Kylie Marshall

January 24, 2024 | New York Law Journal

With the issuance in October 2023 of a wide-ranging executive order on artificial intelligence, the Biden administration took its most significant action to date toward oversight of the development and use of AI technologies. In the absence of Congressional action in this area, the order represents a step toward laying the groundwork for future federal regulatory action by a broad swath of agencies and departments.

By David A. Katz and Laura A. McIntosh

7 minute read

January 24, 2024 | New York Law Journal

In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the decision.

By Laura B. Dowgin and Thomas J. Maroney

8 minute read

January 24, 2024 | New York Law Journal

In this article, the authors look at two recent circuit court decisions that held that such requirements under the New York Convention and under the FAA are procedural and, therefore, do not oust a court of subject matter jurisdiction, even if the requirements are not strictly met.

By Lawrence W. Newman and David Zaslowsky

9 minute read

January 23, 2024 | New York Law Journal

A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.

By Rob Maier

8 minute read

January 22, 2024 | New York Law Journal

Recent court rulings show the venerable common-law tort of conversion providing an effective vehicle for relief in a number of cryptocurrency and NFT disputes.

By Robert A. Schwinger

19 minute read

January 22, 2024 | New York Law Journal

The doctrine of relation back has generated a substantial body of case law. It was recently re-examined at the end of 2023 by the Court of Appeals in 'Nemeth v. K-Tooling', resulting in important clarification of ambiguities in the three-pronged analysis which have arisen over time.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

12 minute read

January 19, 2024 | New York Law Journal

In a contested custody case, a court may appoint a mental health professional to conduct a forensic evaluation and testify as an expert to assist the court in making such determinations. Occasionally, courts have appointed mental health professionals as parenting coordinators to assist them in complying with their parenting plan.

By Joel R. Brandes

13 minute read

January 19, 2024 | New York Law Journal

To ring out the old year on an otherworldly note, the Western District of Pennsylvania issued a preliminary injunction in a case involving the unauthorized copying of an inflatable adult Halloween costume that created the "whimsical" illusion that the wearer was being carried around by a seven-foot-tall green space alien.

By Robert W. Clarida and Thomas Kjellberg

6 minute read

January 18, 2024 | New York Law Journal

In this article, Daniel Pollack and Kerianne Morrissey explain how appointing relevant medical personnel and domestic violence survivors would strengthen the domestic violence review team's objectives and save lives.

By Daniel Pollack and Kerianne Morrissey

4 minute read

January 18, 2024 | New York Law Journal

This article is the second (of two) to consider New York City Bar Association Committee on Professional and Judicial Ethics Formal Opinion 2023-1 addressing "Attorney Departing From a Law Firm." In this article, Anthony Davis and Janis Meyer discuss the Opinion's further treatment of the subjects of communications with clients.

By Anthony E. Davis and Janis M. Meyer

9 minute read