Opinion 1278 (02/05/2025) Topic: Disclosure of prior relationship with witness. Digest: Under Rule 3.8(b), a prosecutor is required to timely disclose her past romantic relationship with a law enforcement officer in any case where the officer is to be a witness whose testimony could be subject to challenge. Rules 3.3(a)(1) and 3.4(a)(3) may also be … Continued
To better understand veteran clients, attorneys should learn more about military culture, including trauma. A recent Continuing Legal Education course, presented by the New York State Bar Association, discussed the experiences of servicemembers and veterans and how it can affect their interactions with the court system. Nancy Farrell, director of the Veterans Defense Program at … Continued
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Justice Mark Dillon of the New York State Supreme Court, Second Judicial Department, agreed to spend an hour discussing the New York bar examination with the co-chairs of NYSBA’s Committee on Legal Education and Admission To The Bar, Suzanne Darrow-Kleinhaus and David R. Marshall, who co-authored the feature article in the Fall 2024 issue of … Continued
CASE LAW DEVELOPMENTS Court of Appeals Holds That Punitive Damages Are Not an Available Remedy in a General Business Law § 349 Action Concurrence Believes Majority Embarked on “Gratuitous Ride” By Unnecessarily Addressing an Issue That Neither Party Offered “More Than a Glancing Analysis” In Hobish v. AXA Equit. Life Ins. Co., 2025 N.Y. Slip … Continued
A federal judge in the Eastern District of New York last week released a redacted version of her order declaring that government spying on a New York City resident by a domestic intelligence agency, based on its review of a National Security Agency database, without a warrant, was unconstitutional. Judge LaShann Moutique DeArcy Hall wrote … Continued
“The risk for nuclear war is higher than any time since the end of the Cold War.” That stark warning from Daryl Kimball, executive director of the Arms Control Association, kicked off the discussion at the recent conference, “Nuclear Weapons and International Law 2025: Nuclear Risks through a Legal Lens,” which was organized by the … Continued
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Lawyers practicing in the Health Care industry who represent healthcare companies and government agencies are embarking on a period of uncertainty following the U.S. Supreme Court decision, Loper Bright Enterprises v. Raimondo (603 U.S. 369 [2024]) (“Loper”). At the New York State Bar Association’s Annual Meeting, the Health Law and Food, Drug, and Cosmetics Sections … Continued
As of Jan. 29, 2025, the requirement to report beneficial ownership information to the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN) pursuant to the Corporate Transparency Act (CTA) is on hold and enforcement is stayed. The CTA was enacted in 2021 by Congress as part of the National Defense Authorization Act for Fiscal … Continued