New York Law Journal | Analysis
By Christopher Boehning and Daniel J. Toal | December 2, 2019
In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss the recent case of 'Herzig v. Ark. Found. for Med. Care', which addresses the issue of ephemeral messaging and spoliation. The court there found that the use of the ephemeral messaging app Signal was evidence of bad faith sufficient to warrant sanctions.
By Tom McParland | November 22, 2019
Page, an ex-adviser to the 2016 Trump campaign, who said he is studying for a master of laws degree, instead appealed the ruling to the Second Circuit, arguing in part that he was denied a fair chance to have his claims heard.
By Jane Wester | October 16, 2019
Beyond simply winning the lawsuit — the plaintiff is demanding $25 million in compensatory damages — her lawyer said they are hoping for a "philosophical" victory.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | September 30, 2019
In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent case in which the district judge allowed the forensic imaging of personal devices after finding that a compelling need for discovery outweighed privacy interests. This recent case demonstrates the evolving nature of the balancing process between these competing interests and can serve as a helpful guide to judges who will have to navigate the issue in the future, especially as data privacy laws expand around the world and within the United States.
By Jack Newsham | September 25, 2019
The moves by Jonathan Gray, David Schwartz and others mark a shakeup in the entertainment world's bicoastal legal ecosystem.
New York Law Journal | Analysis
By Robert J. Bernstein and Robert W. Clarida | September 19, 2019
On July 1, 2019, the U.S. District Court Judge John Koetl for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of the rock star Prince taken by Lynn Goldsmith constituted a transformative and fair use. In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the decision, which will be appealed to the Second Circuit.
By Tom McParland | September 16, 2019
According to an amended complaint filed last week in Manhattan federal court, AT&T management overreported the number of customers who had signed up for the company's $35-per-month product, leading investors to believe it was well-positioned to compete with cheaper online streaming services such as Netflix and Hulu.
By Dan Clark | September 12, 2019
Kai Falkenberg now oversees the company's legal, business and compliance functions. She started her new role earlier this week and is based in New York.
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 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?
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