New York Law Journal | Analysis
By Catherine Nyarady and Crystal Parker | March 12, 2024
An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming decision in 'LKQ v. GM Global Technology Operations' will be the first en banc decision the Federal Circuit has issued in a design patent case since 2008.
New York Law Journal | Analysis
By Jerry H. Goldfeder | March 12, 2024
While most Americans are focused upon trials and court rulings impacting the 2024 presidential election, this article takes a moment to review two significant New York-related developments. In both cases, the goal was to expand voting rights. As of now, one succeeded and one did not.
By Louisa DeRose and Sarah Hechtman | March 12, 2024
The fundamental goal of mediation is to allow parties to maintain autonomy over the decisions that will govern their family. The reviewing attorney not only helps his or her client to make knowing decisions, but also aids the mediator by more fully exploring issues which the mediator, as a neutral, may feel constrained to avoid.
By Melissa T. Billig and Brandon Reiner | March 12, 2024
In their Construction Law column, Melissa Billig and Brandon Reiner discuss five pitfalls to avoid when using standardized industry form agreements with architects and contractors.
New York Law Journal | Analysis
By Karin Portlock and Brian Yeh | March 11, 2024
This article explores how recent precedent-setting victories in New York's Third Department have showcased the promise and impact of the Domestic Violence Survivors Justice Act and highlights the positive outcomes achieved for survivors and the legal implications of these victories. The authors "hope to shed light on the importance of this legislation and its potential to reform the criminal justice system's approach to domestic violence survivors in New York."
New York Law Journal | Analysis
By Erica F. Buckley | March 11, 2024
In this article, Erica F. Buckley recaps the 2022 amendments to the Martin Act and how they may apply to a situation where a husband and wife are looking to convert their building into a condominium.
New York Law Journal | Analysis
By Karen Hoffman-Lent and Kenneth Schwartz | March 11, 2024
The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.
By Riccardo DeBari, Brian Lanciault and Filip Cukovic | March 11, 2024
The adoption of the rules indicates that FINRA is taking concrete steps to modernize its regulatory framework toward the more flexible environment that proved effective during the pandemic period of substantial systemic risk in the industry.
New York Law Journal | Analysis
By Peter Brown | March 11, 2024
In his Technology Law column, Peter Brown discusses the European Union's General Data Protection Regulation and highlights how a hidden obligation under Article 27 is the requirement that non-EU businesses designate in writing a representative located in an EU country.
By Rolando T. Acosta | March 11, 2024
There are a number of problems with the NYPD Chief of Patrol John Chell's recent criticism
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