Analysis

  • New York Law Journal | Analysis

    The Parenting Coordinator

    By Joel R. Brandes | January 19, 2024

    In a contested custody case, a court may appoint a mental health professional to conduct a forensic evaluation and testify as an expert to assist the court in making such determinations. Occasionally, courts have appointed mental health professionals as parenting coordinators to assist them in complying with their parenting plan.

  • New York Law Journal | Analysis

    Phone Home: Inflatable Alien Costume Held Copyrightable

    By Robert W. Clarida and Thomas Kjellberg | January 19, 2024

    To ring out the old year on an otherworldly note, the Western District of Pennsylvania issued a preliminary injunction in a case involving the unauthorized copying of an inflatable adult Halloween costume that created the "whimsical" illusion that the wearer was being carried around by a seven-foot-tall green space alien.

  • New York Law Journal | Analysis

    The Ethics of Lawyer Movement (Part Two)

    By Anthony E. Davis and Janis M. Meyer | January 18, 2024

    This article is the second (of two) to consider New York City Bar Association Committee on Professional and Judicial Ethics Formal Opinion 2023-1 addressing "Attorney Departing From a Law Firm." In this article, Anthony Davis and Janis Meyer discuss the Opinion's further treatment of the subjects of communications with clients.

  • New York Law Journal | Analysis

    Two CPLR Devices Worth Remembering

    By Katryna L. Kristoferson, David Paul Horowitz and Barbara Jaffe | January 17, 2024

    This month, Katryna Kristoferson and David Horowitz visit two lesser-known and used CPLR devices: the summons with notice and a motion for pre-action disclosure. This column is joined by Justice Barbara Jaffe (Ret.), who writes on the summons with notice, including an interesting experience she encountered with the device while on the bench. Katryna then takes the laboring oar and writes on pre-action disclosure.

  • New York Law Journal | Analysis

    When Do Omissions Create Private Liability? The Supreme Court Ponders

    By John Coffee | January 17, 2024

    On Jan. 16, 2024, the Supreme Court heard 'MacQuarie Infrastructure Corp. v. Moab Partners L.P.', which will presumably resolve a circuit split. The question before the court is whether the Second Circuit erred in holding "that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under §10(b) of the Exchange Act, even in the absence of an otherwise misleading statement."

  • New York Law Journal | Analysis

    Tax Return Confidentiality: Recent Developments

    By Jeremy H. Temkin | January 17, 2024

    Over the past year, federal courts have issued decisions clarifying the extent to which §6103 shields tax returns and return information from disclosure in civil litigation, the extent to which the IRS is permitted to disclose confidential information during and in connection with investigations, and the application of a safe harbor shielding the government from liability for unauthorized disclosures.

  • New York Law Journal | Analysis

    Use of Police Dogs Constitutes Search Implicating Fourth Amendment Protections

    By Linton Mann III and William T. Russell Jr. | January 16, 2024

    In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.

  • New York Law Journal | Analysis

    Res Ipsa Loquitur and Medical Malpractice Defense

    By John Lyddane | January 16, 2024

    When an unexplained injury occurs in an area remote from the operative field while a patient is anesthetized, the doctrine of res ipsa loquitur may support an inference and will be considered in whether a prima facie case has been established.

  • New York Law Journal | Analysis

    Shake Shack Unshaken: Court Limits Typeface Protections in Font License

    By Stephen M. Kramarsky | January 12, 2024

    In his Intellectual Property column, Stephen M. Kramarsky discusses the 'Shake Shack Enterprises v. Brand Design Company' case, which offers insight into the limits courts will impose on companies that try to overextend their intellectual property rights.

  • New York Law Journal | Analysis

    Pharmaceutical Legal and Regulatory Trends To Watch in 2024

    By Jeanna M. Wacker, Tasha Gerasimow and Nick Johnston | January 12, 2024

    This article highlights several notable legal and regulatory developments in 2023 and discusses developments that will continue to shape the pharmaceutical industry in 2024.

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