New York Law Journal | Analysis
By Anthony E. Davis and Janis M. Meyer | March 27, 2024
When approached with a new potential representation, a lawyer needs to do a conflicts check. Once that clears, what is stopping them from jumping in and getting as much information as possible to demonstrate to the potential client that they are the right choice? In reality, they should take precautions to ensure that not only the lawyer but the entire firm are not disqualified.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | March 27, 2024
In 'Behrens v. JPMorgan Chase Bank N.A.', the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly.
New York Law Journal | Analysis
By Rob Maier | March 26, 2024
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
New York Law Journal | Analysis
By Robert A. Schwinger | March 25, 2024
Recent court decisions arising from the purchase and sale of digital assets have grappled with liability claims posing such questions about information that had been stated or omitted.
New York Law Journal | Analysis
By Kevin V. Small, Joseph J. Saltarelli and Charlotte Leszinske | March 25, 2024
This series of Commercial Litigation articles will explain the fundamentals of Commercial Division practice. Part I addresses the key advantages of the Commercial Division and how to commence a case there.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | March 25, 2024
Unlike Labor Law §240(1), Labor Law §241 (6) is not self executing. Plaintiff must show that a violation of a concrete specification under a provision of the New York Industrial Code was a proximate cause of injury in order to impose liability under §241(6).
New York Law Journal | Analysis
By Adam R. Shaw and Jenna C. Smith | March 22, 2024
This installment of the Northern District Round-Up column explores a recent decision by Judge Anne Nardacci of the Northern District of New York concerning yet another challenge to New York state's cannabis licensing program.
New York Law Journal | Analysis
By Joel R. Brandes | March 22, 2024
One of the most perplexing problems that a matrimonial attorney will face is deciding whether or not to take the chance of antagonizing the judge assigned to a case of hers and moving for his or her recusal. Although a judge may act gruff, be antagonistic or treat the attorney poorly, this is not a basis for recusal.
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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