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Expert Opinion

NY’s in-state office requirement is on its last legs

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For years now, New York has steadfastly resisted the realities of practicing law in the 21st century by requiring non-resident lawyers to have an office in the state. This despite the fact that rapid technological advancements over the past decade ...

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Federal District Court judge rules on discoverability of Fitbit data

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These days, technology is inexorably intertwined with our daily lives. We interact with others online for both business and social purposes. We carry mobile phones with us everywhere we go. We use cloud-based software so that we can access our ...

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New door opens to federal courts

The Second Circuit has radically expanded the types of matters which can be litigated in the federal courts. It is now clear that individuals who suffer an injury due to another’s violation of a state statute can seek federal courts. ...

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Real Estate Law: New York adopts much-needed COVID-19 Emergency Rental Assistance Program of 2021

Ninteretse Jean Pierre

On April 16, Gov. Andrew Cuomo signed into law the COVID-19 Emergency Rental Assistance Program of 2021 (the “Program”), which extends rental and utility assistance to low-income and moderate-income New York residents affected by the COVID-19 pandemic and at risk ...

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Civil Litigation: Are vaccine mandates legal?

Ramsey

Life is finally beginning to feel a bit more normal as our long journey out of the pandemic is hopefully nearing an end. Just last week, Gov. Andrew Cuomo adopted the CDC recommendations regarding masks, and lifted many of the ...

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Are legal professionals ready to return to the office?

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Now that mask mandates are being lifted across the country, the return to in-office work seems inevitable. However, anxiety about COVID-19 remains high due to the absence of consistent universal protocols and less-than-ideal vaccine rates, especially among children, many of ...

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Advocate’s View: 4th Department provides clarity on avoiding civil liability under Lien Law by restoring diverted trust funds

Richard T. Bell, Jr.

Codified in 1959, Article 3-a of the Lien Law (Lien Law §§70-79a) provides very stringent trust provisions related to certain funds on construction projects. For those not familiar with its terms, project “owners” are required to hold in trust all ...

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