Tal S. Benschar

December 26, 2024 | New York Law Journal

A discussion of 'Wu v. Uber Techs., Inc.,' where the New York Court of Appeals upheld the enforceability of “click-wrap” agreements and also held that issues of the scope of an arbitration agreement were delegated to the arbitrator. The author believes the decision “provides valuable guidance for businesses using websites and apps to ensure their terms of use are found enforceable.”

By Tal S. Benschar

6 minute read

April 12, 2024 | New York Law Journal

New technologies create new challenges for the law. This has certainly been the case for artificial intelligence, which has generated a great deal of discussion, and some litigation, in patent and copyright law. One area that has not been explored is its impact on trade secrets. But recent events indicate that this is about to change.

By Tal S. Benschar

7 minute read

December 04, 2023 | New York Law Journal

A recent decision of the Trademark Trial and Appeal Board contains several important principles to evaluate abandonment claims.

By Tal S. Benschar

5 minute read

April 28, 2023 | New York Law Journal

A discussion of the recent Southern District decision, Dow Jones & Co., Inc. v. Juwai Ltd., which has held that the loading of content to US-based servers suffices to apply US Copyright Law.

By Tal S. Benschar

5 minute read

January 06, 2023 | New York Law Journal

Recently, several courts have addressed claims as to whether the right of publicity may restrict sale of personal information.

By Tal S. Benschar

5 minute read

March 03, 2022 | New York Law Journal

This article provides a discussion of 'Calderon v. Sixt Rent a Car,' which calls into question the validity of broad arbitration provisions.

By Tal S. Benschar

7 minute read

March 23, 2021 | New York Law Journal

Businesses who use images of models, particularly those sourced from third parties such as stock image sites, must now carefully scrutinize whatever release the models have provided to ensure that they obtain "written consent" to their intended commercial use.

By Tal S. Benschar

8 minute read