Analysis

  • New York Law Journal | Analysis

    Has the Pendulum Swung? Potential for Convergence in U.S./EU Enforcement Post-Intel

    By Shepard Goldfein and James Keyte | October 11, 2017

    In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte discuss a September 2017 decision of the Court of Justice of the European Union, which set aside a 2014 General Court of the EU judgment that upheld a €1.06 billion fine imposed by the European Commission on Intel for abuse of its monopoly position.

  • New York Law Journal | Analysis

    Aesthetic Functionality Under the Trademark Laws

    By Howard Wintner | October 11, 2017

    Howard Wintner discusses a manner in which a trade dress can be deemed functional—“aesthetic functionality”—focusing on its application within the Second Circuit.

  • New York Law Journal | Analysis

    Anonymous LLC Ownership of Real Estate: A Lawyer's Obligations

    By Patrick O'Sullivan | October 11, 2017

    Patrick O'Sullivan writes: While real estate ownership by limited liability companies remains an area of focus for government agencies seeking to root out money laundering and terrorism financing, a growing area of interest is the obligations of real estate lawyers in preventing the use of these entities to further criminal activities.

  • New York Law Journal | Analysis

    Sheltering the Homeless in Rent Stabilized Units

    By By Adam Leitman Bailey and Dov Treiman | October 10, 2017

    Adam Leitman Bailey and Dov Treiman discuss how, with homeless populations continuing to swell and charitable organizations looking to help house them, a thorough understanding of the applicable principles of rent stabilization is becoming increasingly essential. They discuss the recent decision of the Appellate Term, First Department in '2363 ACP Pineapple v. Iris House,' which they find highlights practitioners' misunderstanding of the theoretical issues involved.

  • New York Law Journal | Analysis

    Protecting Trade Secrets, Confidential Information From Unfair Competition Under NY Law

    By Guy Allen | October 10, 2017

    Guy Allen writes: Because non-competition agreements are generally disfavored in New York, it is recommended that the employer, in order to put itself in the best position to protect itself against unscrupulous employees and competitors, and to protect the confidential information, trade secrets and customer relationships it worked so hard to develop, engage in the following practices from pre-hiring through post-employment.

  • New York Law Journal | Analysis

    New York Inches Its Way Toward Easier Ballot Access

    By Jerry H. Goldfeder and Myrna Pérez | October 10, 2017

    In their Government and Election Law column, Jerry H. Goldfeder and Myrna Pérez write: New York's ballot access requirements are still a minefield, but seem to be slowly becoming easier to navigate.

  • New York Law Journal | Analysis

    Receipts and Releases: A Word to the Wise

    By Ilene Sherwyn Cooper | October 10, 2017

    In her Trusts and Estates Update, Ilene Sherwyn Cooper writes: Recently, the Surrogate's Court and the Appellate Division had occasion to provide additional instruction on the impact of receipts and releases through the decisions in 'In re Salz' and 'Matter of Lee'.

  • New York Law Journal | Analysis

    When Terms of Use Put 'Reasonably Prudent User' on Notice

    By Richard Raysman and Peter Brown | October 6, 2017

    In their Privacy Matters column, Richard Raysman and Peter Brown discuss a recent SDNY decision premised on the reality that a "reasonable" Internet user would know that a blue highlighted hyperlink is the archetypal command to a user that the entirety of the referenced document can be viewed by clicking on the hyperlink.

  • New York Law Journal | Analysis

    New Criminal Justice Legislation: Part One

    By Barry Kamins | October 6, 2017

    In his Criminal Law and Procedure column, Barry Kamins presents a review of new legislation amending the Penal Law, Criminal Procedure Law and other related statutes. His discussion highlights key provisions of the new laws.

  • New York Law Journal | Analysis

    Unreliable Methodologies Doom Neck Brace Experts

    By Michael Hoenig | October 6, 2017

    In his Complex Litigation column, Michael Hoenig discusses rulings in 'Lyons v. Leatt Corp.' The rulings are lengthy and detailed, but the reader should not bail out on reviewing them. There are valuable lessons to be learned.

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