Kylie Marshall

August 27, 2023 | New York Law Journal

In this article, Stacy Marcus and Emily Faro discuss the increasing use of AI in the fashion and beauty industries. While its presence has resulted in many advances, the use of AI has introduced various legal challenges and risks as well.

By Stacy Marcus and Emily Faro

8 minute read

August 27, 2023 | New York Law Journal

This article discusses the Nike v. USAPE case and examines the potential effects and dangers of a wait-and-see approach in trademark enforcement.

By Benjamin S. Thompson and Robert X. Moorman

9 minute read

August 27, 2023 | New York Law Journal

This article covers how an estate planning organization was found to not qualify for federal income tax exemption under IRC §501(a) as an organization described in IRC §501(c)(3).

By Conrad Teitell

8 minute read

August 24, 2023 | New York Law Journal

This article discusses the Smagin v. Yegiazaryan case and addresses how circumstances under which compensable domestic RICO injuries may arise can provide guidance to would-be foreign-based putative plaintiffs in determining whether the circumstances in their cases give rise to domestic RICO injuries.

By Lawrence W. Newman and David Zaslowsky

8 minute read

August 24, 2023 | Law.com

Recently, the United States Court of Appeals for the Fourth Circuit considered whether "gruyere" cheese can be registered as a trademark in the United States, or whether it is merely a generic term that is not entitled to trademark protection.

By Mike Mitchell, Ed Roche and Mark Rothrock

5 minute read

August 23, 2023 | New York Law Journal

In her Distressed Mergers and Acquisitions column, Corinne Ball discusses 'In re Serta Simmons Bedding,' where, "ruling on the validity of the PET, the court addressed the role of equity, as well as the covenant of good faith and fair dealing, emphasizing that lender versus lender warfare is a "winner-take-all battle."

By Corinne Ball

15 minute read

August 23, 2023 | New York Law Journal

In this article, Marc Lieberstein and Christopher Caiaccio discuss whether a franchisor may be held vicariously liable for the actions of a franchisee or the franchisee's employee in a wrongful death action and suggest ways a franchisor may be able to avoid such liability.

By Marc A. Lieberstein and Christopher M. Caiaccio

7 minute read

August 22, 2023 | New York Law Journal

This article addresses the Second Circuit's decision on whether Connecticut's repeal of religious exemptions from vaccination requirements for children to attend schools violated various constitutional rights. This decision will likely be an important precedent for policymakers considering similar bills in the wake of the public debate surrounding vaccination mandates in the post-COVID-19 world.

By Martin Flumenbaum and Brad S. Karp

6 minute read

August 22, 2023 | New York Law Journal

Since the pandemic, turnover in the leadership ranks of major law firms has been increasing. Transitions can cause anxiety and uncertainty—especially if firms don't have a clear and consistent messaging. With a good plan, however, firms can use transitions as a way to re-tell their story.

By Jamie Diaferia and Andrew Longstreth

7 minute read

August 21, 2023 | National Law Journal

This article addresses the consequences of federal prosecutors increasingly opting to label likely-guiltless parties as "subjects" rather than "witnesses" and suggests how clarity could be provided moving forward.

By Zach Terwilliger, Brittany Harwood, Reem Gerais and Alex Rant

7 minute read