Kylie Marshall

March 15, 2024 | New York Law Journal

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.

By Leslie A. Berkoff

8 minute read

March 15, 2024 | New York Law Journal

Whether one chooses a private mediator from outside the court system or takes advantage of programs like those available in SDNY and EDNY, every litigator has an obligation to their client to at least consider mediation at each major decision point in litigation.

By Noel L. Hillman

9 minute read

March 15, 2024 | New York Law Journal

A valuable preparation option for any high-stakes arbitration is the mock arbitration. When done well, the reason it works is that counsel (and client) receives neutral mock arbitrator feedback on every issue that counsel seeks to test.

By David W. Ichel

5 minute read

March 14, 2024 | New York Law Journal

In 'Philpot v. Independent Journal Review', the Fourth Circuit reversed the district court's findings regarding fair use and copyright registration validity.

By Thomas Kjellberg and Robert W. Clarida

11 minute read

March 14, 2024 | New York Law Journal

This issue of the Bankruptcy Update column focuses on the recent biotech industry bankruptcy cases of Zymergen and Humanigen.

By Edward E. Neiger, Marianna Udem and Joo Hee Park

5 minute read

March 13, 2024 | New York Law Journal

The New York Department of Financial Services imposed a $30 million penalty on the New York branch of a foreign bank. The fine had nothing to do with employment discrimination or wage-and-hour issues—but it was the outcome of an internal transfer of a single New York-based employee to an overseas affiliate, and is a lesson in how financial services clients are at risk of penalties going far beyond those that are normally imposed by employment law regulators.

By Philip M. Berkowitz

6 minute read

March 13, 2024 | New York Law Journal

Faced with a severe housing shortage, NYC is exempting the construction of much new housing from the environmental review processes and taking many other steps to encourage such construction throughout the city. Several of these moves will also help the transition away from fossil fuels to renewable energy.

By Michael B. Gerrard

9 minute read

March 12, 2024 | New York Law Journal

John S. Martin, former district judge and U.S. attorney for the Southern District of New York, presents his take on the U.S. Probation Department's recommended 100-year sentence for Sam Bankman-Fried.

By John S. Martin

6 minute read

March 12, 2024 | New York Law Journal

An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming decision in 'LKQ v. GM Global Technology Operations' will be the first en banc decision the Federal Circuit has issued in a design patent case since 2008.

By Catherine Nyarady and Crystal Parker

8 minute read

March 12, 2024 | New York Law Journal

While most Americans are focused upon trials and court rulings impacting the 2024 presidential election, this article takes a moment to review two significant New York-related developments. In both cases, the goal was to expand voting rights. As of now, one succeeded and one did not.

By Jerry H. Goldfeder

8 minute read