Author: David

Amendments Adopted To Advertising Rules

Effective June 1, the Presiding Justices of the four Departments of the Appellate Division adopted amendments to the advertising rules of the New York Rules of Professional Conduct. The new rules essentially adopt the advertising rules and comments promulgated in 2018 by the American Bar Association as Rules 7.1 and 7.3 and eliminate Rule 7.4 … Continued

Amendments To Rule 1.16 of the Rules of Professional Conduct on Accepting and Withdrawing From Representation

Effective July 1, the Presiding Justices of the four Departments of the Appellate Division adopted amendments to Rule 1.16 of the New York Rules of Professional Conduct. Importantly, the amendments impose on lawyers a duty of inquiry and risk assessment regarding the propriety of each representation, which is designed to identify potential illegal conduct by … Continued

Governance After the Headline: What Higher Education Boards Need To Know

Periods of legal change in higher education often arrive with dramatic punctuation: a court decision, a regulatory announcement or a legislative intervention. In the immediate aftermath, governing boards frequently focus on whether institutional policies comply with the new rule or guidance. Once those adjustments are approved, many trustees assume that the principal legal risk has … Continued

Avoiding Frivolous Lawsuits: What Every Attorney Should Know

Frivolous lawsuits have serious consequences. They waste a judge’s time, burden court resources and make parties with legitimate cases wait for their day in court. The legal community is well aware of these consequences, and New York’s Rules of Professional Conduct warn attorneys not to engage in misconduct. The courts have taken steps too: Judges … Continued

The Global Healthcare Divorce: How US and EU Reforms Are Reshaping the Structure of Life Sciences Companies

The life sciences industry is at a turning point. For years, healthcare regulation has focused on issues such as drug pricing, reimbursement disputes, fraud enforcement and compliance failures. Lately, it feels as though something larger is happening underneath the surface. In both the United States and the European Union, regulators are beginning to question not … Continued

How To Avoid an AI Horror Story: Verify, Verify, Verify

Artificial intelligence, like many other forms of technological advancements over the years, has been rapidly adopted by attorneys and courts all over the world, and it is here to stay. By now, we have likely all read about horror stories – hallucinated case citations, incorrectly summarized case decisions, misinterpreted case holdings, cybersecurity risks and ethical … Continued

AI and the Courts: New Frontiers in Legal Writing and Research for New York Judges and Litigators

When America’s Founding Fathers drafted the Constitution, today’s technology was inconceivable. One example is artificial intelligence machines that decide, predict, and recommend.[1] Generative AI is what online legal research was decades ago: a favorite target of critics, but a tool that could revolutionize legal work.[2] ChatGPT’s November 2022 debut transformed legal operations. Generative AI has … Continued

Due Process and Temporary Orders of Protection: <em>Crawford v. Ally </em>and the Balance of Rights

Created as a prerogative of the English aristocracy against kingly tyranny through the issuance of the Magna Carta in 1215, the idea of due process, or procedural and substantive protection against deprivations of life, liberty and property, slowly expanded throughout the ensuing centuries to encompass ordinary citizens in the British Isles. The principle became transferred … Continued

Labor and Employment Law Section Chair Wants To Cultivate Future Leaders

Community and cultivate are two of Labor and Employment Law Section Chair Iyana Titus’ favorite words. That helps explain why nurturing new leaders and developing a more diverse section membership are among her goals for the upcoming year. To direct young attorneys toward New York State Bar Association leadership requires a multi-prong approach, she said. … Continued