Analysis

  • New York Law Journal | Analysis

    Will Any Software Patents Survive?

    By Robert L. Maier | November 21, 2017

    In his Patent and Trademark Law column, Robert L. Maier writes: In recent weeks, the Federal Circuit has continued to affirm district court decisions finding software-related patents invalid for failure to meet the patentable subject matter requirement of 35 U.S.C. §101. At the same time, a petition for certiorari to the Supreme Court was filed seeking to challenge the availability of this very defense—a petition that, if heard by the Supreme Court, could have dramatic implications for U.S. patent litigation.

  • New York Law Journal | Analysis

    Working Hard or Playing Hard? eSports and the Fair Labor Standards Act

    By Brian D. Murphy | November 21, 2017

    Brian D. Murphy writes: As with any new industry, the challenge to be faced by eSports employers and practitioners is adapting old laws and regulations to a paradigm that was not, and could not, have been contemplated at the time of enactment or implementation.

  • New York Law Journal | Analysis

    Importance of Physical Examinations to Medical Malpractice Defense

    By John L.A. Lyddane and Barbara D. Goldberg | November 20, 2017

    Medical Malpractice Defense columnists John L.A. Lyddane and Barbara D. Goldberg write: The importance of the defendants' physical examinations of the plaintiff claiming injury in a medical malpractice case should not be underestimated.

  • New York Law Journal | Analysis

    Best Practices in Drafting Divorce Settlement Agreements

    By David Bliven | November 20, 2017

    David Bliven addresses some deficiencies he's come across in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses practitioners may implement in their own practices.

  • New York Law Journal | Analysis

    Court Considers Victims' Right to Sue Over Data Breach

    By Stephen M. Kramarsky | November 20, 2017

    In his Intellectual Property column, Stephen M. Kramarsky discusses a recent decision from the Southern District of New York that examines that balance and the scope of a company's duty to protect the sensitive information of its employees and customers.

  • New York Law Journal | Analysis

    What the Tax Cuts and Jobs Act Would Mean for Individuals

    By Sidney Kess | November 20, 2017

    Tax Tips columnists Sidney Kess takes a look at the Tax Cuts and Jobs Act of 2017 and provides roundup of some of the new rules impacting individuals, what old rules would be eliminated, and what old rules would be retained.

  • New York Law Journal | Analysis

    When Can State Courts Decide Religious Disputes?

    By Barry Black and Jonathan Robert Nelson | November 17, 2017

    Barry Black and Jonathan Robert Nelson examine a significant 2007 religion law decision by the New York Court of Appeals and discuss how it has been applied over the past decade.

  • New York Law Journal | Analysis

    Joint Employer Liability in the United States and Australia

    By Rupert M. Barkoff | November 17, 2017

    Franchising columnist Rupert M. Barkoff writes: Why is the New York Law Journal publishing an article on the joint employer liability issue in the United States and Australia? Because this issue, which has been THE hot issue in U.S. franchise law for several years, has also shown its face in Australia during this period, and is now the headline legal issue in Australian franchising as well.

  • New York Law Journal | Analysis

    Privacy Versus Openness: Sealing Guardianship Proceedings

    By Renee R. Roth and Daniel G. Fish | November 16, 2017

    In this Elder Law column, Renee R. Roth and Daniel G. Fish write: Guardianship cases require a careful balancing of the public's right to access to the proceeding and the AIP's right to privacy. It should be observed that these cases are markedly different from ordinary judicial proceedings where the parties voluntarily participate and understand that personal details of their lives may become public.

  • New York Law Journal | Analysis

    Opioid Crisis Costs: Is There a Cause of Action?

    By Paul Napoli and Marie Napoli | November 16, 2017

    Paul Napoli and Marie Napoli write: There are several causes of action that the municipalities could bring to attempt to recover their damages resulting from the opioid epidemic.

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