By Andrew Goldenberg and Adam Levy | May 21, 2024
This article is based on the recent First Department decision, "Reeves v. Associated Newspapers, Ltd." which presents the issue of what constitutes a "substantial basis in law" under the anti-SLAPP law to warrant mandatory costs and attorneys' fees to SLAPP defendant.
New York Law Journal | Analysis
By Rob Maier | May 21, 2024
In this article, Rob Maier discusses 'Luv n' Care v. Laurain and Eazy-PZ' and highlights how the case is a helpful reminder that the unclean hands doctrine is alive and well in the patent disputes context, and can be a powerful tool in an accused infringer's defense arsenal.
New York Law Journal | Analysis
By Stephen M. Kramarsky and John Millson | May 20, 2024
A recent case in the U.S. District Court for the Eastern District of New York serves as a good reminder that, even in the absence of non-compete agreements, New York law still provides robust protection for confidential business information
New York Law Journal | Analysis
By Katryna L. Kristoferson and David Paul Horowitz | May 20, 2024
A trial decision this month highlights how a seemingly properly crafted mediation settlement agreement ends up being unenforceable, with the result that the lawsuit continues on its merry way. But first, this article provides some context.
By Carol C. Villegas, Michael P. Canty, Danielle Izzo and Gloria J. Medina | May 17, 2024
This article covers the legal and privacy considerations related to the rise of artificial intelligence. The authors discuss what AI is and how companies obtain the data for those sets along with the risks consumers face in having their data collected and ingested into AI systems, specifically for training purposes. They also identify possible ways consumers can protect their data.
New York Law Journal | Analysis
By Karen Platt | May 17, 2024
The early weeks and months after a child comes out as transgender may feel overwhelming for parents and guardians as the status raises various issues. A common concern involves the request to change the child's name and/or gender marker. This article explains the process for changing a minor's name and gender marker on key identifying documents.
New York Law Journal | Analysis
By Barry Black and Jonathan Robert Nelson | May 17, 2024
The nuanced, often complex, relationship between church associations and their local church affiliates is best understood through the prism of Supreme Court decisions dating back as far as the 1800s.
New York Law Journal | Analysis
By Edward E. Neiger, Marianna Udem and Joo Hee Park | May 16, 2024
This issue of the Bankruptcy Update focuses on the recent retail industry bankruptcy cases of 99 Cents Only, Express and JOANN.
By Stephan Popa, Jake Hebda, Ayo Badejo, Mike Schmidtberger and Louis Jennings | May 16, 2024
A discussion of the successful collaborations between private enterprises, local non-profits and government agencies and how these three pillars can work to create flourishing communities. In addition to exploring successful NY-based collaborations including The Central Park Conservancy, the Friends of the High Line, the article also cites failed collaborations and their potentially harmful aftermath.
By Richard J. Schager, Jr. | May 16, 2024
Procedures for obtaining a Preliminary Conference Order have been amended to permit lawyers to avoid the conference altogether if they meet certain criteria. Attorney Richard Schager, chair of the working groups at NYCBA and NYSBA that developed the amendments to §202.12, discusses the changes, including what prompted the proposal and what changes were made to the initial proposal in order to accommodate public comments.
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