Kylie Marshall

January 11, 2024 | New York Law Journal

Michael A. de Freitas, vice chair of the Business Law section, writes: In more cutting-edge topics, we convened a panel on artificial intelligence in business law, a fast-moving subject for lawyers. The panel included computer scientists in order to give lawyers a "look under the hood" of how artificial intelligence works.

By Michael A. de Freitas, Vice Chair, Business Law Section

3 minute read

January 11, 2024 | New York Law Journal

Adam Seiden, chair of the 50+ Section, writes: Bar associations in particular can play an important role in fostering the situations whereby older more experienced attorneys can "give back" to the profession by mentoring and helping along younger lawyers.

By Adam Seiden, Chair, 50+ Section

3 minute read

January 11, 2024 | New York Law Journal

Bribes and kickbacks of public and private officials in the United States are still prosecuted under the mail/wire fraud statutes and the Hobbs Act, but departures from paradigmatic cases have become more vulnerable to challenge. The Second Circuit's recent affirmance in the case of a bank officer convicted of corruption is noteworthy when viewed against that backdrop.

By Elkan Abramowitz and Jonathan Sack

11 minute read

January 11, 2024 | New York Law Journal

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Gary R. Brown dismissed a complaint against United States Bankruptcy Court Chief Judge Alan S. Trust and others based on judicial immunity. Magistrate Judge Vera M. Scanlon denied a motion for sanctions and adverse inferences. Magistrate Judge James M. Wicks granted a motion to disqualify counsel.

By Samuel Butt and John Moore

8 minute read

January 10, 2024 | New York Law Journal

Leaders and legislative bodies worldwide have used their authority to harness GenAI's transformative power and mitigate risks—albeit at different paces and with different priorities and approaches. This divergence is particularly evident when comparing the GenAI laws enacted in the People's Republic of China with the nascent efforts of President Biden and Congress to respond to these new challenges.

By Jennifer M. Driscoll

6 minute read

January 10, 2024 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard reviews both new and amended environmental and energy laws enacted by the state of New York in 2023.

By Michael B. Gerrard

12 minute read

January 09, 2024 | New York Law Journal

The Second Circuit recently determined that no special First Amendment protections applied to a defendant's use of the Vans Old Skool shoe trademark in selling its own shoes purportedly intended as a critique of sneaker culture. It affirmed the district court's entry of a preliminary injunction against the defendant, finding the plaintiff was likely to succeed on its trademark infringement claim under the Lanham Act. In doing so, it issued its first opinion applying the Supreme Court's June 2023 decision in 'Jack Daniel's Properties v. VIP Products'.

By Catherine Nyarady and Crystal Parker

8 minute read

January 09, 2024 | New York Law Journal

The most hotly contested aviation law issue in the United States has been whether and to what extent federal law preempts state law. The stakes in the fight over preemption are high because a preemption finding can truly lead to virtual immunity for an aviation manufacturer of a defective product. Given these stakes, the authors of this article address the state of play in the Second Circuit given the recent 'Jones' decision.

By Justin T. Green and Kevin Mahoney

14 minute read

January 08, 2024 | New York Law Journal

Some view AI as a significant threat to privacy, national security, workers' rights and intellectual property. While U.S. political leaders, military experts and tech company executives have all engaged in handwringing, the European Union took action to try to tame the AI tiger.

By Peter Brown

8 minute read

January 08, 2024 | New York Law Journal

Financial institutions seeking to recover on promissory notes and unconditional guarantees can often obtain quick relief from CPLR 3213, but only if claims are "for the payment of money only." However, not all guarantees are eligible for expedited treatment under CPLR 3213.

By Adam Safer and Muryum Khalid

6 minute read