In a rare unanimous opinion in Morgan v. Sundance, Inc.,1 decided May 23, 2022, the Court took a very significant turn away from a half century of its own doctrine. This surprising detour has not been widely commented upon. Most of the commentary on the case focuses—not surprisingly—on the Morgan holding that waiver of a contractual right to arbitration … Continued

An injured worker who filed a claim for New York Workers’ Compensation benefits is entitled to treatment by a physician of their choice, so long as the physician is licensed to practice in New York, and was authorized to do so by the chair of the New York Workers’ Compensation Board. A physician may be … Continued

Prevalence of Alcohol Misuse in Custody Cases It is estimated that 10% of children live with a parent who abuses alcohol. According to the American Academy of Child and Adolescent Psychiatry (AACAP), one in five adult Americans grew up in homes with some degree of substance abuse.1 Furthermore, the National Center for Biotechnology Information (NCBI) conducted … Continued

As powers of attorney have become more easily accessible, there has been an increase in their misuse, paving the way for an increase in special proceedings being commenced under General Obligations Law (GOL) § 5-1510 as well as an increase in Mental Hygiene Law Article 81 Guardianship litigation in this area. This article will explore the … Continued

We are a collegial, respectful and interesting group comprised of lawyers throughout the state who strive to meet, every day, the needs of a broad and diverse group of clients who bring to us issues and matters of concern. Come and join us! The Section is a resource that provides practice information, access to a … Continued

Spring is here and as the sun gets brighter and sets later in the day, we hope the content and articles in this issue are a bright and insightful source of light for our valued General Practice Section members. This issue, we, the co-editors of One on One are glad to offer you the following informative and … Continued

Overview The Hague Conference on Private International Law adopted the Hague Convention in 1980 “[t]o address the problem of international child abductions during domestic disputes.”1 It was ratified by the United States Congress in 1988 as the International Child Abduction Remedies Act, 22 U.S.C. § 9001.2 This law governs child abduction and has been applied by United … Continued

In 2021, many working parents struggled with challenges resulting from the new reality of remote work. Due to the pandemic outbreak in March 2020 (and continuing into 2022), offices shut down and as a result, employees began working from home. More than a year later, offices remained closed and many parents were still working remotely … Continued

When attorneys hear the words “focus groups” they immediately associate it with big cases that can afford expending significant money on them. This is a major misconception. The reality is that focus groups can be done in a cost-efficient manner, even for lower value cases. In fact, our firm routinely runs focus groups on cases … Continued

Note: These and other opinions are available on the NYSBA website at NYSBA.ORG/ETHICS. Opinion 1246 (11/16/2022) Topic: Partnership with non-U.S. lawyer; partner who is also a member of a firm with non-lawyer ownership or management; whether business management and strategy may be the practice of law; affiliation of law firms; co-naming of law firms; billing for … Continued