Author: dalexander@nysba.org

The Ongoing Fight Against Antisemitism and Anti-Asian Hate: Legislative Developments

In July 2023, New York State Bar Association Immediate Past President Richard Lewis convened the association’s Task Force on Combating Antisemitism and Anti-Asian Hate. The mission was to study and make recommendations for the analysis and development of laws, policies and best practices to enhance education on, and awareness of, antisemitic and anti-Asian violence and … Continued

Image-Generative AI: Has Technology Evolved Beyond Modern-Day Fair Use?

Introduction Copyright is uniquely situated between the force of law and the pressure of an ever-evolving society. Since its inception, courts, legislators, and administrators have had to adjust and recontextualize copyright law to appropriately conform to new technologies and artforms. The latest technology to challenge this pillar of intellectual property law is generative artificial intelligence … Continued

Joint NYSBA and City Bar Proposal To Amend Preliminary Conference Rule Changes Approved by Chief Administrative Judge Joseph A. Zayas

Amendments to Uniform Rule 202.12, developed jointly by the New York State Bar Association and the New York City Bar Association, have been ordered by Chief Administrative Judge Joseph A. Zayas after approval by the Administrative Board of New York’s Unified Court System. The approved revisions relate to the rules for preliminary conferences. A joint … Continued

Nationally Recognized Leader in Professional Responsibility Nancy Moore To Be Honored With the Sanford D. Levy Award

Boston University School of Law Professor Nancy Moore will be honored with the Sanford D. Levy Professional Ethics Award from the New York State Bar Association’s Committee on Professional Ethics for her lifetime of work. She will be presented with the award during the committee’s hybrid meeting on Wednesday, May 15, at Sullivan & Cromwell … Continued

President Richard Lewis Delivers Remarks on Freedoms Shared by All Americans During Law Day Celebration at Court of Appeals

Good morning. It’s great to be here on behalf of the tens of thousands of New York State Bar Association members. I am honored to be among today’s distinguished guests including: Our Chief Judge Rowan Wilson Barbara Underwood, Solicitor General of New York, on behalf of Attorney General Tish James And First Deputy Chief Administrative … Continued

The Lurking Risk in Arbitrations of Producing – and Clawing Back – Privileged Documents

Sophisticated litigators have come to rely on court-ordered stipulations that allow them to claw back otherwise privileged materials that were inadvertently produced. There are cogent reasons why counsel in arbitrations should enter similar stipulations that create the presumption that privileged materials were produced inadvertently. While highlighting the benefits of such a stipulation, this article also … Continued

Deciding To Arbitrate After Consumer Disputes Arise

The Context On Sept. 13, 2023, nonprofit organizations and consumer law professors submitted a petition urging the Consumer Financial Protection Bureau to allow consumers to decide whether to arbitrate their consumer disputes after the dispute arises.[1] This is one more attempt by concerned consumer activists to end the practice that forces consumers to agree at … Continued