Kylie Marshall

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

September 13, 2023 | New York Law Journal

This column examines an emerging split over the treatment of 26 U.S.C. §6213(a), which provides taxpayers seeking relief from deficiencies found by the IRS with 90 days to file their Tax Court petitions.

By Jeremy H. Temkin

10 minute read

September 12, 2023 | New York Law Journal

This installment discusses a decision by U.S. District Judge David L. Hurd addressing a motion to intervene filed by the liquidators of a Ukrainian bank controlled by the Russian Federation whose assets were subject to a writ of execution in the Northern District of New York that was sought to satisfy a default judgment entered against the Taliban, Al-Qaeda, and the Haqqani Network in the Northern District of Texas as a result of personal injuries stemming from a 2016 terrorist attack.

By Adam R. Shaw and Jenna C. Smith

8 minute read

September 12, 2023 | New York Law Journal

In this article, Ioana Good presents a brief discussion on whether artificial intelligence will eventually replace the human element involved in SEO strategy and practices—and why that may not be the case.

By Ioana Good

3 minute read

September 12, 2023 | New York Law Journal

In this article, Catherine Nyarady and Crystal Parker discuss the pending 'Vidal v. Elster' Supreme Court case and whether a provision of the Lanham Act violates the First Amendment by barring registration of a trademark that contains criticism of a government official or public figure.

By Catherine Nyarady and Crystal Parker

8 minute read

September 11, 2023 | New York Law Journal

Like it or not, technological changes are on the horizon for the legal profession. This article highlights how lawyers will need to consider the ways in which technology tools can improve the way they serve insurers—while also being aware of the risks.

By Alan S. Rutkin and Mary Aperance

7 minute read