New York Law Journal | Analysis
By Stephen M. Kramarsky | January 17, 2020
If millions of people are using a company's software, the company is happy—as long as it's getting paid. But if the company loses control of the product, it must take steps to defend its rights. And the first step in that playbook is often to go to court and seek to restrain unlawful use of the intellectual property. In his Intellectual Property column, Stephen M. Kramarsky discusses a recent New York Supreme Court case regarding exactly that situation. It is worth examining because it conducts the familiar preliminary injunction analysis in a somewhat unfamiliar way.
New York Law Journal | Analysis
By Jeffrey Alberts and Dustin N. Nofziger | January 7, 2020
Over the past few years, investor money has been flooding into cryptocurrency transmission businesses. Entrepreneurs and investors have been moving quickly to capture market share in this potentially massive market. However, it looks like some of those businesses have moved a little too quickly.
New York Law Journal | Analysis
By Matthew L. Levine | January 6, 2020
A number of traditional factors that animate decisions about enforcement point to a likelihood in the near term of an enforcement proceeding against one or more regulated entities for a violation of the DFS cybersecurity regulation, known as "Part 500."
Daily Business Review | Commentary
By Michael Hersh and Kimberly Wald | December 31, 2019
Now we're discussing the effects of "smart" technology and social media. While it has always influenced our profession, technological progress is having a greater impact now than ever before.
New York Law Journal | Analysis
By Devika Kewalramani and Peter Kimble | December 27, 2019
As the privilege doctrine is analyzed in future discovery disputes, Justice Rehnquist's observations in 'Upjohn' should be remembered, especially as technology's role in privilege analysis continues to grow.
By Mohib M. Qidwai | December 18, 2019
In an age when every facet of life is measurable, firms that want to survive and thrive must welcome a culture where metrics influence business and marketing strategy.
New York Law Journal | Analysis
By Shari Claire Lewis | December 16, 2019
Over the past month or so, the FTC took a number of notable privacy-related actions against a host of companies regarding what it considered to be their problematic online activities. Many states have passed or carried over a patchwork of privacy legislation for consideration in their next legislative session, including 25 pieces of privacy legislation that are pending in New York state alone. In her Internet Issues/Social Media column, Shari Claire Lewis discusses these recent developments.
By Aron Solomon | December 2, 2019
Attorneys who ignore Instagram do so not only at their own peril, they cede a comparative advantage to their competitors who are open to learning how to use this potent social tool.
New York Law Journal | Analysis
By Christopher Boehning and Daniel J. Toal | December 2, 2019
In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss the recent case of 'Herzig v. Ark. Found. for Med. Care', which addresses the issue of ephemeral messaging and spoliation. The court there found that the use of the ephemeral messaging app Signal was evidence of bad faith sufficient to warrant sanctions.
New York Law Journal | Analysis
By Janet Falk | November 15, 2019
Pro-actively marketing a practice may be a new experience for solo attorneys who previously benefited from the resources of a larger firm. In her Best Practices for Solo Practices column, Janet Falk discusses marketing activities that may be done from one's own computer.
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