By Jeffrey Greene, Vejay Lalla and Allyson Madrid | March 22, 2019
Virtual models and influencers may function as trademarks, as works of visual art, as likenesses of real people, or as combinations of all three, raising new issues of intellectual property ownership and protection and implicate right of publicity and/or privacy concerns. CGI models and advertisements featuring them could also be subject to regulatory scrutiny both at the federal and state levels.
By Debra Doby and Michael Siem | March 22, 2019
Since the Hatch-Waxman Act has been in effect, there has been an increase in the number of challenges to patents covering chemical compounds. With the advent of inter partes reviews, the expectation was that there would be an uptick in compound claims being found obvious due to the expertise of the Patent Trial and Appeal Board. That has not been the case. Instead, as outlined here, the exact opposite has happened.
New York Law Journal | Analysis
By Angela Turturro | March 18, 2019
In this Special Report: "The Benefits of Real-Time Dispute Resolution," "Avoiding the 'Litigization' of Arbitration," "Recent Rulings Reaffirm Courts' High Degree of Deference to Arbitration Process," "A Closer Look: Mediation in Surrogate's Court," "Creative Mediation: Alleviating Commercial Division Congestion" and "Co-Mediating—Giving It a Chance."
By Leslie Wilsher, Hope Winthrop and JoAn Pangilinan-Taylor | March 15, 2019
Families are complex systems. Mediation allows the parties to address emotional and inter-relational matters that cannot be addressed in the courtroom, but that might otherwise impede the settlement process. Providing a forum in which parties can feel heard, instead of having “to prove,” may allow them to move past these obstacles, leading to a more expedient and efficient resolution.
By Mitchell Banas | March 15, 2019
Nothing can guarantee that your arbitration won't be "litigized" if that's what both sides really want and the arbitrator(s) allow(s). By following these steps, however, you can at least help make sure that it doesn't happen unwittingly.
By Gregg Weiner, Christian Reigstad and Dielai Yang | March 15, 2019
The Supreme Court's decision in 'Henry Schein', and the First Department's decisions in 'Daesang' and 'Spell', reaffirm that those courts will strictly enforce arbitration agreements on the front-end of the arbitration process, and afford a high degree of deference to the arbitrator's award at the back-end of the process.
By Kenneth M. Roberts | March 15, 2019
This article examines two options using Real-Time Dispute Resolution to avoid litigation on construction projects: Dispute Review Boards and the use of mediation during the course of a project to resolve issues. Both tools allow the parties to stay focused on the project and avoid getting caught up in commercial issues.
By Melvin L. Schweitzer | March 15, 2019
ADR has joined the Commercial Division with its own surge in popularity. It has enjoyed enormous growth in recent years as parties come to recognize its own benefits in addressing certain disputes. There is no reason why these two disciplines—litigation and mediation—cannot work in tandem to address the needs of our business community.
By Nancy Kramer | March 15, 2019
Co-mediation can be a useful process in numerous situations and should be a part of a mediator's tool kit.
New York Law Journal | Analysis
By Joseph Napoli | March 12, 2019
In an age where the personal injury lawyer glorifies mass tort litigation, MDLs, and class actions, I prefer the challenge of the car crash, slip and fall on debris or ice, construction worker accident, the defective product or the negligent doctor or hospital.
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