Kylie Marshall

November 21, 2023 | New York Law Journal

Obviousness is one of the most challenging and amorphous issues in U.S. patent law, and one that all practitioners—litigators and patent prosecutors alike—inevitably confront on a regular basis. Federal Circuit decisions analyzing the issue of obviousness can be complex and, sometimes, seemingly subjective.

By Rob Maier

7 minute read

November 21, 2023 | New York Law Journal

In 'Krasner', the Second Circuit considered whether the securities-related exception to the federal jurisdiction conferred by CAFA prohibited removal to federal court of a class action alleging aiding and abetting the breach of fiduciary duties and tortious interference claims. This decision is another instance where the circuit has adopted an expansive interpretation of the exception.

By Martin Flumenbaum and Brad S. Karp

7 minute read

November 20, 2023 | New York Law Journal

Does anyone doubt the existence of bias? Likely not, but recognizing bias is not always easy. When overt, it is hard to miss. When covert, it can be difficult, if not impossible, to discern. Yet there are many cleverly designed, scientifically sound studies that can reveal the existence of bias, even when the subject consciously or unconsciously attempts to prevent its revelation.

By Katryna L. Kristoferson and David Paul Horowitz

14 minute read

November 20, 2023 | New York Law Journal

If a private entity wants to take on the very lucrative role of "authenticator" for the entire digital financial system, should it take on the liability as well? If we agree to hand over the job of policing digital identity to a private actor, should that actor also compensate us when the system fails?

By Stephen M. Kramarsky

11 minute read

November 20, 2023 | New York Law Journal

The first half of this series, addressing the historical development of the law in New York on the professional reliability exception to the rule against hearsay, was published on Sept. 18, 2023. This second segment discusses how the professional reliability exception has been applied to the process of medical malpractice adjudication.

By John Lyddane

7 minute read

November 17, 2023 | New York Law Journal

When is the best time to undertake mediation of a dispute? In this article, Robert J. Jossen presents 10 observations that can bring light to this complex questions.

By Robert J. Jossen

8 minute read

November 17, 2023 | New York Law Journal

In the legal industry, little-known statutes with potentially serious consequences slip by unnoticed. This is the case with "home court" statutes, which have the ability to obliterate the forum selection, choice of law and/or arbitration clauses in construction agreements. This article serves as a primer on these statutes so they don't sneak past you in the future.

By Marco Molina, Alexandra L. Trujillo and Shaia Araghi

8 minute read

November 17, 2023 | New York Law Journal

The use of AI is pervading all aspects of the legal profession, and many are questioning the application of AI within each specific practice area. In the dispute resolution space, AI has already been a part of this practice area for some time—but can it replace human mediators?

By Leslie A. Berkoff

8 minute read

November 17, 2023 | New York Law Journal

This article examines the difficulties that privilege issues can present in international arbitration, and concludes that solutions oftentimes lie with an overlooked legal tool—common sense.

By J.P. Duffy

8 minute read

November 17, 2023 | New York Law Journal

In his Law and the Family column, Joel R. Brandes breaks down the Respect for Marriage Act, which provides federal statutory authority for same-sex and interracial marriages and replaced provisions in the Defense of Marriage Act that defined, for purposes of federal law, marriage as between a man and a woman, and defined a spouse as a person of the opposite sex.

By Joel R. Brandes

10 minute read