New York Law Journal | Analysis
By Catherine Nyarady and Crystal Parker | March 12, 2024
An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming decision in 'LKQ v. GM Global Technology Operations' will be the first en banc decision the Federal Circuit has issued in a design patent case since 2008.
New York Law Journal | Analysis
By Jerry H. Goldfeder | March 12, 2024
While most Americans are focused upon trials and court rulings impacting the 2024 presidential election, this article takes a moment to review two significant New York-related developments. In both cases, the goal was to expand voting rights. As of now, one succeeded and one did not.
New York Law Journal | Analysis
By Karin Portlock and Brian Yeh | March 11, 2024
This article explores how recent precedent-setting victories in New York's Third Department have showcased the promise and impact of the Domestic Violence Survivors Justice Act and highlights the positive outcomes achieved for survivors and the legal implications of these victories. The authors "hope to shed light on the importance of this legislation and its potential to reform the criminal justice system's approach to domestic violence survivors in New York."
New York Law Journal | Analysis
By Erica F. Buckley | March 11, 2024
In this article, Erica F. Buckley recaps the 2022 amendments to the Martin Act and how they may apply to a situation where a husband and wife are looking to convert their building into a condominium.
New York Law Journal | Analysis
By Karen Hoffman-Lent and Kenneth Schwartz | March 11, 2024
The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.
New York Law Journal | Analysis
By Peter Brown | March 11, 2024
In his Technology Law column, Peter Brown discusses the European Union's General Data Protection Regulation and highlights how a hidden obligation under Article 27 is the requirement that non-EU businesses designate in writing a representative located in an EU country.
New York Law Journal | Analysis
By Deanna L. Koestel and Dominique Kilmartin | March 8, 2024
Attorneys often find themselves navigating the delicate balance between advocating for their clients' interests and upholding the integrity of the judicial system. The recent decision by the First Department in '13 E. 124 v. J&M Realty Services, et al.' sheds light on the risks and challenges associated with representing clients with potentially frivolous or nonviable claims.
New York Law Journal | Analysis
By Sharon Lee, Ching-Lee Fukuda and Halley Herbst | March 8, 2024
This article focuses on the split on the inevitable disclosure doctrine and recent developments indicating how New York is likely to come out on the issue.
New York Law Journal | Analysis
By Andrew Goldsmith | March 8, 2024
To promote commercial certainty and avoid a deluge of unnecessary litigation, it is important to have clear, easily applicable standards that govern when and whether tort claims duplicate contract claims impermissibly.
New York Law Journal | Analysis
By Michael B. Titowsky | March 8, 2024
In this article, Michael B. Titowsky focuses on Labor Law mediation. What are the best approaches to Labor Law mediations? How do we increase our chances of success? How do we respond to and hopefully move past impasses?
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