Kylie Marshall

September 17, 2023 | New York Law Journal

The Fifth Amendment to the U.S. Constitution provides, in part, that no person shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment contains the same words. It prohibits the states from depriving any person of life, liberty or property, without due process of law.

By Joel R. Brandes

13 minute read

September 17, 2023 | New York Law Journal

In this article, Gregory Plotko and Marissa Higgins discuss in substance the most pressing issues for both landlords and tenants in the event of a WeWork bankruptcy filing under the U.S. Bankruptcy Code.

By Gregory Plotko and Marissa Higgins

8 minute read

September 17, 2023 | New York Law Journal

This article addresses the "Texas Two-Step" litigation strategy when it comes to bankruptcy and discusses whether this strategy of utilizing the Chapter 11 process to handle mass tort litigation claims is fair, effective and will survive the scrutiny of the courts.

By Stuart I. Gordon and Alexandria E. Tomanelli

7 minute read

September 17, 2023 | New York Law Journal

On Aug. 10, 2023, the U.S. Supreme Court stayed a decision of the U.S. Court of Appeals for the Second Circuit that held that nonconsensual third-party releases of direct claims against nondebtors are statutorily permitted under sections 105(a) and 1123(b)(6) of the Bankruptcy Code and that the court's case law allows for nonconsensual third-party claim releases in specific circumstances.

By Robert W. Dremluk

8 minute read

September 17, 2023 | New York Law Journal

An examination of the legal and regulatory implications around the investigations into lead-covered cables in various parts of the country including Wappingers Falls, New York—an investigation that was revealed in a recent Wall Street Journal series, which then prompted Department of Justice and EPA investigations, which are ongoing.

By John A. Sheehan

6 minute read

September 17, 2023 | New York Law Journal

This article explains a victim's restitution rights and the procedures for vindicating them, as well as the advantages a restitution application offers. It also explains how the restitution process works and highlights several cases that show the importance of a victim's ability to claim restitution.

By Seth Farber, Marcelo Blackburn and Sarah Viebrock

18 minute read

September 14, 2023 | New York Law Journal

The U.S. District Court for the District of Columbia recently upheld a final refusal by the U.S. Copyright Office to register a visual work that was not the product of human authorship but was instead created by a computer algorithm. The sole legal issue of the case, Thaler v. Perlmutter, was whether a work autonomously generated by an AI system is copyrightable.

By Robert W. Clarida and Thomas Kjellberg

7 minute read

September 14, 2023 | New York Law Journal

Skadden partners Kenneth Schwartz and Karen Lent interviewed Shaoul Sussman, the FTC's Associate Director for Litigation in the Bureau of Competition, to discuss the FTC's thinking behind the recently released draft merger guidelines.

By Karen Hoffman Lent and Kenneth Schwartz

18 minute read

September 13, 2023 | New York Law Journal

In their Environmental Law column, Michael B. Gerrard and Edward McTiernan review New York's requirements for long-term property stewardship when residual contamination remains in place. They also discuss recently proposed NYSDEC guidance that will add a requirement to provide financial assurance to these long-term obligations.

By Michael B. Gerrard and Edward McTiernan

10 minute read

September 13, 2023 | New York Law Journal

The cryptocurrency industry and its watchers are as keen as ever on gaining clear guidance on when, and how, the sale of a digital asset constitutes an unregistered securities offering. However, two recent SDNY cases considered this question and reached differing conclusions.

By Daphne Morduchowitz, Puya Partow-Navid and Matthew Catalano

7 minute read