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Author: David

Cutbacks in Federal Support for Social Services Will Only Worsen the Homelessness Situation in New York

In January, the New York State Bar Association’s House of Delegates and its Executive Committee approved the Report and Recommendations of the New York State Bar Association’s Task Force on Homelessness and the Law.[1] While the report described in detail the scope of this tragic situation and offered multiple policy recommendations that could result in … Continued

Working Remotely: Reasonable Accommodation or Mere Convenience?

During and since the COVID-19 pandemic, employees have performed their jobs remotely to an extent never before seen. As a result, a controversy over whether employees can carry out their responsibilities as well from home as in the office or other work site has been simmering. Employers’ experiences with remote work to date certainly suggest … Continued

Burden of Proof: Liberation Day

Most of you recall that President Trump declared April 2 “Liberation Day.” Tremendous amounts of ink have been spilled predicting the impact changes to tariff rules will have on our day-to-day lives. With the 4th of July just passed, it is unclear to us what the impact will be, though David just ordered 30 toys … Continued

Without Cause, But Within Reason: The Intersection of Contract Law and CPLR Article 78

When private vendors bid for government work, their contracts usually include a standard clause for termination “without cause” or “for convenience” by the agency. This clause is not negotiated, but rather compelled and usually set forth in standard appendices. The power of termination enables governments to act flexibly, responding to budgetary or funding issues or … Continued

Impact of The HALT Act on Solitary Confinement in New York State

On Feb. 17, New York State corrections officers went on an unauthorized strike and demanded safer working conditions. One of their complaints was that the rules around solitary confinement, which went into effect in 2022, created dangerous conditions and prevented them from being able to adequately do their jobs. This article will examine the passage … Continued

Attorney Grievances: The Fight for Confidentiality

New York Judiciary Law Section 90(10) mandates that all disciplinary proceedings be closed to the public unless and until public discipline is imposed. This longstanding policy of confidentiality for disciplinary proceedings and documents, rooted in the history of New York’s bar, limits the reputational harm to attorneys subjected to unfounded complaints, promotes trust in the … Continued

Copyright Law in the Age of AI: Navigating Authorship, Infringement, and Creative Rights

Introduction In April 2023, music streaming platforms witnessed an unprecedented phenomenon: a song titled “Heart on My Sleeve” went viral, seemingly featuring a collaboration between superstars Drake and The Weeknd.[1] The track amassed millions of plays before listeners discovered the shocking truth that neither artist had participated in its creation. Instead, an anonymous producer known … Continued

Monumental Ruling Still Leaves Questions About Student-Athlete Compensation

The landscape of college athletics continues to change at an unprecedented rate. Name, image and likeness has opened the flow of compensation to student-athletes at all levels. Up until recently, payments for NIL have only been allowed through entities not associated with a university. However, a new era emerged on June 6 when Judge Claudia … Continued