Insights & Tips


A HIGHLY REGARDED BODY OF CONTRACT LAW New York offers a well-established body of law providing a reliable platform for commercial transactions and adjudicating business disputes. The parties have few limits on structuring their contractual relationshi …

Category: Business Transactions | Business and Employment Litigation | Commercial Litigation | Commercial Litigation and Arbitration

June 15, 2022 — In a recent issue of Privilege Newsletter, David M. Greenwald and a team of contributors wrote an edifying piece about the strict confines of attorney-client privilege. Greenwald et al. note that in the vast majority of cases, public re …

Category: Business and Employment Litigation | Commercial Litigation and Arbitration | Corporate

June 15, 2022 — Juli Saitz, an expert witness in commercial damages and investigations, wrote an excellent overview of the Lanham Act posted on LinkedIn. Saitz explains that the Lanham Act is a federal law that provides a basis for individuals and comp …

Category: Intellectual Property Law | Trademark Law

June 15, 2022 — The Supreme Court leveled a blow to the use of U.S. discovery in private overseas arbitration this week. In a unanimous opinion drafted by Justice Amy Coney Barrett, the Supreme Court ruled that the use of U.S. discovery in internationa …

Category: Commercial Litigation and Arbitration | Discovery Practice

June 6, 2022 The Department of Justice (DOJ) has recently updated its prosecutorial policy under the Computer Fraud and Abuse Act (CFAA). Enacted in 1984 and repeatedly amended since, the CFAA has produced a circuit split concerning the law’s reach, le …

Category: Commercial Litigation | Employment Law | Intellectual Property Law | Trade Secrets

May 17, 2022 The April 14th decision by the Delaware Court of Chancery sheds new light on the consequences for non-compliance with confidentiality provisions in employment contracts, mainly that there are few if any at all. The case, AlixPartners v. Mo …

Category: Business Transactions | Business and Employment Litigation | Employment Law

March 8, 2022 Art, viewed throughout human history as one of the fundamental forms of human expression, cannot be machine-made or machine-conceived according to the US Copyright Office. The human consciousness behind creativity is a prerequisite to a w …

Category: Art Law | Copyright | Intellectual Property Law

UPDATE: May 6, 2022 Judge Jed Rakoff of the US District Court in Manhattan issued a decision this week rejecting Mason Rothschild’s motion to dismiss the Herès Paris complaint about trademark infringement of their Birkin handbag. A full opinion with th …

Category: Commercial Litigation

January 24, 2022 Trade Secrets, by their very nature, are intended to be kept secret and derive value from being undisclosed. However, during the litigation of a trade secret misappropriation case or severance from an employee with whom such secrets we …

Category: Commercial Litigation

November 28, 2021 – Seyfarth’s legal blog, Trading Secrets, offers insights into Trade Secrets, Non-Competes, and Computer Fraud. Their recent post, by Alex Meier, questions whether or not you want a jury trial in a non-compete or trade secrets case an …

Category: Commercial Litigation

November 28, 2021 – DE Court’s Decision Limits Former Directors’ Access to Privileged Information: Ballard Spahr LLP published an article on JD Supra about a recent Delaware Chancery Court decision to block access to privileged communications, between …

Category: Commercial Litigation

October 29, 2021- Floyd Abrams’s Important  NYT Guest Essay Warns that the Supreme Court “Faces a Huge Test on Libel Law” An October 22nd Op Ed in the New York Times by Floyd Abrams, a First Amendment lawyer whose firm occasionally represents the newsp …

Category: Commercial Litigation

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