New York Law Journal | Analysis
By Gregg L. Weiner, Andrew S. Todres and Mohammed S. Hassan | April 5, 2024
This article explores the evolving contours of the implied covenant, as applied to discretionary contractual rights, and offers practical guidance for decision makers and counterparties to consider when dealing with contractual discretion.
New York Law Journal | Analysis
By Valerie Cohen and Sophia Porotsky | April 5, 2024
Artificial intelligence has proliferated the health care sector, sparking litigation and increased regulatory activity. This article analyzes the impact of AI in health care and regulatory agencies' efforts to keep up—all against the backdrop of a potentially weakened 'Chevron' deference framework.
New York Law Journal | Analysis
By Jeane A. Thomas, S. Starling Marshall and Justin D. Kingsolver | March 29, 2024
The DOJ and FTC issued a rare joint announcement warning of increasing consequences for parties that fail to properly preserve and produce ephemeral messages in response to antitrust investigations. These messages will be included in their standard preservation letters and specifications for all second requests, voluntary access letters and compulsory legal process.
New York Law Journal | Analysis
By Michael S. Feldberg and Laura Carwile | March 29, 2024
In 2019, two former Deutsche Bank traders were convicted of wire fraud and conspiracy charges, which the Second Circuit later reversed. This case highlights two alarming trends: the DOJ outsourcing criminal investigations to private law firms and targeted institutions placing the blame for alleged wrongdoing on low-level employees to avoid more serious criminal consequences themselves.
New York Law Journal | Analysis
By Christian Everdell and Marvin Lowenthal | March 29, 2024
In recent public comments, Deputy Attorney General Lisa Monaco identified the emerging threat posed by AI as a top enforcement priority and announced that the DOJ will begin targeting crimes "made significantly more dangerous by the misuse of AI."
New York Law Journal | Analysis
By Paul Tuchmann and Hannah Blonshteyn | March 29, 2024
Two newer kinds of markets—the market for non-fungible tokens (NFTs) and the secondary market for sports and entertainment event tickets—have offered criminals new possibilities for laundering dirty money. And so far, the law has not kept up.
New York Law Journal | Analysis
By Adrienne D. Gurley, Matthew T. Murphy and Brandon Wong | March 29, 2024
The SEC is now at trial in an enforcement action against former biopharma executive Matthew Panuwat related to "shadow trading" activities. The trial will not only be the first major test of the SEC's "shadow trading" legal theory before a jury, but will also have significant ramifications for in-house counsel and compliance teams on how to train their employees on trading practices.
New York Law Journal | Analysis
By Matthew Sullivan and Tina Milburn | March 29, 2024
In recent years, the DOJ has taken steps to incentivize disclosure of potential wrongdoing by companies and individuals. In light of new incentives for individual whistleblowers and the evolving expectations of enforcement officials, the stakes are high for in-house counsel and compliance officers to quickly assess the potential benefits and risks of making a voluntary self-disclosure.
New York Law Journal | Analysis
By Derrick Carman | March 22, 2024
The recent case of 'In re Cellect' serves as a warning to patent owners who rely too heavily on the USPTO to completely and accurately examine their patent applications. This article presents patent owners with several options to consider to avoid a fate similar to Cellect.
New York Law Journal | Analysis
By Ian G. DiBernardo and Brandi Howard | March 22, 2024
Whether a provider or a consumer of data and AI services, companies must think through intellectual property and related contractual risks—both retrospectively, in terms of legacy customer agreements and prospectively, in terms of reworking them.
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