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New York Law Journal

When There Are No Custody Heartstrings To Pull

There is something about parental arguments over children, otherwise known as custody disputes in the matrimonial arena, that generate a spectrum of emotions not seen in the context of disputes over dollars.
8 minute read

New York Law Journal

AI Deepfakes: Unauthorized Depictions and Protection of Property Rights to Name, Image and Likeness

The recently introduced No AI FRAUD Act proposes to protect each individual's right to control the use of their own likeness and voice against unsanctioned use of AI-generated content. This seeks to fill a gap left by a patchwork of state and federal protections in IP and privacy laws and regulations.
9 minute read

New York Law Journal

Clone Discovery Must Meet Relevance, Proportionality, Particularity Requirements 

Despite the ubiquity of requests for clone discovery, few cases confront their complexity and analyze the issues involved. But in 'United States v. Anthem', the court explored the various challenges presented in clone discovery and ultimately offered a middle-ground approach that balances the burdens and benefits of sharing such data.
8 minute read

New York Law Journal

Model Law: The New York Fashion Workers Act

A discussion of The New York State Fashion Workers Act (Senate Bill S.2477D/ Assembly Bill A.5631D), a proposed pro-labor bill that will regulate model management companies by giving models and other creative workers basic labor rights and protections.
5 minute read

New York Law Journal

Lay Opinion Identification Testimony: The New 'Mosley' Hearing

Surveillance technology has become a staple in criminal trials; with increasing frequency, prosecutors are offering surveillance video recordings as part of their evidence-in-chief. The New York Court of Appeals has now held that, under certain circumstances, a person who is not an eyewitness to the crime can testify at trial that the defendant is the person depicted in the video.
9 minute read

New York Law Journal

Recent Appellate Decisions on Discovery

Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.
12 minute read

New York Law Journal

Hitting 'Pause' on the Corporate Transparency Act: Part I

In this first article of his two-part series, Anthony Sabino discusses 'National Small Business United v. Yellen,' which held the Corporate Transparency Act to be unconstitutional on multiple grounds. This installment summarizes the regulatory scheme and analyzes the district court's holdings.
8 minute read

New York Law Journal

Mid-Way Point: Cases That Rounded Out the Winter Season

As the winter season concludes and we enter the year's half-way mark, Ilene Sherwyn Cooper notes several decisions rendered by the Surrogate's and Appellate courts affecting the field of trusts and estates.
10 minute read

New York Law Journal

Small Passenger Vessel Liability Fairness Act Has No Retroactive Application to Previous Maritime Incidents

President Biden's recently signed Small Passenger Vessel Liability Fairness Act states that the LOLA does not apply to "small passenger vessels." The new act does not apply retroactively to small passenger shipowners that have a pending limitation proceeding in federal court that pre-dates Dec. 23, 2022.
5 minute read

New York Law Journal

Federal Rule of Evidence 413 and Harvey Weinstein

Following last month's reversal of Harvey Weinstein's sexual assault convictions, a bill is receiving consideration in the New York State Legislature that would essentially adopt Rule 413 for New York. Should it become law?
9 minute read

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