New York Law Journal | Analysis
By Paul Tuchmann and Hannah Blonshteyn | March 29, 2024
Two newer kinds of markets—the market for non-fungible tokens (NFTs) and the secondary market for sports and entertainment event tickets—have offered criminals new possibilities for laundering dirty money. And so far, the law has not kept up.
New York Law Journal | Analysis
By Adrienne D. Gurley, Matthew T. Murphy and Brandon Wong | March 29, 2024
The SEC is now at trial in an enforcement action against former biopharma executive Matthew Panuwat related to "shadow trading" activities. The trial will not only be the first major test of the SEC's "shadow trading" legal theory before a jury, but will also have significant ramifications for in-house counsel and compliance teams on how to train their employees on trading practices.
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.
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