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New York Law Journal

Internal Investigations and Self-Disclosures in a Time of Enhanced Whistleblower Incentives

In recent years, the DOJ has taken steps to incentivize disclosure of potential wrongdoing by companies and individuals. In light of new incentives for individual whistleblowers and the evolving expectations of enforcement officials, the stakes are high for in-house counsel and compliance officers to quickly assess the potential benefits and risks of making a voluntary self-disclosure.
8 minute read

New York Law Journal

'In re Cellect': How Patent Owners Can Protect Themselves From Obviousness-Type Double Patenting Invalidity Determinations

The recent case of 'In re Cellect' serves as a warning to patent owners who rely too heavily on the USPTO to completely and accurately examine their patent applications. This article presents patent owners with several options to consider to avoid a fate similar to Cellect.
7 minute read

New York Law Journal

Customer Agreements at the Intersection of Data and AI: Managing Risk and Preserving Value

Whether a provider or a consumer of data and AI services, companies must think through intellectual property and related contractual risks—both retrospectively, in terms of legacy customer agreements and prospectively, in terms of reworking them.
8 minute read

New York Law Journal

Social Media Account Ownership: When a Business Relationship Breaks Down, Who Gets the Accounts?

This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
8 minute read

New York Law Journal

Copyrightability of Works Created with Generative AI and Human Authorship

Creators using generative AI without meaningful human contributions should presume that the resulting content will not be protected by copyright, apart from potential compilation protection. The prospect of Congress legislating in this area in the near- to mid-term future is low.
8 minute read

New York Law Journal

Negotiating a Prenuptial Agreement Can Lead to a Stronger Marriage—If Done Right

Is there a "nice way" to go about negotiating and signing a prenuptial agreement? After over 30 years of practice as a family and divorce mediator and collaborative divorce attorney, Amy Carron Day can tell you that yes, it is possible.
5 minute read

New York Law Journal

The Specter of Sovereign Enforcement: Challenges of Immunity, Jurisdiction and Due Process

Enforcement of arbitral awards against sovereigns is in the spotlight. Whether dealing with investment treaty or commercial arbitration awards, the key question for award-creditors against state or state-owned enterprise (SOE) respondents around the world is: will we be able to enforce the decision?
8 minute read

New York Law Journal

Supreme Court's Trend in Ruling in Arbitration Topics Should Have Litigators Reflecting on Strategy

This article touches on several Supreme Court decisions related to the Federal Arbitration Act and the potential impact they have on the trajectory of a litigation and/or strategy of litigators.
8 minute read

New York Law Journal

So, You Have Been Compelled to Mediation in SDNY and EDNY: What Next?

Whether one chooses a private mediator from outside the court system or takes advantage of programs like those available in SDNY and EDNY, every litigator has an obligation to their client to at least consider mediation at each major decision point in litigation.
9 minute read

New York Law Journal

Testing Your Arbitration Dispute in a Mock Arbitration

A valuable preparation option for any high-stakes arbitration is the mock arbitration. When done well, the reason it works is that counsel (and client) receives neutral mock arbitrator feedback on every issue that counsel seeks to test.
5 minute read

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