Whether by pleading or contractual provisions, New York practitioners face the risk of surrendering a client’s right to a jury trial with unsettling ease. This article exposes these procedural snares by: first, introducing the statutory mechanism found in CPLR 4101 that is central to jury waiver by pleading and explores how merely asserting equitable or declaratory judgment claims can forfeit the right to a trial by jury; second, it surveys the enforceability of pre-dispute contractual jury waivers, highlighting New York’s willingness to extend such clauses beyond pure contract claims and juxtaposing that stance with less accommodating jurisdictions; and finally, it distills practical drafting and motion practice strategies designed to help practitioners preserve (or strategically eliminate) the jury right. By charting these intersecting doctrines – and the hidden pitfalls they create – this article aims to arm litigators and transactional lawyers alike with the vigilance necessary to avoid stumbling into an unintended waiver.
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Elizabeth Satarov, Meghan F. Hart
Headlines that Matter for Companies and Executives in Regulated Industries
On August 12, the Ninth Circuit in Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc. held that the Defend Trade Secrets Act (DTSA) does not require a plaintiff to identify its allegedly misappropriated trade secrets with particularity at the pleading stage because that is a question of fact meant for summary judgment or trial.
Angela M. Santos, Antonio J. Rivera, Megan Barnhill, Diana Dimitriuc Quaia, Leah Scarpelli, Christopher H. Skinner, Matthew Tuchband, James Kim*, Mario A. Torrico, Lucas A. Rock, Maya S. Cohen, Derek Ha, Tyler J. Kimberly, Andrew McArthur, Denny Peixoto, David Llorente
Welcome to the October 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.
Linda M. Jackson, Matthew F. Prewitt, Allan E. Anderson, Nicholas J. Nesgos, Alexander H. Spiegler, Meghan F. Hart, John M. Hindley, Nicole Curtis Martinez
Wu-Tang Clan produced a single physical copy of the album “Once Upon a Time in Shaolin,” which was never publicly released. In 2015, Martin Shkreli purchased the album.
The US District Court for the District of Massachusetts in Monteiro v. RAC Acceptance East, LLC issued an early federal interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which became law in March 2022.
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Mattie Bowden, Elizabeth Satarov
Headlines that Matter for Companies and Executives in Regulated Industries
E-Verify is a web-based federal program where employers verify identity and work authorization of employees. E-Verify is operated by the US Citizenship & Immigration Service (USCIS), which is within the US Department of Homeland Security (DHS).
On August 18, the US Court of Appeals for the Federal Circuit issued a significant decision in King v. United States, affirming that reductions in multiemployer pension benefits authorized by the Multiemployer Pension Reform Act of 2014 (MPRA) are not takings under the Fifth Amendment.
On September 30, the Internal Revenue Service (IRS) and US Department of Treasury released their 2025-2026 Priority Guidance Plan, outlining the topics they intend to prioritize for formal guidance in the upcoming fiscal year. The Plan addresses several topics that may impact tax-exempt organizations.
On September 26, the US Department of Commerce, through its Bureau of Industry and Security (BIS), announced the initiation of a new Section 232 investigation into “robotics and industrial machinery” and its parts and components.
Two recent dismissals in the per- and polyfluoroalkyl substances (PFAS) class action landscape expose a significant weakness in these claims.
The Bureau of Industry and Security (BIS) updated its Entity List FAQs, providing some additional guidance about the “Affiliates Rule” that came into effect on September 29.
On September 25, President Trump directed federal agencies to investigate and prosecute organizations and individuals that engage in “acts of political violence.”
The US Patent and Trademark Office (USPTO) has announced that it will permanently close the Rocky Mountain Regional Outreach Office in Denver, Colorado. This decision reflects the USPTO’s evolving approach to outreach, education, and examiner recruitment.
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Mattie Bowden, Rebekkah R.N. Stoeckler
Headlines that Matter for Companies and Executives in Regulated Industries
The District of Columbia Court of Appeals recently issued a significant tax opinion dealing with whether parties to a real estate transaction could avoid transfer and recordation taxes on a long-term ground lease by characterizing it as a “retained” interest in a deed, rather than as a separate transfer.
The Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Act of 2025, as amended, brings sweeping reforms to District housing laws.
On September 29, the Bureau of Industry and Security (BIS) issued an interim final rule that significantly expands end user controls under the Export Administration Regulations (EAR) by extending restrictions to foreign entities owned, directly or indirectly, 50% or more by one or more parties on specified lists of proscribed companies, including the Entity List.
A significant Patent Trial and Appeal Board (PTAB) decision authored by the US Patent and Trademark Office (USPTO) leadership, including the new USPTO Director John A. Squires, signals the importance of artificial intelligence (AI) innovations to the US economy and paves the way for patenting of AI and machine learning (ML) technologies.
Earlier this month, the US Department of Health and Human Services (HHS) and US Food and Drug Administration (FDA) announced a nationwide crackdown on direct-to-consumer (DTC) drug advertisements.
On September 19, President Trump signed a Proclamation imposing an additional $100,000 fee on the US entry of certain H-1B employees, effective September 21.
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Apeksha Vora, Rebekkah R.N. Stoeckler
Headlines that Matter for Companies and Executives in Regulated Industries
More than two years after the Integrity, Notification, and Fairness in Online Retail Marketplaces (INFORM) for Consumers Act took effect on June 27, 2023, the United States, on behalf of the Federal Trade Commission (FTC), brought the first enforcement action under the Act.
Linda M. Jackson, Matthew F. Prewitt, Allan E. Anderson, Nicholas J. Nesgos, Alexander H. Spiegler, Meghan F. Hart, John M. Hindley, Nicole Curtis Martinez
The plaintiff, John Snyder, worked for a life insurance company from December 2006 to August 2016.