Writing
Articles
Notes on the law that comes up in my cases, written for workers and for the lawyers who refer them.
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The Machine Is Not a Third Party: AI and Attorney-Client Privilege
For lawyers. Why the bar’s AI-privilege panic fails its own test: the Gmail test, what Heppner actually held, the courts already drawing the line, and a better rule.
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The Confidentiality Clause in Your Severance Agreement May Not Mean What It Says
New York limits what an employer can ask you to keep quiet about, and a few common lines can void the whole release. Here is what to look for before you sign.
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NY Severance Rules Persist Despite McLaren Macomb Threat (Law360)
Published in Law360. Even if the NLRB overrules McLaren Macomb, New York law still limits what a severance agreement can make an employee keep quiet about.
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Can an AI Hiring Tool Discriminate Against You? What New York Law Says
Employers increasingly let software decide who gets an interview. The software is not exempt from the discrimination laws, and in New York the rules are stronger than the federal ones.
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Rent Overcharge Fraud After Burrows: Why Tenants Are Stronger Together
New York’s highest court made it easier for tenants to get past the four-year limit on overcharge claims. The cases that benefit most involve a whole building, not one apartment.
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What a Severance Agreement Is Really Asking You to Give Up
The money is only half the deal. The other half is every claim you have, and almost nobody tells you what that half is worth.
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The Right to Counsel Nobody Was Deciding
New York law says a homeowner who shows up to a foreclosure conference without a lawyer has asked the court for one. In Brooklyn, those requests were not being decided. Here is how that changed.
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When the Paychecks Bounce: What New York Workers Can Do When an Employer Collapses
A company that stops paying and then shuts its doors does not make its workers’ claims disappear. Three sets of laws, and sometimes the owners themselves, stand behind the wages.