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.
New York Law Journal | Analysis
By Brian J. Fischer and Gretchen O. Stertz | May 7, 2018
it behooves any good litigator to take great care to dissect the idea misappropriation elements in as much detail as possible to ensure her client the best likelihood of success.
New York Law Journal | Analysis
By Anthony E. Davis and Steven M. Puiszis | May 4, 2018
In this Professional Responsibility column, Anthony E. Davis and Steven M. Puiszis write: If a law firm offers its services in the EU, and has personal information about residents of the EU, it is subject to the GDPR even in the absence of any other connection with the EU. Firms that have any personal information about any EU citizens must prepare to address the requirements of the Regulation before May 25, 2018.
New York Law Journal | Analysis
By C. Raymond Radigan and Lois Bladykas | May 4, 2018
In this Trusts and Estates Law column, C. Raymond Radigan and Lois Bladykas address the question: How do we protect our digital assets now, yet ensure access later by our trusted family member or fiduciary so that they can be marshaled and protected as part of our estate?
New York Law Journal | Analysis
By Scott D. Locke and Laura-Michelle Horgan | May 4, 2018
Recently and to the likely dismay of many foreign broadcasters, in 'Spanski Enterprises v. Telewizja Polska' the D.C. Circuit took up an issue of first impression for the federal appellate courts: whether any extraterritorial limits of the copyright law would relieve the liability of foreign content disseminators that send their content into the United States.
New York Law Journal | Analysis
By Evan H. Krinick | May 3, 2018
In his Insurance Fraud column, Evan H. Krinick writes: Four years ago, the New York Court of Appeals issued a decision which some thought might lead to more and more insurance brokers being sued by policyholders alleging that brokers had not obtained sufficient insurance or appropriate policies for them. Several recent cases illustrate that such claims are carefully scrutinized by the courts and make it clear that the floodgates have not opened and that brokers remain relatively well insulated from policyholder claims.
New York Law Journal | Analysis
By John M. Hillebrecht and Jessica A. Masella | May 3, 2018
Recent events have focused attention again on the ability of the Department of Justice and other government agencies to obtain documents located abroad.
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