New York Law Journal | Analysis
By Brittany Penn and Brandon Smith | January 26, 2024
This article reviews some of Director Kathi Vidal of the Patent Trial and Appeal Board's notable 2023 sua sponte director reviews and provides practice tips for PTAB practitioners based on those decisions.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | January 25, 2024
D&O liability insurance policies provide coverage for claims arising out of wrongful acts committed by directors or officers of the insured entity—that is their insured capacity. By contrast, in policies where insured capacity is addressed by exclusion, the outside capacity exclusion will bar coverage for loss arising from claims relating to an insured person's conduct in any capacity other than as a director or officer of the insured entity.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | January 24, 2024
With the issuance in October 2023 of a wide-ranging executive order on artificial intelligence, the Biden administration took its most significant action to date toward oversight of the development and use of AI technologies. In the absence of Congressional action in this area, the order represents a step toward laying the groundwork for future federal regulatory action by a broad swath of agencies and departments.
New York Law Journal | Analysis
By Laura B. Dowgin and Thomas J. Maroney | January 24, 2024
In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the decision.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | January 24, 2024
In this article, the authors look at two recent circuit court decisions that held that such requirements under the New York Convention and under the FAA are procedural and, therefore, do not oust a court of subject matter jurisdiction, even if the requirements are not strictly met.
The American Lawyer | Analysis|Best Practices
By Amanda O'Brien | January 23, 2024
A recent lawsuit and an ongoing trial highlight the challenges that supervisors face in delivering constructive criticism to underperforming attorneys.
New York Law Journal | Analysis
By Rob Maier | January 23, 2024
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.
New York Law Journal | Analysis
By Robert A. Schwinger | January 22, 2024
Recent court rulings show the venerable common-law tort of conversion providing an effective vehicle for relief in a number of cryptocurrency and NFT disputes.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | January 22, 2024
The doctrine of relation back has generated a substantial body of case law. It was recently re-examined at the end of 2023 by the Court of Appeals in 'Nemeth v. K-Tooling', resulting in important clarification of ambiguities in the three-pronged analysis which have arisen over time.
By Isha Marathe | January 19, 2024
At the NYSBA's Presidential Summit 2024, former judges and legal professionals discussed generative AI's potential to alter the legal landscape—and the inevitable ethical quandaries that will follow.
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement