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NY’s Appellate Division Faces Novel Issue Regarding Interpreter Bias and Relation to a Party

New York’s Appellate Division, Second Department faced a novel question regarding interpreter bias at depositions. Zhiwen Yang v Harmon, (2023 NY Slip Op 00893 [2d Dept 2023]) stemmed from a Queens County Supreme Court...more

3/28/2023  /  Appeals

New York’s First Department Holds Trial Court Abused its Discretion in Limiting Scope of Independent Medical Examinations

Given the high “abuse of discretion” standard of review, any time a discovery ruling is altered or reversed by New York’s Appellate Division, the legal community must take note. Such a decision has the potential to affect...more

Keeping Up with the Lawsuits: Celebrity Endorsers, Crypto Ads, and the Evolving Liability Landscape

The overlap of social media, celebrity endorsement, and cryptocurrency have long been viewed as a potential breeding ground for regulatory and litigation liability. The proliferation of cryptocurrency and the lack of...more

The First FTX Lawsuit – Class Action Crypto

On November 15, 2022, the CEO of FTX and various alleged celebrity endorsers were sued in Florida federal court by Edwin Garrison, an FTX investor. In the complaint, Garrison alleges that FTX engaged in the unlawful sale of a...more

New York Clarifies Rules Surrounding Sanctions in Two Spoliation Cases

The Second Department of the New York State Supreme Court Appellate Division issued two decisions in Phelps-Vachier v. Genovese Drug Stores, Inc. and Milazzo v. Best Mkt. on claims of spoliation of evidence. Both Phelps...more

Proposed Legislation in New York Could Reduce State’s Carbon Footprint, But May Present New Challenges For Cryptocurrency Miners

There are two major mechanisms in place to verify new cryptocurrency transactions and add them to the blockchain. Proof of Work - The first cryptocurrency method to be created was the “proof of work” system. Under the...more

NFTs as Commodities: Proposed Senate Bill Signals Regulatory Guidelines

In the rapidly moving world of digital assets, specifically non-fungible tokens (NFTs), we begin to gain some clarity on their future. Creators and regulators alike have speculated about when and how NFTs will be regulated. A...more

If the NFT Fits

Given the expanding importance and usage of NFTs (non-fungible tokens), litigation was inevitable. One of the first such cases is Nike, Inc. v. StockX LLC, a trademark infringement action in the Southern District of New York....more

"Recalcitrant Worker" Defense to NY Labor Law § 240(1) a After Biaca-Neto

The New York Court of Appeals has just erected “new and impossible barrier[s]” for defendants to obtain summary judgment in personal injury cases arising under New York’s Labor Law. On February 18, 2020, the Court of Appeals...more

Recent CERCLA Decisions in New York State Highlight Strict Pleading Standard

Two recent decisions in New York state’s federal courts granted defendants’ motions to dismiss based on inadequately pled allegations, highlighting the strict pleading standard of the Comprehensive Environmental Response,...more

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