New York Law Journal | Analysis
By Matthew Sullivan and Tina Milburn | March 29, 2024
In recent years, the DOJ has taken steps to incentivize disclosure of potential wrongdoing by companies and individuals. In light of new incentives for individual whistleblowers and the evolving expectations of enforcement officials, the stakes are high for in-house counsel and compliance officers to quickly assess the potential benefits and risks of making a voluntary self-disclosure.
New York Law Journal | Analysis
By Derrick Carman | March 22, 2024
The recent case of 'In re Cellect' serves as a warning to patent owners who rely too heavily on the USPTO to completely and accurately examine their patent applications. This article presents patent owners with several options to consider to avoid a fate similar to Cellect.
New York Law Journal | Analysis
By Ian G. DiBernardo and Brandi Howard | March 22, 2024
Whether a provider or a consumer of data and AI services, companies must think through intellectual property and related contractual risks—both retrospectively, in terms of legacy customer agreements and prospectively, in terms of reworking them.
New York Law Journal | Analysis
By Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi | March 22, 2024
This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
New York Law Journal | Analysis
By Barry Werbin | March 22, 2024
Creators using generative AI without meaningful human contributions should presume that the resulting content will not be protected by copyright, apart from potential compilation protection. The prospect of Congress legislating in this area in the near- to mid-term future is low.
New York Law Journal | Analysis
By Amy Carron Day | March 15, 2024
Is there a "nice way" to go about negotiating and signing a prenuptial agreement? After over 30 years of practice as a family and divorce mediator and collaborative divorce attorney, Amy Carron Day can tell you that yes, it is possible.
New York Law Journal | Analysis
By William O'Brien, Katia Finkel, Levon Golendukhin and Romy Descours-Karmitz | March 15, 2024
Enforcement of arbitral awards against sovereigns is in the spotlight. Whether dealing with investment treaty or commercial arbitration awards, the key question for award-creditors against state or state-owned enterprise (SOE) respondents around the world is: will we be able to enforce the decision?
New York Law Journal | Analysis
By Leslie A. Berkoff | March 15, 2024
This article touches on several Supreme Court decisions related to the Federal Arbitration Act and the potential impact they have on the trajectory of a litigation and/or strategy of litigators.
New York Law Journal | Analysis
By Noel L. Hillman | March 15, 2024
Whether one chooses a private mediator from outside the court system or takes advantage of programs like those available in SDNY and EDNY, every litigator has an obligation to their client to at least consider mediation at each major decision point in litigation.
New York Law Journal | Analysis
By David W. Ichel | March 15, 2024
A valuable preparation option for any high-stakes arbitration is the mock arbitration. When done well, the reason it works is that counsel (and client) receives neutral mock arbitrator feedback on every issue that counsel seeks to test.
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