Insights & Tips
By Karen E. Clarke, Of Counsel As discussed in our June 8, 2016 article, 28 U.S.C. § 1782 enables foreign litigants to obtain evidence from U.S. persons for use in a foreign proceeding. Three recent decisions by two Judges in the Souther …
A recent article published by the International Consortium of International Journalists outlines five digital security tools journalists can and should use to protect their work, as well as their sources. This has become pressing as journalists face an …
By Karen E. Clarke, Of Counsel The litigation over insurance coverage for the claims arising from NASDAQ’s bungling of the Facebook IPO has resulted in a win for NASDAQ’s directors and officers (“D&O”) liability insurance carriers. In B …
The Cyberlaw Clinic at Harvard University, in conjunction with “a collection of lawyers and creative folks,” has authored “The Cyberlaw Guide to Protest Art.” Published on Medium.com, the guide aims to help creators of protest art navigate legal issues …
In the digital age, employers must take various precautionary measures to ensure that trade secrets and other confidential information is not misappropriated by their current and former employees. Below is a list of steps employers can take to prevent …
On January 18, an S.D.N.Y. judge sentenced software engineer Xu Jiaqiang to five years in prison. The crime? Stealing source code from IBM, his former employer. The Department of Justice successfully argued that as an employee, Xu had taken advantage o …
With the help of advanced algorithms, machines are now capable of producing intricate, compelling works of art. As a result, new legal issues have begun to surface regarding the rights to these works. How should attorneys approach copyright issues, dra …
On January 3, 2018, the Second Circuit held that the “Wandering Dago” food truck (“WD”) was unconstitutionally excluded from a New York State lunch program because of its use of ethnic slurs. The opinion repeatedly cites to the 2017 case Matal v. Tam, …
On December 17, 2017, the New York County Supreme Court dismissed claims asserted by financial analytics firm First Manhattan Consulting Group that its competitor, Novantas, Inc., poached its employees to steal trade secrets. The specific claims again …
This past December, the Second Circuit held that unpaid students working at Hearst Communications were in fact interns, and not entry-level employees, as Xuedan “Diana” Wang claimed in her lawsuit against the corporation. Her 2011 complaint alleged tha …
In its recent Chaca v. Abraham decision, the New York State Court of Appeals held that an employee may seek punitive damages where the employer’s discriminatory actions were willfully or wantonly negligent, or where there was “a conscious disregard of …
Forms necessary for employee leave under the Paid Family Leave Law are now available online here. Forms are available for employees, employers, and insurance carriers. For employees, forms include those for bonding leave, leave for a family member’s se …