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New York Law Journal

Mediating Parties Beware! Potential Pitfalls and States' Varying Mediation Privileges

Mediation can be a useful tool to attempt to resolve high-stakes matters without incurring hefty legal fees, and without the publicity and attention that can come from litigating in open court.
6 minute read

New York Law Journal

What Recent Special Counsel Prosecutions Can Tell Us About False Statements Prosecutions

While Section 1001 may be a powerful tool of federal prosecutors, and can cause great harm to defendants, the results of given cases can vary greatly and are far from certain.
11 minute read

New York Law Journal

State Sanctions Targeting Russia Present Complicated Questions for Companies, Regulators

New York and New Jersey now require companies to submit certifications relating to activities in Russia as part of the procurement process. New Jersey also created its own sanctions list comprised of companies that the New Jersey Treasury Department believes are engaged in prohibited activities in Russia and Belarus.
7 minute read

New York Law Journal

The Impending Demise of the Intended Loss Doctrine in Federal Sentencing

Federal sentencing can seem unjustly harsh. Consider the following hypothetical: A defendant in a health care case is charged with conspiracy to commit health care fraud and five substantive counts of health care fraud.
8 minute read

New York Law Journal

The SEC's Stacked Deck Is News to Unsuspecting 'Dealers'

The SEC's expansive position on who must register as a dealer has significant consequences for investors whose activities, until recently, were widely understood as falling within an exception for traders.
8 minute read

New York Law Journal

Intellectual Property in Virtual Worlds

This article will examine some of those issues, as well as recent U.S. Patent and Trademark Office (USPTO) guidelines about how to best identify the goods and services in trademark applications that relate to some of the innovative technologies used in and alongside the metaverse.
9 minute read

New York Law Journal

The FDA and Patent Office React to Biden's Call to Action on Drug Patents

The president directed the U.S. Food and Drug Administration (FDA) and the U.S. Patent and Trademark Office (PTO) to propose ways the two agencies could collaborate towards this end. The agencies responded with a joint proposal to change how patents protecting drugs are examined, prompting responses from a wide range of industry participants.
8 minute read

New York Law Journal

The Promise and Peril of OpenAI and Chat GPT

It is quite possible that 2023 will be "the year of artificial intelligence." It seems impossible to scan the news without encountering an article either extolling the advantages generative artificial intelligence models or raising concerns about its misuse.
6 minute read

New York Law Journal

Does AI Infringe IP Laws When It Uses Copyrighted Material for 'Inspiration'?

AI chatbots that have come into wide use in the past months, like ChatGPT, have caused a massive stir in their own right, demonstrating that sentience is not required for AI technology to be massively disruptive and to raise a host of complex social, business and legal questions.
8 minute read

New York Law Journal

Sportswear and Using IP to Bolster Value

Intellectual property rights play a critical role in the sportwear industry benefiting brands to bolster their market, identify their brand, and distinguish certain products from other, and further, benefiting athletes and those simply seeking comfort or looks.
8 minute read

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