Patricia Kane

September 16, 2024 | New York Law Journal

A recent decision from Judge J. Paul Oetken of the Southern District of New York undertakes a detailed analysis of the 'Polaroid' factors in assessing the potential for customer confusion, and provides some interesting insight.

By Stephen M. Kramarsky

12 minute read

September 16, 2024 | New York Law Journal

When an injury occurs on or as a result of a permanent staircase, there is a marked split in the case law of the First and Second Appellate Departments, who have reached starkly different conclusions on the issue of whether a permanent stairway is an elevated work platform or safety device protected under §240(1).

By Kevin G. Faley and Andrea M. Alonso

7 minute read

September 13, 2024 | New York Law Journal

The authors examine whether invasion of privacy torts—intentional torts—are actually analogous to data breaches where claims sound in negligence and the alleged harm may be a risk of future identity theft, rather than embarrassment or other dignitary harms. The diverging approaches of lower courts in addressing this question suggests a struggle with applying historical tradition to these novel data privacy claims.

By Judith Archer, Sean Topping and Joe Hughes

8 minute read

September 12, 2024 | New York Law Journal

"Instead of projecting your preferences onto your clients, the key to successful marketing, especially when it comes to thought leadership and PR, lies in understanding and catering to their specific needs and desires."

By Ioana Good

4 minute read

September 12, 2024 | New York Law Journal

Sheppard Mullin attorneys discuss 'Loper Bright Enterprises v. Raimondo' and include the considerations stemming from the decision, both generally and with respect to FDA practice, specifically. They write: "Now, after having spent the summer pouring over cases, articles, and thought leadership on the matter, we're not sure the win is so sweeping—especially in the U.S. Food & Drug Administration arena."

By Scott Liebman, Dominick DiSabatino and Audrey Mercer

8 minute read

September 11, 2024 | New York Law Journal

"To the mind of this author, the civic duty of a lawyer goes beyond understanding the underpinnings of a democratic system of government and advocating for clients on a case-by-case basis. Instead, I submit that the civic duty of a lawyer includes the need to engage in a dialogue—a civil dialogue—about what is happening in the world around us."

By Alan Feigenbaum

5 minute read

September 11, 2024 | New York Law Journal

A discussion of 'Ryan LLC v. FTC,' which set aside the Federal Trade Commission's nationwide non-compete ban. "In the wake of that ruling from Texas, employers across the country can breathe a sigh of relief, knowing that the ban did not go into effect on Sept. 4, 2024. But any respite may be temporary because of the uncertainty of the litigation process."

By Peter Wozniak and Samuel Rubinstein

8 minute read

September 10, 2024 | New York Law Journal

RFK Jr.'s ballot access fights have intensified in recent weeks, and his fight to get back onto the New York ballot isn't over. While it's still unknown whether New Yorkers will see RFK Jr.'s name on their ballots this November, it's clear that this fight isn't about liking or disliking Kennedy or his views; it's about the rule of law and adherence to longstanding precedents.

By Joseph Burns

7 minute read

September 10, 2024 | New York Law Journal

Scott Mollen discusses "Castaneda v. Serrano," involving an alleged forged deed, and "Federal National Mortgage Association v. 204 Ellery St." dealing with baseless objections to a receivership.

By Scott Mollen

14 minute read

September 09, 2024 | New York Law Journal

And other announcements of recent hirings and promotions of New York attorneys.

By Patricia Kane

4 minute read