President-Elect Kathleen Sweet is focusing on supporting the New York State Bar Association’s new president and developing a framework for the association’s future success. “I initially want to support Domenick Napoletano and his presidency while down the road my focus will be on serving our membership so we may continue to retain them while attracting … Continued
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
Introduction Our spring column discussed the Jan. 1, 2024 amendment to CPLR 2106 allowing “any person,” regardless of where they are located, to use an affirmation in lieu of an affidavit. We reviewed the history of CPLR 2106, and the various amendments to the provision since the 1963 enactment of the statute. However, given the … Continued
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
Chief Administrative Judge Joseph Zayas approved the changes to the rules for preliminary conferences in response to a joint proposal developed by the New York State and New York City Bar Associations to amend Uniform Rule 202.12. The new rules are effective May 20, 2024. The new rules are intended to provide guidance for litigants … Continued
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
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
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
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
Introduction With the rise of remote work since the COVID-19 outbreak, courts will be asked to grapple anew with a perennial question: whether state and local antidiscrimination laws apply to workers who are not physically present in the jurisdiction. In New York and New Jersey, the courts have taken different approaches to this important threshold … Continued