The New York State Department of Environmental Conservation has issued a series of regulations – both proposed and final – to implement the 2019 New York Climate Leadership and Community Protection Act, which sets ambitious goals to work towards economy-wide carbon neutrality for New York. This article examines two such regulations: revisions to the existing … Continued
The rapid growth of cross-border e-commerce has reshaped global trade, with the United States emerging as a key market. E-commerce, the fastest growing area in the global economy, has shortened the distance between buyers and sellers,[1] especially since the outbreak of COVID-19. However, this expansion has brought significant legal challenges, particularly in the realms of … Continued
Voluntary or Mandatory? An Oxymoron Reconsidered Should mediation remain entirely voluntary, or should legal systems require parties to try it before stepping into court? This debate lies at the center of modern dispute resolution policy all over the world. Those defending voluntariness tend to emphasize the value of party autonomy, arguing that people who freely … Continued
The gig economy has not merely disrupted the labor market; it has redefined its architecture. Platforms such as Uber, Lyft, and DoorDash now mediate vast swaths of economic activity, reconfiguring the relationship between labor and capital through algorithmic control, dynamic pricing, and the offloading of risk. During the COVID-19 pandemic, gig workers were cast as … Continued
Pre-mortem probate is the statutory process of validating a will while the testator is alive. One significant advantage to pre-mortem probate is the certainty it provides regarding the testator’s intent. Who better to tell us what he or she wanted than the testator? In other words, the Spice Girls were onto something, as pre-mortem probate … Continued
It was not happenstance that Susan Golden, chair of the Real Property Law Section, carved out time for an interview the day after the section’s successful summer meeting at Crystal Springs Resort in New Jersey concluded. After all, she has a full agenda to address in the next 11 months. “The program was terrific. It … Continued
As of Jan. 1, New York State became the first state to offer paid time off for employees to receive prenatal care. While the paid prenatal leave law fills an important gap in New York’s legal framework, it may raise some concerns relating to employee privacy. This article discusses New York State’s paid prenatal leave, … Continued
To the Forum: I am a senior associate at Jones & Smith, a 30-lawyer firm on Long Island. One of the two founding partners, Tom Smith, came to me yesterday with astonishing news: he had just told his co-founder, Elbert Jones, that he (Tom) was leaving to go to a rival firm, Young & Zachary. … Continued
Long-sought U.S. federal regulations around cryptocurrencies have come together which should ease the tension in the digital marketplace. The federal administration has initiated a more friendly approach than previous administrations to federal regulation by establishing a working group on digital assets and encouraging a more flexible approach to regulation. In addition, three bills passed through … Continued
Abigail Levy, the new chair of the Labor and Employment Law Section, said that her aim is to strengthen the section by gaining members and reorganizing. “Our goal is to expand our membership by reengaging some members who had been involved in the past and may have stepped away during the pandemic. We also want … Continued