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From the jobsite to the shop floor: New York’s expansion of prevailing wage coverage | Advocate’s View
Commentary: For contractors, subcontractors, and fabricators that have long relied on off‑site manufacturing to manage labor costs, scheduling, and staffing, the amendment represents a fundamental shift in risk allocation and project pricing.
Avoiding the ethical pitfalls of generative AI in the practice of law
The legal profession is seeing the latest technological shift happen now, as artificial intelligence – specifically generative artificial intelligence – is slowly integrated into the profession.
Does the Hernandez Technology decision alter the landscape for restrictive covenant enforcement in New York?
The Fourth Department of New York’s Appellate Division recently issued a decision that included a ruling on the enforceability of restrictive covenants in employment agreements, as one of several issues addressed on appeal.
QTIP trusts and tax apportionment clauses in wills
With the prevalence of blended families, a common concern among spouses is providing for a surviving spouse while still protecting the children from a prior marriage. One solution to this […]
‘Pay-if-paid’ clauses are generally unenforceable | Advocate’s View
Contracts, by their nature, often involve shifting risk from one party to another. Most of the time, provisions that shift risk are legal and bargained for as part of an agreement.
Fourth Department deviates from First Department on application of Loophole Act
The New York Labor Law (NYLL) grants employees the power to pursue unpaid wage claims against their employers.
Is the New York correction officer strike “illegal and unlawful”?
Currently, New York prison guards are on strike. Corrections officers at 25 of New York’s 42 prisons have not shown up for shifts. Governor Hochul has referred to the strike as “illegal and unlawful,” and indicated she is looking into legal recourse.
Ongoing or future payment obligations may survive guaranty expiration clauses | Advocate’s View
Expiration clauses in a guaranty are used to limit liability the guarantor can incur.
Analyzing who is the prevailing party | Advocate’s View
For lawyers, a frequent question from their clients is: “Can I get my attorney’s fees?”
New York State increases potential liability of commercial landlords based on illegal activities of tenants
Longstanding New York law prohibits the use of leased premises for illegal purposes. As discussed below, the habitual use of a leased premises for an illegal trade voids a lease, and a landlord is permitted to initiate eviction proceedings to address such use.
Bringing timely claims for breaches of sales and service contracts
Practitioners bringing claims for breach of contract must overcome the initial hurdle of a timely claim.
Advocate’s View: Appellate courts reject commercial tenant attempts to avoid rent obligations
During the COVID outbreak in 2020, New York and several other states issued restrictions on in-person business operations in an attempt to reduce the spread of the virus. These measures […]
Case Digests
- Fourth Department – Burglary: People v. Mitchell
- Court of Appeals – Suppression: People v. Palacios
- Fourth Department – Termination of parental rights: Matter of Jonah M.
- Fourth Department – Reformation of lease: Laun v. Stewart
- Fourth Department – Medical malpractice: Hutchins v. Mestad
- Fourth Department – Peremptory challenges: People v. Jones
- Fourth Department – Assault and imprisonment: People v. Heffernan
- Second Circuit – Miranda: United States v. Pence
- Fourth Department – Relation-back doctrine: Hagerty v. Klein
- Fourth Department – CPL 440 motion: People v. Dennis
- Second Circuit – Seizure of property: Campbell v. Broome County
Law News
- Clients reimbursed $7.6M for lawyers’ wrongdoing in NY
- NY Court of Appeals reverses convictions on speedy trial grounds
- NY Court of appeals reverses arson conviction over illegal arrest
- NY judicial watchdog recommends removing judge
- Judge dismisses traffic tickets and criticizes lower court personnel
- Ithaca woman gets prison time for fatal crash that killed Millport man
- UPS claims NY fees and penalties are unconstitutional
- NY Court of Appeals to review judge’s potential ouster
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