October 20, 2025
The Daily Record: Avoiding the Ethical Pitfalls of Generative AI in the Practice of Law
by Ryan Lefkowitz
It is undisputed that technology has transformed the practice of law. Many attorneys remember when cases were looked up in books, not online legal databases. When briefs and pleadings were…
September 17, 2025
The Daily Record: Does the Hernandez Technology Decision Alter the Landscape for Restrictive Covenant Enforcement in New York?
by Steven Cole
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…
September 4, 2025
The Daily Record: QTIP Trusts and Tax Apportionment Clauses in Wills
by Mallory Smith
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…
July 21, 2025
The Daily Record: Pay-if-Paid Clauses are Generally Unenforceable
by Jack Cassidy
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…
July 2, 2025
The Daily Record: Fourth Department Deviates from First Department on Application of No Wage Theft Loophole Act
by Robert Yawman
The New York Labor Law (“NYLL”) grants employees the power to pursue unpaid wage claims against their employers. Despite the NYLL’s protection of earned wages, case law developed in which…
February 26, 2025
The Daily Record: Is the New York Correction Officer Strike “Illegal and Unlawful”?
by Ryan Lefkowitz
Originally published on The Daily Record on February 24, 2025 Currently, New York prison guards are on strike. Corrections officers at 25 of New York’s 42 prisons have not shown…
October 3, 2024
Daily Record: Ongoing or Future Payment Obligations May Survive Guaranty Expiration Clauses
by Ryan Lefkowitz
Expiration clauses in a guaranty are used to limit liability the guarantor can incur. They place a temporal limitation on what would otherwise be a guarantee of unlimited duration. As…
September 3, 2024
Analyzing Who is the Prevailing Party?
by Kelly Geary
For lawyers, a frequent question from their clients is: “Can I get my attorney’s fees?” Under the American rule, the typical answer is “No.” But certain contracts may contain “prevailing…
September 14, 2022
Advocate’s View: Appellate Courts Reject Commercial Tenant Attempts to Avoid Rent Obligations
by Robert Yawman
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…