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August 26, 2024 | New York Law Journal

AG Guidance Highlights the Dangers of Website Tracking

Paul Greene, partner at Harter Secrest & Emery, discusses the risks inherent in website tracking, including use of tracking pixels, cookies, and other tracking tools, viewed against the backdrop of recent regulatory developments, including the new NYAG guidance.
8 minute read
August 26, 2024 | New York Law Journal

The Elusive 4th Amendment Particularity Rules for ESI

In his Cyber Crime column, Peter Crusco reviews some recent case law that spotlights the ever developing area of the law surrounding search warrants targeting electronically stored information, or "ESI."
10 minute read
August 26, 2024 | New York Law Journal

Art, Shame and Criminal Law

David Lenefsky asks whether "we have in our civil community, by and large, lost the ability to feel and/or recognize shame—and, if so, what consequences do we suffer as a society?"
7 minute read
August 26, 2024 | Daily Business Review

Authorizing the Use of Attorney Opinion Letters in Lieu of Title Insurance in Real Estate Transactions

AOLs are an important emerging trend in real estate finance transactions. However, despite being more affordable than title insurance, they should be used with caution when replacing title insurance. The costs savings associated with this practice might not justify the additional risk associated with it.
6 minute read
August 26, 2024 | New York Law Journal

Decision of the Day: Legally Blind Plaintiff Has Standing to Sue Alabama-Based Company in New York for Lack of Website Accessibility

This ruling was selected and summarized by the New York Law Journal's decisions editors. 
2 minute read
Law Journal Press | Digital Book Lancaster County & Berks County Court Rules 2024 Authors: View this Book

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August 26, 2024 | New York Law Journal

The Late Justice Sondra Miller and 'Best Interests of the Child'

A New York-based partner reflects on his use of a legal standard developed through by former Appellate Division, Second Department Justice Sondra Miller, who died earlier this month.
2 minute read
August 26, 2024 | New York Law Journal

New Cosmetic Regulations Dramatically Changing the Compliance Landscape

The compliance landscape for cosmetic products is now dramatically changing as a result of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), which imposes significant compliance obligations on the cosmetic industry in an effort to promote public safety and protect public health.
8 minute read
August 26, 2024 | New York Law Journal

New Platforms, Same Squatting Issues

Whether portions of the vertical are private are not, if counterfeit and fraudulent activity is taking place, they should be treated as public for commercial use and therefore enjoined with damages. It may be unchartered territory, but brands should be proactive and aware of what is happening on other platforms.
9 minute read
August 26, 2024 | New York Law Journal

Upcycling and Infringement: Cut From the Same Cloth?

Two ways brands can strike that balance is by seeking reasonable injunctions limited to use of recycled fabric containing their marks, and by taking beneficial ownership of upcycling opportunities and unauthorized upcycling.
9 minute read
August 26, 2024 | New York Law Journal

The Fashion Industry Must Face 'Forever Chemicals'

PFAS have become the focus of state and federal regulatory efforts over the past several years. The fashion industry now faces significant compliance hurdles, including the upcoming bans of certain PFAS-containing apparel in major markets like New York and California, as well as potential federal reporting obligations for manufactured or imported PFAS-containing products.
9 minute read

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