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September 13, 2024 | New York Law Journal

What You Need to Know About New York Commercial Division Rule 13(c)

"Rule 13(c) of the Commercial Division is designed to prevent 'trial by ambush' and to educate both justices and juries on complex issues in the case that are the proper subject of expert testimony," write Mark A. Berman, Paul F. Downs and Michael Cardello III.
6 minute read
August 26, 2024 | New York Law Journal

Fashion Upcycling—Permissible Creativity or Trademark Infringement?

Many "upcyclers" defend their practices on the basis that they are creating "one of a kind" works of art which are protected by the First Amendment or as a fair use of the branded product. However, many brand owners disagree and claim such upcycled products infringe their trademark rights or constitute counterfeiting. This article explains what upcycling is and discusses trademark issues related to the practice.
8 minute read
August 15, 2024 | Law.com

The Future Viability of 105(a) Injunctions Following the Supreme Court's Decision In 'Purdue Pharma'

Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?
12 minute read
August 05, 2024 | New York Law Journal

ADR Providers and Businesses Respond to the Massive Costs of Mass Arbitration Claims

The potential exponential costs that can result in having to defend hundreds, if not thousands, of claims can at times force respondents to settle claims that otherwise may be lacking in merit in order to avoid the costs of having to defend them.
9 minute read
July 29, 2024 | Law.com

How I Made Partner: 'Take Ownership of Your Matters and Your Career,' Says Caitlyn Ryan of Moritt Hock & Hamroff

"Take ownership of your matters and your career: be proactive and take initiative; ask questions; issue spot and pose solutions; be inquisitive; listen to your clients' goals and concerns; lead by example; and be unrelenting."
6 minute read
July 18, 2024 | New York Law Journal

Attorneys 'On the Move': Venable Adds Real Estate Partner; Technology Transactions Partner Joins Morrison Foerster

And other announcements of recent hirings and promotions of New York attorneys.
3 minute read
June 21, 2024 | New York Law Journal

Fines, Late Fees and Limits on Co-op and Condo Board Authority

Fines and late fees may be important—even essential—tools of co-op and condo self-governance, but there are limits which must be respected. This article explores three potential limits on the use of fines and late fees by co-op and condo boards.
8 minute read
May 03, 2024 | New York Law Journal

Security Risks Surrounding Generative Artificial Intelligence

Given the lack of clarity of how GenAI operates and the likelihood that further risks will emerge as usage becomes more widespread, it is imperative that attorneys and their clients adopt proactive measures to safeguard against the inherent risks presented by these technologies.
7 minute read
March 15, 2024 | New York Law Journal

Supreme Court's Trend in Ruling in Arbitration Topics Should Have Litigators Reflecting on Strategy

This article touches on several Supreme Court decisions related to the Federal Arbitration Act and the potential impact they have on the trajectory of a litigation and/or strategy of litigators.
8 minute read
February 07, 2024 | New York Law Journal

Long Island Midmarket Firm Announces New Managing Partner, Leadership Structure

The announcement from Long Island-based Moritt Hock comes during a period of high turnover in leadership positions at a number of Am Law 200 firms.
2 minute read

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