New York Law Journal | Analysis
By Paul R. Niehaus and Emily B. Kirsch | May 10, 2018
Recent developments in the Second Circuit's interpretation of the Fair Debt Collections Practices Act have undermined the security of the safe harbor previously established by the court, and have created a situation whereby almost any debt collection letter is susceptible to claims that it violates FDCPA. Fortunately, the Second Circuit has ample opportunity to rectify the current situation and provide clear rules for all parties.
New York Law Journal | Analysis
By Zack Hadzismajlovic | May 10, 2018
On April 19, 2018, our current President issued National Security Presidential Memorandum No. NSPM-10 outlining the new Conventional Arms Transfer (CAT) Policy. The new CAT policy is clear: We're here to deal!
New York Law Journal | Analysis
By Michael B. Gerrard and Edward McTiernan | May 9, 2018
Environmental Law columnists Michael B. Gerrard and Edward McTiernan address a state statute, Article X of the Public Service Law, which allows the state to override local laws that are making it more difficult for the state to meet its renewable energy goals. The authors discuss the history and contents of Article X, the case law under it and its predecessors, and how it can be used to help the construction of renewable energy facilities.
By Scott E. Mollen | May 9, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the landlord-tenant case “West Village Houses Renters Union v. WVH Housing Development Fund,” and the environmental law case “U.S. v. Whitehill.”
New York Law Journal | Analysis
By Kathleen A. Scott | May 8, 2018
On April 20, 2018, the Financial Stability Board, an organization of international financial regulators that monitors and makes recommendations about the global financial system, issued a set of options it is calling a “toolkit” to assist regulators in determining how best to address conduct issues in their respective jurisdictions. International Banking columnist Kathleen A. Scott discusses the highlights of the toolkit.
New York Law Journal | Analysis
By Lewis R. Clayton and Eric Alan Stone | May 8, 2018
In 'Samsung Electronics Co. v. Apple', the U.S. Supreme Court held that an award of a design-patent infringer's total profit on an infringing article of manufacture under 35 U.S.C. §289 need not be calculated based on the end product sold to the consumer, but may instead be calculated based on only a component of that product. The court, however, did not adopt a test to determine the relevant article of manufacture. Intellectual Property Litigation columnists Lewis R. Clayton and Eric Alan Stone report on subsequent district court decisions that have begun to establish a test for determining the relevant article of manufacture.
New York Law Journal | Best Practices|Analysis
By Scott M. Himes | May 8, 2018
“Communicating your story credibly” should be the mantra for preparing and trying your case. Those few words speak volumes about how to win the case.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | May 7, 2018
Technology Law columnists Richard Raysman and Peter Brown discuss a recent case in federal court in Illinois that deals with interpreting an “incorporation by reference” provision in two software licenses and a related deferred payment agreement.
New York Law Journal | Analysis
By Shepard Goldfein and Karen Hoffman Lent | May 7, 2018
Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent discuss a case in which the U.S. Supreme Court recently heard oral argument. The court's decision will help clarify whether the Sherman Act can be used to police anticompetitive behaviors that were supposedly compelled by foreign law.
New York Law Journal | Analysis
By Gene Lee, Joseph Reid and Caroline A. Teichner | May 7, 2018
On April 16, 2018, the U.S. Supreme Court heard arguments in 'WesternGeco v. ION Geophysical', a case raising important issues about the extraterritorial reach of U.S. patent law—namely, whether a patentee can recover lost profits stemming from the non-infringing use, outside the United States, of a system found to infringe domestically under §271(f) of the Patent Act.
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