New York Law Journal | Analysis
By David J. Kaufmann | October 17, 2017
In his Franchising column, David J. Kaufmann writes: The requirements, restrictions, prohibitions and clarifications introduced by the 2017 NASAA FPR Commentary are truly significant, the most extensive overhaul of the rules governing financial performance representations since 1993.
New York Law Journal | Analysis
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
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
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
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
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
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
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
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
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.
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