October 03, 2017 | The Recorder
Follow-on IPR Petitions: Dead in the Water?The decision in 'General Plastic' is a clear warning shot to accused infringers that they need to maximize the quality and strength of any IPR petitions, as the PTAB is very unlikely to permit the same petitioner to file a second petition against the same claims under most circumstances.
By Harper Batts
6 minute read
October 03, 2017 | New York Law Journal
First Department Sustains Claims Against Fund Administrator After Hackers Grab MillionsCraig Newman and Maren J. Messing write: A legal feud is currently playing out in New York state court between the world's biggest hedge fund administrator and a former client, and it all started with an email from an address containing a single extra letter. At the center of the lawsuit is the question of responsibility for an email scam that resulted in hackers stealing millions in client funds, and it is a case study in the mounting problem of cyber wire fraud and allocating fault when funds go missing.
By Craig A. Newman and Maren J. Messing
9 minute read
October 03, 2017 | New York Law Journal
The Challenges of Regulating Employee SpeechIn their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas discuss some recent controversies involving employee speech and the laws governing employers' ability to regulate and respond to disruptive speech in the workplace.
By Jeffrey S. Klein and Nicholas J. Pappas
10 minute read
October 03, 2017 | New York Law Journal
Overview of the New Partnership Level Audit RulesIn this Real Estate Securities column, Peter M. Fass discusses new partnership tax audit rules that will become effective for tax years beginning after Dec. 31, 2017.
By Peter M. Fass
7 minute read
September 29, 2017 | New York Law Journal
Public Agency Privileges, FOIL, and the CPLRMatthew T. McLaughlin writes: Litigants in disputes with public agencies have an opportunity to bring a two-front attack when obtaining documents. The CPLR and the FOIL statutes operate in tandem, and choosing one route does not preclude use of the other. The tandem operation of these two statutes brings, however, an often unappreciated twist. Under FOIL, public agencies enjoy certain exceptions to the obligation to produce documents. Several courts, including three of the Appellate Division departments, hold that the exceptions to production found in the FOIL statute may be used defensively in civil litigation, thereby permitting a public agency to withhold documents for FOIL-based reasons. Recent jurisprudence from the Appellate Division, Fourth Department, has opened a chasm in the intersection between the CPLR discovery devices and the operation of FOIL.
By Matthew T. McLaughlin
8 minute read
July 11, 2017 | New York Law Journal
Editor's NoteWe present to you this year's edition of the NYLJ 100, our annual report ranking firms' average number of full-time equivalent attorneys in New York state for the period of Jan. 1 to Dec. 31, 2016.
By Angela Turturro, Sections Editor
3 minute read
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