Author: David

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

New York State Bar Association Commends Legislature for Passing Death Gamble Bill

New York State Bar Association President Kathleen Sweet issued the following statement in response to the Legislature passing S5083(Sepulveda)/A5898(Tapia), which is known as the Death Gamble bill: “By passing this bill, the Legislature has reaffirmed its commitment to equity in our public retirement system. The legislation offers judges who are still serving the ability to … Continued

Tools of the Trade for Young Lawyers

Meeting rising client expectations does not have to entirely depend on AI software and complex practice management systems. They have their place, but more mundane items including Microsoft Word and popular billing software can also streamline an attorney’s workflow. A recent continuing legal education program geared toward law students focused on the array of available … Continued