New York Law Journal


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Diving Into the Deep End: N.Y. Courts Tackle Tip Pooling

Gregory Lahr and Ryan C. Chapoteau of Sedgwick in New York write: Prior to the broad interpretation of labor laws in New York, restaurants claiming not to be liable for their mandatory tip pools still settled for millions of dollars with class action plaintiffs in order to avoid litigation. Cases such as 'Juhani,' however, indicate that employers may now feel more comfortable defending their actions.

Property Insurance Issues Linger at Sandy's One-Year Mark

Joseph D. Jean and Matthew D. Stockwell of Pillsbury Winthrop Shaw Pittman write: As the one-year anniversary of the Superstorm Sandy has just passed, businesses and communities are still struggling with their insurers while trying to get back on their feet. There are some key issues that policyholders affected by Sandy need to consider as this one-year juncture.

Ground Leases and Value-Based Rent Resets: An Alternate Reality

Mary E. Flynn and Brett Dockwell of Morrison Cohen write: A variety of factors can affect the valuation of land, making it difficult to predict how the language of a ground lease will affect the parties' bargain in future decades. A litigator involved in a rent reset dispute must carefully analyze the lease and the various restrictions placed upon the use of the land to determine how these factors may affect the value of the land in dispute.

Defending Electronic Searches and Seizures

Maranda Fritz and James Roberts of Thompson Hine in New York write: The seizure of electronically stored information (ESI) can wreak havoc with Fourth Amendment concepts: ESI is enticingly portable, easily replicated, gargantuan in volume, and often commingled and disorganized. A nascent body of case law exists to support counsel's effort to effectively counter the impact of these seizures, but it requires counsel's determined and at times innovative use of Fourth Amendment principles to embed those critical concepts of privacy and protection into the new digital landscape.

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