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New York Law Journal

New York Environmental Legislation in 2023

In his Environmental Law column, Michael B. Gerrard reviews both new and amended environmental and energy laws enacted by the state of New York in 2023.
12 minute read

New York Law Journal

Actual Authority in Agency Law; Equitable Rights of Redemption: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses Penichter v. Schroeder," and "DCH LEX Propco GP v. YS 541 Lexington Holdings."
12 minute read

New York Law Journal

The 'Wavy Baby' Case and Consideration of Expressive Works in the Second Circuit

The Second Circuit recently determined that no special First Amendment protections applied to a defendant's use of the Vans Old Skool shoe trademark in selling its own shoes purportedly intended as a critique of sneaker culture. It affirmed the district court's entry of a preliminary injunction against the defendant, finding the plaintiff was likely to succeed on its trademark infringement claim under the Lanham Act. In doing so, it issued its first opinion applying the Supreme Court's June 2023 decision in 'Jack Daniel's Properties v. VIP Products'.
8 minute read

New York Law Journal

AI Regulation in 2024 and Beyond

An examination of recent tensions between AI development and safety, including a review President Biden's Oct. 30 executive order on AI and a look at regulation efforts in the states and in the EU. The author also provides key considerations for businesses as they think about how to integrate AI technology.
10 minute read

New York Law Journal

Choice Hotels' Hostile Bid To Take Over Wyndham Hotels

A discussion of the background and implications surrounding Choice Hotels International's recent announcement of its hostile bid to take over the outstanding shares of its competitor Wyndham Hotels & Resorts which is publically opposed to the merger.
7 minute read

New York Law Journal

Aviation Federal Preemption and Products Liability Standards

The most hotly contested aviation law issue in the United States has been whether and to what extent federal law preempts state law. The stakes in the fight over preemption are high because a preemption finding can truly lead to virtual immunity for an aviation manufacturer of a defective product. Given these stakes, the authors of this article address the state of play in the Second Circuit given the recent 'Jones' decision.
14 minute read

New York Law Journal

Artificial Intelligence Targeted in Recent EU Legislation

Some view AI as a significant threat to privacy, national security, workers' rights and intellectual property. While U.S. political leaders, military experts and tech company executives have all engaged in handwringing, the European Union took action to try to tame the AI tiger.
8 minute read

New York Law Journal

NY Courts Revisit CPLR 3213 Statute's Applicability to 'Bad Boy' Guarantees

Financial institutions seeking to recover on promissory notes and unconditional guarantees can often obtain quick relief from CPLR 3213, but only if claims are "for the payment of money only." However, not all guarantees are eligible for expedited treatment under CPLR 3213.
6 minute read

New York Law Journal

Euthanizing Pets During Divorce: It's Complicated

"Perhaps the simplest way to assess the issue is this: Would you ever consider listing a dog, or a cat, as an 'asset' on a statement of net worth? If so, would you list the pet under the heading 'household furnishings,' or would you list the pet in the 'other' assets category?" Alan Feignebaum discusses Judge Edmund M. Dane's recent decision in C.M. v. E.M. on this issue.
6 minute read

New York Law Journal

Antitrust Yearly Recap: Agency Scrutiny Expands in Scope and Depth

In their Antitrust Trade and Practice Column, Karen Hoffman Lent and Kenneth Schwartz recap the major antitrust events of 2023 and highlight developments to look for in 2024.
12 minute read

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