June 26, 2020 | National Law Journal
Should the Law Treat Profit Awards Differently in Trademark Infringement and Dilution Cases?In "Romag Fasteners v. Fossil Group," the Supreme Court stressed that bad faith remains an important factor in determining whether to award profits in infringement cases, and willfulness remains a requirement in dilution cases. It is clear that there are theoretical reasons to explain why willfulness is treated as a threshold requirement in one and not the other.
By Howard Hogan, Connor Sullivan, and Sheri Pan
6 minute read
April 28, 2020 | New York Law Journal
Can Defendants Use Plaintiffs' Evidence To Show Fault of Third Parties? The Apportionment of Liability Under Article 16With respect to the defendant's burden of proof—and what evidence it may use to meet that burden—the question arises: Must the defendant make its own, affirmative showing of non-parties' potential liability? Or can it rely instead on evidence introduced by the plaintiff?
By Daniel M. Sullivan and Evan H. Stein
9 minute read
April 20, 2020 | New York Law Journal
Three Ways Courts Can Support Financial Self-Sufficiency in the Case of Mid-Life DivorceIf the purpose of maintenance is truly to tide the dependent spouse over until he/she can achieve self-sufficiency, then courts should consider practical issues that arise for the dependent spouse needing to be retrained.
By Alyssa A. Rower and Leslie Stewart Sullivan
6 minute read
April 06, 2020 | Litigation Daily
The Southern District of New York Held that Bangladesh Bank's Litigation to Recover Over $81 Million in Stolen Funds Was Properly Located in New York"While this sounds like a movie, it is not. It is real, and it is tragic. It involves the callous theft of much needed funds from the people of Bangladesh, for which the Bank serves as the Central Bank," write John J. Sullivan and Jesse Ryan Loffler.
By John J. Sullivan and Jesse Ryan Loffler
8 minute read
March 27, 2020 | New York Law Journal
Compliance and Ethics Programs: The First Line of Defense for Public CompaniesIn the wake of increased guidance from regulators, companies should expect much less sympathy when they fail to implement programs and policies according to that guidance.
By John J. Carney, William B. Waldie and Kayley Sullivan
8 minute read
March 06, 2020 | New York Law Journal
Digging Deep: Practical Tips To 'Bury' an Expert Witness on Cross-ExaminationThis list will serve as a practical starting point to begin developing creative points for an effective cross-examination of the other side's expert.
By Diane P. Sullivan and Jed P. Winer
6 minute read
January 11, 2019 | The Legal Intelligencer
Study: Major Benefits Seen in Investing in Counsel for Low-Income Tenants Facing EvictionOn Nov. 13, 2018, the Philadelphia Bar Association's Civil Gideon and Access to Justice Task Force released a landmark cost-benefit study that addressed in detail the benefits to low-income tenants—and to the city of Philadelphia—of providing legal representation to tenants facing eviction in court proceedings.
By Joseph A. Sullivan
6 minute read
December 05, 2018 | New York Law Journal
New Comprehensive State Lobbying RegulationsFor the first time in the more than 40-year history of state-regulated lobbying, the Joint Commission on Public Ethics has promulgated expansive regulations. The new regulations are effective on Jan. 1, 2019 and are the product of a two-year effort by JCOPE designed to provide greater clarity for the lobbying industry. The new regulations also strengthen JCOPE's enforcement hand. The impact of these regulations is expected to be significant among lobbyists and clients of lobbyists in New York.
By Karl J. Sleight and Joan P. Sullivan
8 minute read
July 10, 2018 | Daily Business Review
Why 'Bristol Myers' Doesn't Apply to Class ActionsClass action defendants are attempting to rewrite longstanding principles of personal jurisdiction, trying to defeat certification of nationwide classes by arguing that a court lacks personal jurisdiction over out-of-state class members' claims where the defendant does not reside in the court's forum state.
By Tal J. Lifshitz and Rachel Sullivan
1 minute read
June 14, 2018 | The American Lawyer
The Keys to Putting Together a Decent ProposalWhen responding to a request for proposal, ask yourself some tough questions before taking action.
By Kevin L. Sullivan and Maxine Wilson
7 minute read
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