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Author Archives: Laura Myers

Trials and Tribulations: Will paid surrogacy become legal in New York state?

Laura Myers

Currently, the only states in the U.S. that do not allow surrogacy in any form are New York and Michigan. Paid surrogacy in New York is currently punishable with a fine and unpaid surrogacy agreements are unenforceable. Legislation incorporated into ...

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Trials and Tribulations: Child Victims Act lawsuits reject pre-action discovery, but allow jurisdiction over alleged perpetrator

Laura Myers

Two recent New York State Supreme Court cases have already begun to address the many uncertainties that will need to be resolved when the Child Victims Act officially goes into effect on Aug. 14, 2019. The first lawsuit, titled Estate ...

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Trials and Tribulations: New York State’s Certified Minority and Woman-Owned Business Enterprise (MWBE) Program

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New York State has certified thousands of minority- and women-owned business enterprises (MWBEs) since the certification program began in 1988. The major benefits for New York businesses that become certified as minority- or women-owned are contract opportunities with various state ...

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Trials and Tribulations: Mediation: the alternative dispute resolution that every party should consider

Laura Myers

While most lawyers agree there are both benefits and potential pitfalls to certain types of alternative dispute resolution (ADR) such as arbitration, most would argue there is really no downside to engaging in mediation at the outset of a lawsuit. ...

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Trials and Tribulations: NLRB’s New Standard for Legality of Employer Handbook Policies

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On Dec. 14, 2017, the National Labor Relations Board (“NLRB” or “Board”) created a new test for evaluating whether an employer’s facially neutral policy, rule or handbook would interfere with an employee’s rights pursuant to the National Labor Relations Act ...

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Trials and Tribulations: Ban of mandatory arbitration clauses opens door to class action lawsuits

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) passed a rule banning mandatory arbitration clauses in consumer banking and lending contracts. These arbitration provisions, also known as class action waivers, have the effect of preventing consumers from filing ...

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Trials & Tribulations: Court of Appeals upholds decision denying NYC qualified immunity

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On Dec. 22, the Court of Appeals upheld the trial court and Second Department, Appellate Division’s decisions, finding New York City liable in negligence for failing to adequately study and correct a documented speeding problem on a city street, which ...

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