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New York Law Journal

Beyond the Brand Name: Why Nontraditional Trademarks Should be in Fashion

Unique product features or signature designs can be registered as trademarks when properly positioned. Besides a brand name, the question is, what other brand elements communicate their source to consumers such that they can be registered as trademarks?
8 minute read

New York Law Journal

How AI Is Impacting Legal Issues and Priorities in the Fashion Industry

This technology is not only enhancing design processes and consumer experiences, but also reshaping the legal landscape, particularly as it relates to intellectual property protection and enforcement, design development and protection, the ramifications of deep fakes on influencer and celebrity endorsements and collaborations, and how to prepare for all of the above in standard industry contracts going forward.
8 minute read

New York Law Journal

A Checklist for Navigating the Regulatory Landscape After 'Loper Bright' and 'Corner Post'

The U.S. Supreme Court's past term was a blockbuster for administrative law: Among other things, the Supreme Court overruled Chevron and made it easier to challenge old regulations. So what now?
8 minute read

New York Law Journal

Navigating NY's Pioneering Environmental Justice Law: Implications and Predictions

This law has been coined the "nation's strongest environmental justice law." It also marks a significant step in ensuring that environmental burdens are more equitably distributed and that historically marginalized areas are not further compromised by industrial activities and development.
7 minute read

New York Law Journal

The Appeal of Mediation: An Increasingly Successful Practice

In more recent years, led by the appellate courts, the use of mediation during appeal has become more widespread and increasingly successful.
8 minute read

New York Law Journal

Reviewability of Interlocutory Orders on Appeal From a Final Judgment: Navigating the Shoals

Not every order that can be appealed on an interlocutory basis "necessarily affects the final judgment." In practice, it can be difficult to tell what does and what does not—and the Court of Appeals has admitted that its jurisprudence on this issue "may not all be consistent."
8 minute read

New York Law Journal

CPLR 5704 Is a Powerful, but Poorly-Defined, Tool That Highlights Department Differences

CPLR Section 5704 ("Review of ex parte orders") provides an avenue for Appellate Division review of such a refusal to sign an order to show cause. Unfortunately, however, New York courts have yet to provide clear guidance on when such applications will or will not be granted.
8 minute read

New York Law Journal

Public Corruption Prosecutions: Constitutional Issues to Watch 

In recent years, pursuant to Supreme Court precedent, the definition of public corruption has progressively narrowed while the scope of governmental immunity has been enlarged. There are two ongoing public corruption prosecutions that will likely be taken up by the U.S. Supreme Court in the coming terms and that will likely test these recent trends.
9 minute read

New York Law Journal

Expert Determinations Under New York Law—an Underutilized Tool

This article describes the expert determination process under New York law, offers suggestions as to when it can be an appropriate dispute resolution mechanism, and provides tips on drafting expert determination agreements.
8 minute read

New York Law Journal

Mediation of Commercial Lease Disputes: A Path to Resolution

Commercial leasing disputes can be complex and costly, often involving significant financial stakes and long-term relationships. Mediation offers an effective alternative to litigation, providing a more collaborative and less adversarial approach to resolving these disputes.
8 minute read

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