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April 15, 2013 | New York Law Journal

Protecting Fashion Product Designs Under the Lanham Act

Darren W. Saunders, a partner at Manatt, Phelps & Phillips, and Alpa V. Patel, an associate with the firm, write that in the absence of fashion-specific legislation, fashion companies have turned to trademark/trade dress law. However, unlike copyright and design patent laws intended to reward artistic achievement and originality, trademark law is intended to prevent consumer confusion. As a result, proof of a trademark violation can be far more burdensome.
13 minute read
March 01, 2006 | New York Law Journal

Ex-Associate's Suit Over Bernstein Bonus Allowed to Proceed

6 minute read
July 30, 2013 | New York Law Journal

Bumpier Road to SEC Settlements? A Look at the Harbinger Case

In his Settlement and Compromise column, Thomas E.L. Dewey, a member of Dewey Pegno & Kramarsky, writes that the commissioners' rejection of the Harbinger settlement, coupled with its recent shift in policy regarding "neither admit nor deny" statements and the federal courts' heightened scrutiny over SEC settlements, suggests that litigants may have a tougher road to settlement than they have in the past.
9 minute read
December 28, 2010 | New York Law Journal

The Construction Contract: Lump Sum vs. Cost-Plus

Tarter Krinsky & Drogin partner David J. Pfeffer discusses the advantages and disadvantages of the most common construction contract options: a lump sum contract, which is easy to manage if the project details are well-defined at the time of the bid, and cost-plus fee contract, which allows an owner to have more flexibility to change designs and materials as the project proceeds.
6 minute read
January 31, 2008 | New York Law Journal

'Calyon': Mortgage Loan Investors and 'Safe Harbors'

Ana M. Alfonso, a partner at Kaye Scholer, and Nicholas J. Cremona, a senior associate at the firm, write that in a recent opinion with significant implications for investors in mortgage loan portfolios and related products, particularly those party to mortgage loan repurchase agreements, the U.S. Bankruptcy Court for the District of Delaware construed the expanded "safe harbor" provisions under the Bankruptcy Code for repurchase agreements and securities contracts.
15 minute read
January 18, 2005 | New York Law Journal

State Bar's New Lobbyist Is Skilled Bill Writer

5 minute read
January 03, 2007 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law, discusses a recent case which provides a good roadmap with respect to determining an appropriate amount of use and occupancy and damages for partial constructive eviction and demonstrates why attorneys should strive to make sure that their experts' conclusions are supported by current and accurate market data.
16 minute read
September 08, 2010 | New York Law Journal

Marketplace

Defense litigation law firm Aaronson Rappaport Feinstein & Deutsch will be setting up shop at 600 Third Ave., between East 39th and East 40th streets. The law firm signed a 15-year lease at the 42-story 560,000-square-foot tower that is managed by L&L Holding Company and owned by Third Avenue Tower Owner LLC.
2 minute read
May 13, 2004 | New York Law Journal

New Deals

Teams from Skadden and Wachtell work on SunTrust Bank's purchase of the National Commerce Financial Corporation, and Fried Frank and Gibson Dunn take part in the sale of an auto parts manufacturer.
3 minute read
May 16, 2006 | New York Law Journal

Trial Practice

Robert S. Kelner, senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that a missing witness charge may be significant in personal injury actions where a physician who might naturally be expected to testify for one of the parties is absent from the trial. The adverse inference that the charge permits may seriously undermine an adversary's case. It is crucial in preparing for trial to anticipate whether the absence of a medical witness will invoke this damaging charge.
13 minute read

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