As attorneys gain familiarity with the Appellate Division’s new rules, they should be aware of certain key e-filing provisions to ensure the clerk will accept their papers and they will not miss their opponents’ filings. This article addresses common e-filing ...
Read More »Advocate’s View: Foster care case may affect challenges to COVID restrictions
A little over a month ago, the United States Supreme Court heard oral argument in Fulton v. City of Philadelphia. Fulton challenges a decision by the city of Philadelphia to stop referring foster-care cases to a Catholic foster-care association because ...
Read More »Advocate’s View: Commercial litigator’s legal lexicon: The power of the word ‘notwithstanding’
Every once in a while, the Court of Appeals gifts the commercial litigator with an opinion that includes a useful discussion about the meaning and significance of a familiar and routinely used contract term. The most recent gift was the ...
Read More »Advocate’s View: It’s (the) Zoom where it happens — what you need to know
It’s March 2020, and at first, I thought — we all thought — mediations will have to be put on hold until we can do them “in person.” However, it quickly became apparent that doing anything in person would involve ...
Read More »Advocate’s View: Navigating the status of evictions in New York State
As a result of the pandemic, New York protected both commercial and residential tenants from eviction. Eviction proceedings have been paused and modified for nearly six months because of Executive Orders, legislation, and judicial Administrative Orders. This article summarizes the ...
Read More »U.S. Supreme Court strengthens church autonomy doctrine
Last month, in Our Lady of Guadalupe School v. Morissey-Berru,[1] the United States Supreme Court decided two Catholic schools were exempt from employment discrimination claims from teachers they had terminated. This decision was a follow-up to the 2012 Hosanna-Tabor decision, ...
Read More »Advocate’s View: Top 5 COVID-19 issues for employers to consider in the summer of 2020
As we reach the three-month anniversary of the COVID-19 Pause requirements in New York State, this is the time for employers to conduct an audit of their policies to ensure compliance with new requirements. These are the top five COVID-19 ...
Read More »Advocate’s View: Re-opening construction: The new normal (for now)
During the early stages of the COVID-19 health crisis, certain construction work was deemed “essential” and was permitted to continue. The guidelines regarding what work was considered essential were not always crystal clear and resulted in a lot of confusion ...
Read More »Advocate’s View: The coronavirus and essential services
The events of the last few weeks bring to mind the curse, “May you live in interesting times.” The outbreak of COVID-19, and the resulting government action — shuttering large segments of our economy — has resulted in every business ...
Read More »Advocate’s View: Workforce diversity now mandatory for state construction contracts
Contractors doing business with New York state have become accustomed to their legal obligation to subcontract a percentage of the work to certified minority-owned businesses (MBE) and woman-owned businesses (WBE). So it was no surprise that the requirement was reauthorized ...
Read More »Advocate’s View: Second Circuit gives FLSA litigants a shortcut to settlement approval
In settling a Fair Labor Standards Act (“FLSA”) action, reaching an agreement between the parties has usually been just the first step. Before the parties file a stipulation of discontinuance under Federal Rule 41(a)(1)(A), the court or the Department of ...
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Read More »Advocate’s View: Ready or not: Workforce diversity now mandatory for state construction contracts
Contractors doing business with New York State have become accustomed to their legal obligation to subcontract a percentage of the work to certified minority-owned businesses (MBE) and woman-owned businesses (WBE). So it was no surprise that the requirement was reauthorized ...
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