A recent decision by the Appellate Division of New York on the question of collateral sources of medical expenses highlights some issues that have arisen in the wake of the Affordable Care Act. One issue is the subsequent policy of not enforcing the original rule of requiring everyone to be enrolled in a health insurance … Continued
Good morning. Before we begin – I want to take a moment to share some thoughts about our colleague Ariel Weinstock. Ariel passed this summer following a tragic car accident during our June 2023 House of Delegates Meeting in Cooperstown. It was Ariel’s first House Meeting as he was just beginning to share his time … Continued
The New York State Bar Association is working with the Commercial Division Advisory Council to provide economic benefits to NYSBA members and the State of New York. NYSBA President Domenick Napoletano discusses these joint efforts. Are there any precedents for NYSBA’s current efforts to persuade businesses to litigate their disputes in New York? NYSBA has … Continued
In this digital age, the issue of electronic wills has become a topic of much discussion. In re Estate of Horton, a 2018 case decided by the Michigan Court of Appeals, is interesting not only because it involves the validity of an electronic will, but also because it involves the application of the harmless error … Continued
The launch of our new membership model is among the most exciting and significant initiatives that the New York State Bar Association has undertaken in its nearly 150-year history. I can’t help but be excited about this because it will allow me to do my job more efficiently by providing me with an abundance of … Continued
In courtroom proceedings, the mastery of legal procedures related to cross-examination and evidence admissibility is crucial, as they can pivotally influence the proceeding’s outcome. Attorneys face the complex challenge of adapting to the specific rules of the jurisdiction in which they are litigating. The scope of cross-examination, for instance, varies by jurisdiction, dictating how an … Continued
October 11th is National Coming Out Day, an annual observance that supports living authentically and raises awareness of the LGBTQ+ community and its fight for equal rights. This day of awareness provides an opportunity to look back at how the New York State Bar Association has helped advance LGBTQ+ rights in New York and beyond. … Continued
The Internet of Things, commonly referred to as IoT, has rapidly evolved from a futuristic concept to an omnipresent reality, revolutionizing how we interact with our environment and conduct business. For commercial litigators and transactional attorneys, understanding IoT is no longer optional – it’s becoming essential to effective legal practice. From smart thermostats and lighting … Continued
Whenever someone asks me why I have been a member of NYSBA for 25 years, I have a one-word reply: “Sections.” Joining a section is a great way to meet lawyers who practice in the same field as you or who share your interests. NYSBA has 28 of them, and if you are a member … Continued
The New York Supreme Court decision in Oasis Investments II Master Fund Ltd. v. Mo (the Fang Holdings Case)[1] sets a precedent for New York courts to establish personal jurisdiction over foreign companies that exploit New York markets to defraud investors. This ruling opens new avenues for litigation, empowering the state to hold alleged wrongdoers … Continued