Columns

  • New York Law Journal | Analysis

    Dr. Seuss 'Transformed': Fair Use or Abuse or Both?

    By Robert J. Bernstein and Robert W. Clarida | October 17, 2017

    In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss a recent decision which upheld the fair use defense with regard to "How the Grinch Stole Christmas" and dismissed the copyright infringement and other counterclaims with prejudice.

  • New York Law Journal | Analysis

    Decisions Highlight Need to Rethink IP Protection Strategies for Product Designs

    By Milton Springut | October 17, 2017

    Milton Springut discusses two recent decisions which will require that strategies for protecting decorative designs incorporated into useful articles be rethought.

  • New York Law Journal | Analysis

    Representation and Warranty Insurance

    By Peter Fisch and Mitchell Berg | October 17, 2017

    In their Transactional Real Estate column, Peter Fisch and Mitchell Berg of Paul, Weiss, Rifkind, Wharton & Garrison discuss representation and warranty insurance which has become commonplace in M&A transactions. They offer the question of whether real estate transactions will follow suit, and conclude that "for more complex transactions, where traditional due diligence may fall short or be impractical, or where an entity rather than an asset is being acquired, the answer may be yes."

  • New York Law Journal | Analysis

    September CFIUS Roundup: Lessons and Things to Watch

    By Mario Mancuso and Luci Hague | October 16, 2017

    Mario Mancuso and Luci Hague discuss certain key CFIUS developments and related takeaways for boards and deal professionals.

  • New York Law Journal | Analysis

    A Review of 'Myers v. Schneiderman'

    By Lynn K. Neuner and William T. Russell Jr. | October 16, 2017

    In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. write: The constellation of opinions in Myers reinforces historical statutes, cases, a State Task Force, and legislative activity that all come out in support of imposing criminal penalties in New York on individuals, including physicians, who intentionally act to aid a person in committing suicide.

  • New York Law Journal | Analysis

    At the Intersection of Section 1782 Subpoenas and Personal Jurisdiction

    By Edward M. Spiro and Judith L. Mogul | October 16, 2017

    In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss a recent decision that examined the question of what jurisdictional contacts are necessary to obtain discovery from a nonparty through a subpoena served pursuant to 28 U.S.C. §1782, which authorizes a court to order discovery for use in a foreign proceeding.

  • New York Law Journal | Analysis

    Does Our Digital Age Require New Fourth Amendment Rules?

    By Shari Claire Lewis | October 16, 2017

    In her Internet Issues/Social Media column, Shari Claire Lewis writes: We live in a world where cellphones are omnipresent. It is perhaps no coincidence, therefore, that cellphones are at the heart of a case currently pending before the U.S. Supreme Court, 'Carpenter v. United States,' that may result in a new 21st Century standard for searches and seizures under the Fourth Amendment.

  • New York Law Journal | Analysis

    The SEC Hack and Its Repercussions

    By Mark D. Harris and Margaret A. Dale | October 13, 2017

    In their Corporate and Securities Litigation, Mark D. Harris and Margaret A. Dale write: Some have expressed concerns that the SEC is not fully equipped to handle the host of cybersecurity issues that will continue to come its way. Nonetheless, the SEC appears focused on the mission of increasing cybersecurity and determined to address the growing threat to markets.

  • New York Law Journal | Analysis

    Year-End Tax Planning in Uncertain Times

    By Sidney Kess | October 13, 2017

    In his Tax Tips column, Sidney Kess writes: Take the time now to consider some year-end tax planning strategies that you can use for your business and personal taxes.

  • New York Law Journal | Analysis

    How to Ensure That Your Foreign Arbitral Award Is Collectible

    By Oksana Wright | October 13, 2017

    There are certain steps a creditor (or potential creditor) should consider to ensure that any recovery is plausible.

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