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Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Features

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art? Image

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?

Robert W. Clarida & Thomas Kjellberg

On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, which began by posing the following question: "Can a banana taped to a wall be art?"

Features

Digital Advertising: Customer Confusion and Trademark Infringement Image

Digital Advertising: Customer Confusion and Trademark Infringement

Stephen M. Kramarsky & John Millson

In the absence of a federal statutory scheme specifically aimed at digital advertising practices, the courts have focused on consumer-facing issues covered by existing law, such as privacy, transparency, and deceptive or misleading advertising practices. But digital advertising technology can also present new challenges in copyright and trademark protection.

Features

Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules Image

Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules

Stan Soocher

How far back from accrual of a claim may a plaintiff reach for copyright damages?

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Shareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach

Features

Efforts to Provide Out-of-State Abortion Travel Benefits Face Rapidly Shifting Legal Landscape Image

Efforts to Provide Out-of-State Abortion Travel Benefits Face Rapidly Shifting Legal Landscape

Jessica Mach

Employment attorneys say the breadth of new state laws — and the pace at which they are going into effect — means in-house counsel at companies trying to create workarounds for employees in states with restrictive abortion laws by providing benefits that would allow them to travel out-of-state to access abortion services will need to be on high alert, since keeping up on top of the laws will be key to limiting their exposure to litigation — or even criminal penalties.

Features

Amending the Law Firm Partnership Agreement Image

Amending the Law Firm Partnership Agreement

Arthur J. Ciampi & Maria L. Ciampi

Many law firms with a written agreement stick it in a drawer, rarely read it, and do not amend it. Failing to amend the agreement can cause harm to the firm and its partners.

Features

Second Circuit Insulates Innocent Friend from Corporate Debtor's Fraudulent Transfer Liability Image

Second Circuit Insulates Innocent Friend from Corporate Debtor's Fraudulent Transfer Liability

Michael L. Cook

The defendant "was a 'mere conduit' of [a] fraudulent transfer and cannot be liable to the bankruptcy estate for funds she never knew about," held the U.S. Court of Appeals for the Second Circuit in In re BICOM N.Y., LLC.

Features

Regulatory Compliance and Investor Demand for Transparency Driving ESG Efforts Image

Regulatory Compliance and Investor Demand for Transparency Driving ESG Efforts

Paul Bergeron

Regulatory considerations and investor demand for transparency are increasingly important drivers behind Environmental, Social and Governance (ESG) disclosure and reporting frameworks, according to a report issued by The CRE Finance Council (CREFC) based on responses from its members.

Features

6 Risks Affecting Cybersecurity for Law Firms Image

6 Risks Affecting Cybersecurity for Law Firms

Chris Mangano & Edward Keck, Jr.

We are all "custodians of data." Law firms specifically are stewards of some of the most sensitive information stored and shared; a fact that doesn't elude nefarious cybercriminal syndicates. Below are some of the top cybersecurity risks affecting law firms.

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