Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Data Driven Compliance: Understanding the UK’s New Failure to Prevent Fraud Offense with Sam Tate
(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test
Podcast - The 3 Core Themes of Trial Law: Know Your Court
The FTC’s Rule Banning Non-Compete Agreements | What You Need to Know
The Chartwell Chronicles: Florida Workers' Compensation
The Chartwell Chronicles: New Jersey Caselaw Updates
The Maritime Anti-Corruption Network: An In-Depth Conversation
Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates
JONES DAY PRESENTS®: The Mechanics of Multidistrict Litigation: Streamlining Complex Cases
The Chartwell Chronicles: Medical Provider Claims
A General Overview of Maryland Workers' Compensation
Elements and Defenses to Claim Petitions
NGE On Demand: The (Dilatory) Forum Defendant Rule and Snap Removal with Nick Graber
Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]
Workers' Compensation Academy: 2020: A Unique Year in Many Ways Including Changes in New Jersey Workers’ Compensation
Law School Toolbox Podcast Episode 263: Listen and Learn -- Subject Matter Jurisdiction
Chapter 15 Bankruptcy Issues, Venue, and Jurisdiction by Kristhy Peguero and Jennifer Wertz
Podcast: CFIUS Update: Key Takeaways from the FIRRMA Implementing Regulations
Ezrasons, Inc. v. Rudd, No. 2, --- N.E.3d ---, 2025 WL 1436000 (May 20, 2025) - “Few principles are more firmly entrenched in corporate law than the internal affairs doctrine, a choice-of-law rule providing that, with rare...more
Section 626 of New York’s Business Corporation Law governs standing to sue derivatively in New York. It states that “an action may be brought in the right of a domestic or foreign corporation . . . by a holder of shares or...more
Does the saying “when the cat is away, the mice will play” apply to labor law? Some states, including New York, seem to think so. With the National Labor Relations Board (“NLRB” or the “Board”) currently lacking a quorum, New...more
Section 363(f)(5) of the Bankruptcy Code allows a bankruptcy trustee to sell estate property free and clear of any competing interest in the property (such as a lien or other security interest) if the interest holder "could...more
Recent uncertainty at the federal level involving labor relations disputes has prompted states to take action, particularly since the National Labor Relations Board (NLRB) currently has too many vacancies to issue decisions....more
The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases...more
When litigants pursue claims against foreign defendants, the question of how to serve them is more than procedural – it’s jurisdictional. As many readers of this blog are aware, CPLR 308 authorizes alternate service methods...more
A recent decision from the Manhattan Commercial Division reminds us that even substantial and high-profile transactions tied to the state may not be enough to establish personal jurisdiction over an out-of-state defendant. In...more
Jurisdiction: Schenectady Supreme Court, New York - Defendant Fives Giddings & Lewis were sued in New York by plaintiff McCune, based on the allegation that their machinery exposed him to asbestos. Mr. McCune filed this...more
In Ezrasons, Inc. v. Rudd, 2025 NY Slip Op. 03008, 2025 N.Y. LEXIS 717 (N.Y. May 20, 2025), the New York Court of Appeals reaffirmed the fundamental and controlling nature of the internal affairs doctrine as it relates to the...more
A claim for fraud requires “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” In First Trinity Life Ins. Co. v. Advance Funding...more
On May 20, 2025, the New York Court of Appeals affirmed the dismissal of a derivative action asserting claims for breach of fiduciary duty against officers and directors of a corporation incorporated under the laws of England...more
Today’s article relates to a decision in a mortgage foreclosure action that combines numerous concepts about which we have previously written....more
Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court....more
A recent decision by the United States District Court for the Northern District of New York (the “Court”) concluded that a federal court cannot prevent a state court foreclosure pursuant to the abstention doctrine set out by...more
In 2025, get ready for a whirlwind of updates across the state. From personal jurisdiction to discovery and beyond, some recent cases are shifting the landscape in New York. Read below to find out what happened and learn the...more
In Cargill Financial Services Int’l, Inc. v. Barshchovskiy (S.D.N.Y. Feb. 18, 2025), the U.S. District Court for the Southern District of New York clarified that recognition of a foreign monetary judgment by a New York court...more
Court: Supreme Court, Appellate Division, First Department (NY) - In this asbestos action, plaintiffs allege that decedent, John Beagan, was exposed to asbestos-containing products while in work areas of New York car...more
As previously described in a Jan. 12, 2024 legal alert and a July 12, 2024 legal alert, the New York State Department of Environmental Conservation (DEC) promulgated amendments to freshwater wetlands regulations, changing 6...more
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
On December 4, 2024, the United States District Court for the Western District of New York, as a matter of first impression, denied pro se plaintiff’s motion to remand claims against a national bank for violations of the...more
“Three hours of sleep again last night. Three hours of sleep because of that dog!” The foible of being an attorney is not being able to enjoy television without noticing every liability, crime, and actionable conduct of...more
The New York Voting Rights Act‘s (NYVRA) preclearance section takes effect on September 22, 2024. The new rule requires covered jurisdictions to seek “preclearance” of certain covered policy changes to their election and...more
Public hearing dates have been set to discuss the January 1, 2025, rule changes affecting freshwater wetlands jurisdiction and classification in New York. The hearings will be held virtually on WebEx at 1:00 p.m. and 6:00...more
On May 23, 2024, the New York Court of Appeals reversed the dismissal of breach of fiduciary duty claims brought by former shareholders of a fantasy sports company (the “Company”) against its directors and other defendants...more