New York Law Journal | Analysis
By Wendy R. Stein | September 9, 2019
This article argues that when a copyright owner has already been compensated for the first publication, republication by another to report news or by the public figure photographed should qualify for the fair use exception to copyright infringement.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | September 9, 2019
In their Technology Law column, Richard Raysman and Peter Brown discuss a recent SDNY case in which the court held that because of the unequivocal and broad language of the arbitration clause in the operative software license agreement and the dearth of prejudice from the protracted pace of the language, plaintiff could not avoid arbitration of its claims, which included contract and copyright-based claims.
New York Law Journal | Analysis
By Steven Balson-Cohen | September 6, 2019
In the years to come, the bench, bar and public all hope that this new enforcement tool will curtail the potential horrors associated with the staged accident phenomenon.
New York Law Journal | Analysis
By C. Raymond Radigan and Lois Bladykas | September 6, 2019
Trusts and Estates Law columnists C. Raymond Radigan and Lois Bladykas discuss the filing of objections to probate, and explores discovery issues that may arise during a contested probate proceeding.
New York Law Journal | Analysis
By Michael Hoenig | September 6, 2019
In his Complex Litigation column, Michael Hoenig discusses a recent spate of developments regarding smart devices and consumer privacy. Privacy lawsuits and regulatory complaints are mushrooming. Corrective measures by manufacturers arguably will strengthen some defenses against claims. Yet, there are scores of millions of Smart TVs and devices sold before the remedial measures were instituted. Will litigation be a promising avenue?
New York Law Journal | Analysis
By Marc Lieberstein | September 5, 2019
During the last two years, franchisors have been facing courts and legislatures that appear to be increasingly hostile to franchising, as greater numbers of franchisor-franchisee relationships are being deemed to be franchisor-employee relationships. This column summarizes some of the most serious recent challenges to the franchise business model.
New York Law Journal | Analysis
By Eamon P. Joyce, Qais Ghafary and David S. Kanter | September 5, 2019
This article is intended to aid the appellate practitioner—experienced and reluctant alike—as he or she assesses the need for cross-appeal after the opponent has noticed the appeal.
New York Law Journal | Analysis
By Evan H. Krinick | September 5, 2019
In his Insurance Fraud column, Evan H. Krinick discusses and compares how Florida and New York treat insurance company actions alleging no-fault fraud under their unfair business practices acts—the FDUTPA and GBL §349, respectively.
New York Law Journal | Analysis
By Steven M. Witzel and Renee E. Turner | September 4, 2019
In this Corporate Crime column, Steven M. Witzel and Renee E. Turner provide an overview of the college admissions scandal; the sentencing issues faced by the various groups of defendants; the bellwether Vandemoer sentencing and its implications; and the arguments for severe sentences as well as for leniency.
New York Law Journal | Analysis
By Elliott Scheinberg | September 4, 2019
'Cline v. Code' is a lesson in precise "you-can't-be-too-careful-enough" drafting.
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