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With Mueller Report Done, It's up to William Barr to Decide How Much to Make Public

C. Ryan Barber | |Nate Robson |March 22, 2019

AG William Barr said in a memo to Congress: "I am reviewing the report and anticipate that I may be in a position to advise you of the special counsel's principal conclusions as soon as this weekend."
The Mueller Probe Proved to Be a Defining Moment for White-Collar Lawyers

Ryan Lovelace |March 22, 2019

The American public has become familiar with names such as Marc Kasowitz and Andrew Weissmann that were once known mainly among lawyers, prosecutors and general counsel. And attorneys who manage to successfully guide their clients through the probe could be in demand for the rest of their careers.
Proposal to Disclose NY Police Records Is Absent in Criminal Justice Talks

Dan M. Clark |March 22, 2019

That section of state law, which has been long-lambasted by defense attorneys and criminal justice advocates, shields the personnel records of police officers, firefighters and correction officers from public view.

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New York Law Journal| March 25, 2019

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News

Independent Medical Exam Observer Notes Are Privileged, Appeals Court Holds in Novel Ruling

Jason Grant | March 22, 2019

Writing that the IME observer-notes issue has been addressed by “the trial courts with varying results," a First Department, Appellate Division panel examined the issue in the context of a case in which a personal-injury plaintiff had moved to quash the defendants’ subpoena duces tecum seeking notes from a plaintiff-hired observer of an independent medical exam.
My House: What Rules? IP Implications of Augmented Reality Advertising

Stuart D. Levi and Miriam Furst| March 22, 2019

The intersection of real-world objects with digital images will test a number of legal doctrines.
Guidance on Enforcing and Defending Intellectual Property Rights on Amazon

Edward Weisz and Alanna Miller| March 22, 2019

As Amazon continues to grow and change the retail landscape, it is increasingly important for attorneys to have the tools to assist clients in navigating infringement issues on Amazon.
Alexa, Will I Be Able to Patent My Artificial Intelligence Technology This Year?

Jennifer Tempesta and Stephanie Kato| March 22, 2019

Considering the advances in AI technology and intellectual property law, how do these recent developments shape the outlook of AI patentability?
Seeking International Patent Infringement Damages in a Post-'WesternGeco' World

Tryn T. Stimart and Jean E. Dassie| March 22, 2019

The full implications of the Supreme Court’s 'WesternGeco' decision are still unclear. Nevertheless, as expected, multinational defendants are advocating for a narrow reading of the case, whereas patentee plaintiffs are advocating for an expansive reading.
Computer Generated Models: Intellectual Property and Advertising Risks

Jeffrey Greene, Vejay Lalla and Allyson Madrid| March 22, 2019

Virtual models and influencers may function as trademarks, as works of visual art, as likenesses of real people, or as combinations of all three, raising new issues of intellectual property ownership and protection and implicate right of publicity and/or privacy concerns. CGI models and advertisements featuring them could also be subject to regulatory scrutiny both at the federal and state levels.
The Uphill Battle: Challenging Bio-Pharma in IPRs

Debra Doby and Michael Siem| March 22, 2019

Since the Hatch-Waxman Act has been in effect, there has been an increase in the number of challenges to patents covering chemical compounds. With the advent of inter partes reviews, the expectation was that there would be an uptick in compound claims being found obvious due to the expertise of the Patent Trial and Appeal Board. That has not been the case. Instead, as outlined here, the exact opposite has happened.
Analysis

Civil Penalties for Insider Trading

Martin Flumenbaum and Brad S. Karp| March 22, 2019

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: Earlier this month, in 'S.E.C. v. Rajaratnam', the Second Circuit reviewed whether the penalty available in a civil insider trading action pursuant to Section 21A of the Securities Exchange Act of 1934 is limited to a defendant’s personal profits. In a unanimous opinion, the court held that such a penalty is not so limited, and can be based on profits gained by other individuals or entities as a result of a defendant’s insider trading violations. Against the backdrop of other recent developments, the Second Circuit’s discussion of the contours of Section 21A’s penalty provision represents an interesting extension of insider trading enforcement authority.
Analysis

Suits for Sexual Abuse: Deadlines and Statutes of Limitations

Ilann M. Maazel| March 22, 2019

The New York State Legislature recently passed a well-publicized law extending the statute of limitations for certain abuse victims: the Child Victims Act. In his Civil Rights Litigation column, Ilann M. Maazel reviews that act, and more generally, how long victims of sexual abuse, misconduct, and discrimination have to bring claims under New York and federal law.

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