Betting Compliance

  

  As states across the U.S. legalize sports betting, universities must be willing to amend their compliance programs to protect their institutions, student-athletes, athletic conferences and the integrity of games, say attorneys at Cadwalader.

• Opinion

  Legal Prediction Is Demanding But Not Impossible

  

  The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.