New York Law Journal | Expert Opinion
By Stephen Liss | September 11, 2020
If next year the Democratic Party controls the Senate, the House of Representatives, and the White House, we are certain to see new tax legislation. Now is the time to develop a contingency plan that can be implemented this fall depending on the outcome of the November election.
By Yolanda Kanes, Maryann Stallone and Amanda Leone | September 11, 2020
For many families, the pandemic not only torpedoed vacation plans and dashed hopes for a "normal" school year, it also forced many of us to confront somber topics such as illness, death and incapacitation in ways that we may not have before. This is especially true for parents of children with special needs or cognitive disabilities.
New York Law Journal | Expert Opinion
By Alison Powers Herman and Karen Schiele | September 11, 2020
A review of the current New York Estate Tax regime, with a renewed warning of the dreaded "cliff" and a discussion of how intelligent and flexible planning can help provide security, savings and sometimes even the elimination of the New York estate tax.
New York Law Journal | Expert Opinion
By Bonnie Lynn Chmil and Joshua S. Rubenstein | September 11, 2020
Recent developments in the use and enforceability of in terrorem clauses in New York, including tips on what practitioners can do to boost their enforceability.
New York Law Journal | Analysis
By Angela Turturro | August 31, 2020
In this Special Report: Avoiding Viral Fashion Promotion Malfunctions," "Lessons Learned from the "Retail Apocalypse": Where Fashion Goes from Here," "Surge of Retail Bankruptcies Coincides With the Anniversary of 'Tempnology,'" "Managing New Brand Opportunities in a Post-Pandemic World," "'Star Athletica' Three Years On," "The Evolution Begins in Six Circuits: Disgorgement Without Willfulness" and "Designs That Say It All: Steps To Protect and Enforce Trade Dress Rights."
New York Law Journal | Expert Opinion
By Ilana Lubin and Mark Lichtenstein | August 28, 2020
In light of the recent COVID related wave of bankruptcies affecting fashion brands such as John Varvatos and True Religion, the article explores the trends and implications since the one-year anniversary of 'Mission Product Holdings v. Tempnology.'
New York Law Journal | Expert Opinion
By Andy Lustigman and Morgan Spina | August 28, 2020
Social media promotions can be a great way to market a product and gain market recognition. However, a promotion by Reese Witherspoon and her fashion label Draper James highlights what could go wrong after a seemingly well-intentioned "giveaway" goes astray.
New York Law Journal | Expert Opinion
By David Jacoby | August 28, 2020
The 2017 U.S. Supreme Court decision 'Star Athletica v. Varsity Brands' was supposed to clarify longstanding confusion over how design elements on functional objects, like clothing, can be copyrighted. But in the three years since the decision came down both the lower courts and legal opinion have varied widely in interpreting the decision.
New York Law Journal | Expert Opinion
By Robb Roby | August 28, 2020
A discussion of recent changes to damages law in trademarks and the likely implications on brand owners.
New York Law Journal | Expert Opinion
By Jamila Justine Willis | August 28, 2020
With a specific focus on the bankruptcy cases filed of the last 10 years, the article analyzes the fashion and retail restructurings, identifying patterns from liquidations and repeat restructurings and discusses how fashion and retail companies have turned around their businesses during restructurings or protected themselves during this time.
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