David Jacoby

David Jacoby

February 26, 2021 | New York Law Journal

U.S. Government Cybersecurity Vulnerabilities Flow Down to Private Companies and Federal Court Litigants

This is a whole new world of cybersecurity compliance accountability for U.S. government contractors.

By Linda V. Priebe and David Jacoby

8 minute read

August 28, 2020 | New York Law Journal

'Star Athletica' Three Years On

The 2017 U.S. Supreme Court decision 'Star Athletica v. Varsity Brands' was supposed to clarify longstanding confusion over how design elements on functional objects, like clothing, can be copyrighted. But in the three years since the decision came down both the lower courts and legal opinion have varied widely in interpreting the decision.

By David Jacoby

8 minute read

June 19, 2020 | New York Law Journal

The Third Ground: Renegotiating Office Leases Post-COVID

Current circumstances present an opportunity for tenants to use new strategies to renegotiate or even terminate leases. This article takes a look at conventional legal strategies that may provide grounds for lease termination before turning to consider another, third, approach.

By David Leffler and David Jacoby

9 minute read

May 08, 2020 | New York Law Journal

SHIELD and Sword: New York's Far Reaching Statute Governing Data Breaches

It may be a while before law enforcement can devote attention to the broadened scope of data breach liability under the new NY SHIELD (Stop Hacks and Improve Electronic Data Security) Act. Then again, it might not.

By David Jacoby and Linda V. Priebe

8 minute read

December 18, 2007 | Law.com

Vioxx: Changing the Face of Pharmaceutical/Mass Tort Litigation

Merck recently agreed to settle thousands of heart attack and stroke cases surrounding Vioxx, its highly profitable arthritis medication � allowing both sides to win by agreement, rather than face uncertainties of trial.

By Sol Weiss, David Jacoby and Gregory Spizer

9 minute read

August 15, 2008 | New York Law Journal

'Jobe' Highlights Issues in Anticounterfeiting Statute

David Jacoby, a partner at Schiff Hardin and an adjunct professor at Fordham Law School, and Judith S. Roth, of counsel at the firm and also an adjunct professor at Fordham Law School, write that a recent decision by a court in New York City dealing with counterfeit items highlights a problem calling for a legislative fix. No, it's not Tiffany v. eBay. The issues in this case are much easier to work out. The New York anticounterfeiting statute contains definitional limitations no longer required by the federal counterfeiting regime. As the decision in People v. Jobe reveals, it is time for New York state to amend its law to reflect not only federal law but also the realities of anticounterfeiting law enforcement.

By David Jacoby and Judith s. Roth

8 minute read