Kylie Marshall

May 16, 2024 | New York Law Journal

The Supreme Court recently resolved a question regarding copyright actions that has generated conflicting results in the Courts of Appeal for years, but as a forceful dissent pointed out, it left open a more fundamental issue that could render the entire question moot.

By Robert W. Clarida and Thomas Kjellberg

10 minute read

May 15, 2024 | New York Law Journal

The SEC's long, successful campaign against insider trading has been legally predicated on two words—"deceptive device"—in Section 10(b) in the Securities Exchange Act. In terms of its legal authority, the SEC has little else to rely on, as insider trading is nowhere defined in federal legislation.

By John Coffee

10 minute read

May 15, 2024 | New York Law Journal

A successful PR program not only aligns with business development strategy but also has a real role in driving it. With the right conversations, processes and buy-in—and a clear understanding of common hurdles—a PR program can be a key pillar in business development success.

By Penny Paul, Kelsey Eidbo and Jaylen Pearson

8 minute read

May 15, 2024 | New York Law Journal

This article reviews the two decisions in 'Farhy v. Commissioner' and discusses the implications for determining the assessability of penalties going forward.

By Jeremy H. Temkin

8 minute read

May 14, 2024 | New York Law Journal

This article is part two in a series explaining the fundamentals of Commercial Division practice. It addresses the first steps taken when litigating in the Commercial Division, including preparation and filing of pleadings, appearances and corporate disclosure statements.

By Kevin V. Small, Joseph J. Saltarelli and Charlotte Leszinske

8 minute read

May 14, 2024 | New York Law Journal

The Court of Appeals recently overturned the criminal conviction of Hollywood producer Harvey Weinstein. The majority opinion reversed a decision of the Appellate Division, First Department that had affirmed Weinstein's conviction. There were two strongly worded dissents by Judges Singas and Cannataro.

By Linton Mann III and William T. Russell Jr.

7 minute read

May 13, 2024 | New York Law Journal

This article highlights the overarching themes from the American Bar Association's 2024 Antitrust Spring Meeting, including emerging technology, agency enforcement and prevailing competitive concerns.

By Karen Hoffman Lent and Kenneth Schwartz

11 minute read

May 10, 2024 | New York Law Journal

Within months of the Supreme Court's decision in 'Yegiazaryan v. Smagin', a significant number of federal appellate courts applied the new precedent with impressive speed, thoroughness and consistency. In doing so, the Courts of Appeals have expanded the scope of RICO into terrain in which older decisions had not dared to tread.

By Paul Batista

16 minute read

May 10, 2024 | New York Law Journal

The primary focus of most litigation in the United States is on the defendant's liability to the plaintiff. In the unique world of New York Labor Law claims, however, risk transfer issues among defendants and third-party defendants often become the main event.

By Laura B. Dowgin and Hilary Simon

7 minute read

May 10, 2024 | New York Law Journal

The U.S. Department of Labor's new independent contractor regulations, effective March 11, 2024, replace a previous set of regulations issued under the Trump administration in 2021; however, the new rule is not really new.

By Jared Cook and Allen A. Shoikhetbrod

8 minute read