Kylie Marshall

January 10, 2024 | New York Law Journal

Leaders and legislative bodies worldwide have used their authority to harness GenAI's transformative power and mitigate risks—albeit at different paces and with different priorities and approaches. This divergence is particularly evident when comparing the GenAI laws enacted in the People's Republic of China with the nascent efforts of President Biden and Congress to respond to these new challenges.

By Jennifer M. Driscoll

6 minute read

January 10, 2024 | New York Law Journal

In his Environmental Law column, Michael B. Gerrard reviews both new and amended environmental and energy laws enacted by the state of New York in 2023.

By Michael B. Gerrard

12 minute read

January 09, 2024 | New York Law Journal

The Second Circuit recently determined that no special First Amendment protections applied to a defendant's use of the Vans Old Skool shoe trademark in selling its own shoes purportedly intended as a critique of sneaker culture. It affirmed the district court's entry of a preliminary injunction against the defendant, finding the plaintiff was likely to succeed on its trademark infringement claim under the Lanham Act. In doing so, it issued its first opinion applying the Supreme Court's June 2023 decision in 'Jack Daniel's Properties v. VIP Products'.

By Catherine Nyarady and Crystal Parker

8 minute read

January 09, 2024 | New York Law Journal

The most hotly contested aviation law issue in the United States has been whether and to what extent federal law preempts state law. The stakes in the fight over preemption are high because a preemption finding can truly lead to virtual immunity for an aviation manufacturer of a defective product. Given these stakes, the authors of this article address the state of play in the Second Circuit given the recent 'Jones' decision.

By Justin T. Green and Kevin Mahoney

14 minute read

January 08, 2024 | New York Law Journal

Some view AI as a significant threat to privacy, national security, workers' rights and intellectual property. While U.S. political leaders, military experts and tech company executives have all engaged in handwringing, the European Union took action to try to tame the AI tiger.

By Peter Brown

8 minute read

January 08, 2024 | New York Law Journal

Financial institutions seeking to recover on promissory notes and unconditional guarantees can often obtain quick relief from CPLR 3213, but only if claims are "for the payment of money only." However, not all guarantees are eligible for expedited treatment under CPLR 3213.

By Adam Safer and Muryum Khalid

6 minute read

January 08, 2024 | New York Law Journal

In their Antitrust Trade and Practice Column, Karen Hoffman Lent and Kenneth Schwartz recap the major antitrust events of 2023 and highlight developments to look for in 2024.

By Karen Hoffman Lent and Kenneth Schwartz

12 minute read

January 05, 2024 | New York Law Journal

Continued economic uncertainty will have significant implications for businesses and the law firms that work with them in the year ahead. Based on Aviva Will and David Perla's conversations with clients through their work at the intersection of law and finance, in this article they review key trends to anticipate in 2024.

By Aviva Will and David Perla

7 minute read

January 05, 2024 | New York Law Journal

In this article, Alice K. Jump and Ethan Krasnoo explore some of the issues raised by recent changes in employment law, as well as some specific requirements regarding waiting periods, tax implications, case dismissal requirements and enforceability under New York and federal law.

By Alice K. Jump and Ethan Krasnoo

8 minute read

January 05, 2024 | New York Law Journal

The importance of 'Badgerow' is its conclusion that a federal court faced with a petition to confirm or vacate an award under Sections 9 and 10 of the FAA could not "look through" the petition to the underlying arbitral controversy to determine grounds for federal court jurisdiction

By Suman Chakraborty

8 minute read