November 07, 2023 | New York Law Journal
White-Collar Criminal Enforcement and National SecurityThis article discusses the DOJ's national security enforcement initiatives and highlights cases that are representative of this new focus. It also touches on the M&A Safe Harbor Policy and how it complements and reinforces the DOJ's current voluntary disclosure policy.
By Elkan Abramowitz and Jonathan S. Sack
10 minute read
November 07, 2023 | New York Law Journal
AI-Generated Artwork and Copyright OwnershipThe U.S. District Court for the District of Columbia, in line with the U.S. Copyright Office's determination, found that the generative AI-created artwork at issue in 'Thaler v. Perlmutter' did not satisfy the Copyright Act's "human authorship" requirements.
By Catherine Nyarady and Crystal Parker
7 minute read
November 06, 2023 | New York Law Journal
Ninth Circuit Panel Recognizes U.S. Corporate Accessorial Liability Under Alien Tort Statute and Torture ActIn his Foreign Relations Law column, Samuel Estreicher discusses how a Ninth Circuit panel in 'Doe I v. Cisco Systems' recently gave new life to the Alien Tort Statute, which has become a major focus of human rights litigation seeking redress for injuries levied by violators of international law norms.
By Samuel Estreicher
6 minute read
November 06, 2023 | New York Law Journal
Section 1983 Fabricated Evidence Claims—Focus on 'Barnes v. City of New York'Police fabrication of evidence gives rise to a steady stream of §1983 fabrication of evidence claims, which frequently raise important, difficult legal issues. The recent decision in 'Barnes v. City of New York' illustrates some of the complications that can arise.
By Martin A. Schwartz
10 minute read
November 06, 2023 | New York Law Journal
A Negligent Cybersecurity Breach?As businesses are more and more getting hit with cybersecurity attacks, plaintiffs often sue under a plethora of claims seeking to recover damages. This article focuses on the common law cause of action of negligence for an entity's alleged failure to maintain adequate cybersecurity protections.
By Mark A. Berman
7 minute read
November 03, 2023 | New York Law Journal
How To Conduct a Compliant Business Reorganization or Reduction in ForceBusiness reorganizations and reductions in force are a normal part of the business lifecycle, particularly during an adverse economic period. This article discusses some of the more common legal risks associated with reorganization methods, as well as best practices to mitigate those risks.
By Mark S. Goldstein and Marguerite G. Snyder
8 minute read
November 03, 2023 | New York Law Journal
Understanding the Push To Eliminate Non-Compete AgreementsIn this article, Seth M. Pavsner and Tyler Mitchell discuss the Federal Trade Commission's new proposed rule that would classify non-compete agreements in employment contracts as an "unfair method of competition."
By Seth M. Pavsner and Tyler Mitchell
8 minute read
November 03, 2023 | New York Law Journal
Measuring Up New York City's New Ban on Height and Weight DiscriminationLater this month, height and weight discrimination in employment, housing and public accommodations will no longer be legal in New York City. This article examines the issues New York City employers and employment law practitioners can expect to grapple with under this new ordinance.
By Eric G. Hoffman
8 minute read
November 03, 2023 | New York Law Journal
DEI Litigation Trends and Risk Mitigation: More Than SemanticsUsing precise, thoughtful language in communication about DEI initiatives, both internally and externally, can take the proverbial bullseye off a company. The authors of this column offer some specific examples of how this plays out in practice, identifying high-risk and low-risk alternatives in five common scenarios.
By Richard Kidd, Greg Demers and Renai Rodney
8 minute read
November 03, 2023 | New York Law Journal
Pregnant Workers Fairness Act Delivers New Obligations for EmployersIn this article, Christopher J. Collins and Lindsay C. Stone summarize the key features of the Pregnancy Workers Fairness Act, highlight areas that will require special attention and provide practical suggestions for compliance.
By Christopher J. Collins and Lindsay C. Stone
8 minute read
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