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Kylie Marshall

Kylie Marshall

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May 07, 2024 | New York Law Journal

Amendment to Recent Appellate Practice Column

Elliott Scheinberg makes an amendment to his recent Appellate Practice column, "Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)," which the New York Law Journal published on May 1, 2024.

By Elliott Scheinberg

3 minute read

May 07, 2024 | New York Law Journal

'Bazdaric', the 'Integral to the Work' Defense and the 'Slippery Condition' Provision of Industrial Code 23

In his Construction Accident Litigation column, Brian J. Shoot focuses on a single Court of Appeals ruling, 'Bazdaric v. Almah Partners', and the two issues that were presented in that case.

By Brian J. Shoot

14 minute read

May 07, 2024 | New York Law Journal

Fourth Circuit Upholds Denial of Trademark Registration for Timberland Boot Design

On April 15, 2024, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision denying trademark registration to TBL Licensing LLC for its Timberland boots.

By Catherine Nyarady and Crystal Parker

9 minute read

May 06, 2024 | New York Law Journal

Cyber Incident Reporting for Critical Infrastructures: CISA Proposed Rule

This article focuses on the requirements of CISA's proposed cyber incident reporting rule, the compliance requirements for covered entities and the steps entities can take to protect themselves.

By Mark A. Berman, Jessica L. Copeland and Victoria M. Okraszewski

9 minute read

May 06, 2024 | New York Law Journal

Legislative Relief for Ground Lease Cooperatives: The Next Phase of Rent Regulation

Cooperative corporations and their shareholders allege that they are subjected to unpredictable and frequently significant rent increases when ground rents reset.

By Deborah E. Riegel

8 minute read

May 06, 2024 | New York Law Journal

The Social Media State Action Decision

Although Section 1983 and the Fourteenth Amendment draw a dichotomy between state action and private action, the real world is much messier than that. In 'Lindke v. Freed', the U.S. Supreme Court in a unanimous decision provided guidance for determining when a state or local official's social media activities constitute state action.

By Martin A. Schwartz

10 minute read

May 03, 2024 | New York Law Journal

Punishment for Civil Contempt

In an action for divorce, a court of record has the power to punish a spouse for contempt where he or she defaults in paying any sum of money required by the judgment or order. It may also punish a spouse for contempt where he or she disobeys any lawful mandate of the court.

By Joel R. Brandes

19 minute read

May 03, 2024 | New York Law Journal

Litigation Landslide: The Rise, Chaos and Future of Privacy Litigation

This article explores the cause of the rapid increase in privacy litigation, the challenges these cases bring and what the future may hold.

By Daniel S. Marvin

8 minute read

May 03, 2024 | New York Law Journal

Protecting CISOs from the Growing Risk of Personal Liability

To protect executives on the front lines of cybersecurity incidents, companies should be alert to the issues discussed below and consider implementing best practices aimed at reducing the potential liability of key stakeholders.

By Aravind Swaminathan, Joseph C. Santiesteban, Bradley A. Marcus and Benjamin Hutten

9 minute read

May 03, 2024 | New York Law Journal

Kettle of Phish: Defending Against Malicious Actors and Domain Disputes

Cyberattacks are on the rise. On a daily basis, malicious actors use emails or text messages to try and trick individuals into providing sensitive information. Importantly, a litigation-based remedy is available to blunt attacks implemented using a domain name created to cause confusion with the intended victim's actual domain name.

By Melanie L. Cyganowski, Erik B. Weinick and Alexandra Cosio-Marron

9 minute read