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New York Law Journal

Licensees in the Ordinary Course of Business: What's Exclusive and What's Not

'North Star' underscores the important distinction between nonexclusive and exclusive license agreements when foreclosing on a licensed asset. A licensee seeking to acquire use rights in trademarks encumbered by a perfected security interest should weigh the benefits under Section 9-321 of a nonexclusive license against possible commercial advantages of an exclusive license.
9 minute read

New York Law Journal

Constitutional Limits on Congressional Investigations Into Palestine-Israel Advocacy

This article discusses two McCarthy-era Supreme Court decisions in conjunction with a current Congressional investigation that highlight how the First Amendment significantly limits the otherwise broad investigative authority of Congress.
9 minute read

New York Law Journal

Attorney-Client Privilege and Dual-Purpose Communications

Inquiries received from Michael J. Hutter's previous Evidence column, together with the Supreme Court's grant of certiorari and then subsequent dismissal of the appeal as improvidently granted in 'In re Grand Jury', suggest a discussion of the status if dual purpose communications in New York is both timely and appropriate.
13 minute read

New York Law Journal

Denial of Building Permit Applications Appealed; Housing Discrimination: This Week in Scott Mollen's Realty Law Digest

In his Realty Law Digest, Scott Mollen discusses" BMG Monroe I LLC v. Village of Monroe," and "Housing Rights Initiative v. Corcoran Group."
18 minute read

New York Law Journal

The Year of Cyber Disclosures: Navigating the SEC's New Rules

In December, the SEC's new cybersecurity rules went into effect, requiring detailed reporting by public companies regarding cybersecurity risk management, strategy, governance and—perhaps most notably—incidents. This article offers a practical guide to navigating the new disclosure requirements and an overview of how some companies have already begun to respond, as well as analysis of the SEC's rule in the context of a broader trend of regulatory reporting requirements
10 minute read

New York Law Journal

The Legal Vision for the Future or an AI Hallucination? Navigating the Complexities of Attorney Ethics and Use of Artificial Intelligence

The evolution of AI programs presents an interesting dichotomy: If they are proven successful by increasing efficiency and enhancing effectiveness, should there also be a threshold mandate for their use in the legal profession, and if so, what ethical mandates should sit alongside such requirements?
9 minute read

New York Law Journal

NYC's Unfair Property Tax

A discussion of the recent case Tax Equity Now NY LLC v. City of New York which presents a critical examination of New York City's property tax system by the New York Court of Appeals.
4 minute read

New York Law Journal

Assessing the Legality of DEI Programs

This article analyzes cases decided both before and after the SFFA decision to illustrate how employers and courts have considered race in implementing and assessing the legality of diversity initiatives. It then proposes questions employers may consider to ensure legal compliance while also promoting diversity objectives.
9 minute read

New York Law Journal

Bills of Particulars and Partial Summary Judgment

In its recent decision in 'Carroll v. Niagara Falls Memorial Medical Center', the Fourth Department held that partial summary judgment should be granted only as to theories or claims of malpractice that were not addressed, and that an expert affirmation submitted in opposition is not required to address every allegation in a bill of particulars.
13 minute read

New York Law Journal

Enhancing Protective Orders To Address Generative AI

An e-discovery focused article on the risks of using AI to interrogate opposing productions both for the receiving and producing party and how parties should consider addressing it in protective orders. More details below:
7 minute read

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