May 16, 2024 | New York Law Journal
Supreme Court Resolves Split Regarding Copyright DamagesThe Supreme Court recently resolved a question regarding copyright actions that has generated conflicting results in the Courts of Appeal for years, but as a forceful dissent pointed out, it left open a more fundamental issue that could render the entire question moot.
By Robert W. Clarida and Thomas Kjellberg
10 minute read
May 15, 2024 | New York Law Journal
Shadow Trading: How Far Can the SEC Expand the Insider Trading Prohibition?The SEC's long, successful campaign against insider trading has been legally predicated on two words—"deceptive device"—in Section 10(b) in the Securities Exchange Act. In terms of its legal authority, the SEC has little else to rely on, as insider trading is nowhere defined in federal legislation.
By John Coffee
10 minute read
May 15, 2024 | New York Law Journal
Put PR To Work as an Effective Part of Strategic Law Firm Business DevelopmentA successful PR program not only aligns with business development strategy but also has a real role in driving it. With the right conversations, processes and buy-in—and a clear understanding of common hurdles—a PR program can be a key pillar in business development success.
By Penny Paul, Kelsey Eidbo and Jaylen Pearson
8 minute read
May 15, 2024 | New York Law Journal
'Farhy v. Commissioner': D.C. Circuit Reverses Win for TaxpayersThis article reviews the two decisions in 'Farhy v. Commissioner' and discusses the implications for determining the assessability of penalties going forward.
By Jeremy H. Temkin
8 minute read
May 14, 2024 | New York Law Journal
Starting Your Case: Preliminary Matters, Pleadings and Appearances in the NY Commercial DivisionThis article is part two in a series explaining the fundamentals of Commercial Division practice. It addresses the first steps taken when litigating in the Commercial Division, including preparation and filing of pleadings, appearances and corporate disclosure statements.
By Kevin V. Small, Joseph J. Saltarelli and Charlotte Leszinske
8 minute read
May 14, 2024 | New York Law Journal
Court of Appeals Overturns Weinstein Criminal ConvictionThe Court of Appeals recently overturned the criminal conviction of Hollywood producer Harvey Weinstein. The majority opinion reversed a decision of the Appellate Division, First Department that had affirmed Weinstein's conviction. There were two strongly worded dissents by Judges Singas and Cannataro.
By Linton Mann III and William T. Russell Jr.
7 minute read
May 13, 2024 | New York Law Journal
ABA's 2024 Antitrust Spring Meeting: Key Topics and TakeawaysThis article highlights the overarching themes from the American Bar Association's 2024 Antitrust Spring Meeting, including emerging technology, agency enforcement and prevailing competitive concerns.
By Karen Hoffman Lent and Kenneth Schwartz
11 minute read
May 10, 2024 | New York Law Journal
Growing Exterritorial Expansion of RICOWithin months of the Supreme Court's decision in 'Yegiazaryan v. Smagin', a significant number of federal appellate courts applied the new precedent with impressive speed, thoroughness and consistency. In doing so, the Courts of Appeals have expanded the scope of RICO into terrain in which older decisions had not dared to tread.
By Paul Batista
16 minute read
May 10, 2024 | New York Law Journal
Action Over Unease: What Happens Post-Tender Acceptance?The primary focus of most litigation in the United States is on the defendant's liability to the plaintiff. In the unique world of New York Labor Law claims, however, risk transfer issues among defendants and third-party defendants often become the main event.
By Laura B. Dowgin and Hilary Simon
7 minute read
May 10, 2024 | New York Law Journal
Meet the New Boss, Same as the Old Boss: The New Old Independent Contractor RulesThe U.S. Department of Labor's new independent contractor regulations, effective March 11, 2024, replace a previous set of regulations issued under the Trump administration in 2021; however, the new rule is not really new.
By Jared Cook and Allen A. Shoikhetbrod
8 minute read
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