Expert Opinion

  • New York Law Journal | Expert Opinion

    When There Are No Custody Heartstrings To Pull

    By Alan Feigenbaum | June 4, 2024

    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.

  • New York Law Journal | Expert Opinion

    Federal Rule of Evidence 413 and Harvey Weinstein

    By Paul Shechtman | May 30, 2024

    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?

  • Corporate Counsel | Expert Opinion

    How to Take Ownership of Your Company's IP

    By Jason Balich & Brandon Blackwell | May 21, 2024

    For most companies, IP is their most valuable asset. When IP is created, the employee or consultant who created it freely (usually) assigns it to their employer or client. But sometimes, something goes wrong. Relationships can sour. The employee or consultant can leave. Or, the person might even pass away. If any of these things happen when there is no written assignment of the IP to the company, things can get messy.

  • Corporate Counsel | Expert Opinion

    A New Era of Influence: A Swift Take on Branding, Computer-Generated Influencers and Deepfakes

    By Cynthia Cole, Alysha Preston and Inez Asante | May 20, 2024

    A-list celebrities like Taylor Swift are not the only ones leveraging their influence to promote and sell products and services. Streamers, vloggers, and other creatives are using their platforms to influence today's consumer trends. However, a steep rise in the use of GenAI and computer-generated influencers brings with it new marketing risks and considerations for celebrities, influencers, and businesses alike.

  • New York Law Journal | Expert Opinion

    Habeas Law and the Sex Shaming of Brenda Andrew

    By Paul Shechtman | May 15, 2024

    Brenda Andrew's was convicted in Oklahoma of her estranged husband's murder in a trial in which the prosecutor dangled her throng underwear before the jury and otherwise "sex shamed" her. She has petitioned the U.S. Supreme Court to hear her case. Do the constraints of federal habeas law (AEDPA) make that unlikely?

  • Law.com | Expert Opinion

    Using AI to Predict Outcomes in Class Action Litigation

    By Daniel B. Garrie and Michael Mann | May 3, 2024

    While AI in the legal profession still has a long way to go before it truly replaces the role of lawyers and judges on a large scale, AI has many uses that can increase efficiency. It is likely that we will only see AI take on a larger role and continue to change the way we practice law.

  • New York Law Journal | Expert Opinion

    Family Court Appeals—Traps and Tips

    By Cynthia Feathers | May 3, 2024

    A discussion of the common threshold pitfalls to avoid under the Family Court Act, as well as under CPLR provisions that apply to Family Court cases and appeals pursuant to Family Ct Act §§165 (a) and 1118. It suggests seven questions counsel should consider upon entry of an adverse order in Family Court.

  • New York Law Journal | Expert Opinion

    Nominal Sale Bid – The Court Stumbles (Partly)

    By Bruce J. Bergman | April 30, 2024

    In a continuation of his discussion on the efficacy of a plaintiff's nominal bid at a foreclosure sale, Bruce Bergman takes issue with the Third Department in its ruling in 'Wilmington Savings Fund Society FSB v. Oppitz.'

  • New York Law Journal | Expert Opinion

    Reconsidering the Pre-Nup

    By David I. Faust | April 30, 2024

    Wedding season is just around the corner, which is a good time to reconsider pre-nups. What are the origins of these agreements and why can they be so tricky for attorneys to negotiate? David I. Faust, partner at Gallet Dreyer & Berkey, explores the legal basis for pre-nups and cohabitation agreements and that, far from being cynical, they're a healthy way to build a solid foundation for a successful relationship.

  • New York Law Journal | Expert Opinion

    The Family Court is Just Another Court—Or is It?

    By Merril Sobie | April 26, 2024

    To an observer, Family Court appears to be, with minor exception, similar to every judicial tribunal. However, the foundation, philosophy, and experiences of Family Court are unique.

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