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New York Law Journal

Splitting the (Painting of the) Baby: The Issue of Fine Art in Prenups and Divorces

Under the backdrop of the case 'Macklowe v. Macklowe,', the authors discuss how many of the unique challenges that fine art poses in a divorce can be preempted with a prenuptial agreement.
8 minute read

New York Law Journal

About That Hedge: How Borrowers and Lenders Have Gotten Creative With Hedging Commercial Real Estate Loans in a Heightened Interest Rate Environment

"While real estate publications and practitioners have written ad nauseam about the impacts of high interest rates on the commercial real estate industry, this article focuses specifically on how borrowers and lenders have gotten creative in negotiating and structuring interest rate hedges (namely interest rate caps), or avoiding them altogether."
6 minute read

New York Law Journal

'Polaroid' Developments in the Digital World: Court Examines Trademark Infringement in Social Media

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.
12 minute read

New York Law Journal

Labor Law §240(1): What is a Permanent Staircase?

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).
7 minute read

New York Law Journal

Is Invasion of Privacy an Appropriate Analogue for Data Breach Cases?

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.
8 minute read

New York Law Journal

The Future of FDA Policy: Reflections From the Summer of 'Chevron'

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."
8 minute read

New York Law Journal

One Down, Many More to Go: Non-Compete 'Bans' After FTC's Rule Struck Down

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."
8 minute read

New York Law Journal

Getting the Last Word In: Risks and Rewards of Allocution

Allocution is designed to temper punishment with mercy in appropriate cases and to ensure that sentencing reflects individualized circumstances.
9 minute read

New York Law Journal

Deciphering an Illegible Deed; Baseless Objections to Receivership: This Week in Scott Mollen's Realty Law Digest

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.
14 minute read

New York Law Journal

Dark Patterns: The Deceitful Art of Manipulating Users

While these deceptive practices may offer short-term gains for companies, they ultimately undermine consumer trust and can lead to significant legal repercussions.
6 minute read

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