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Features

Washington My Health My Data Act FAQs: Data Subject Rights Image

Washington My Health My Data Act FAQs: Data Subject Rights

Amy de La Lama & Andrea Rastelli

Like so many other features of the MHMDA, data subject rights are deceptively complicated and have the potential to create significant administrative hurdles to getting it right. In this article, we examine the tricky issues in our MHMDA FAQs and take a deep dive into data subject rights.

Features

New York's Guaranty Law Continues to Divide Opinion Image

New York's Guaranty Law Continues to Divide Opinion

Matthew J. Schenker & Joshua Kopelowitz

This article discusses the recent developments surrounding the constitutionality of New York's Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.

Features

Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity Image

Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity

Thomas Kjellberg & Robert W. Clarida

In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.

Features

Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software Image

Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software

Jonathan Bick

Because AIs are capable of causing harm but cannot be a legal entity, they are not held accountable by court action. Several current and future possibilities exist to resolve AI difficulties. Current options involve identifying indirect liability. Future options include but are not limited to changing the law to make an AI a legal person and/or changing the law to make AI programing an ultra-hazardous activity.

Features

The Impact of Gen X and Millennial Law Firm Leaders Image

The Impact of Gen X and Millennial Law Firm Leaders

Marci Taylor

Generation X lawyers stand poised to wield considerable influence. Often the unsung heroes in discussions about generational dynamics, Gen X professionals bring a wealth of strengths to law firm leadership. Their pragmatic outlook, honed by navigating shifts in technology and societal changes, positions them as adaptable leaders.

Features

Programmers Liability for Alleged Rights Violations Caused By AI Software Image

Programmers Liability for Alleged Rights Violations Caused By AI Software

Jonathan Bick

AI is designed to accomplish goals specified by and receive directions from a human being. Thus, it has been suggested that either direct or vicarious liability may be applied to hold the human programmer who wrote the software algorithms liable for the damages caused by the AI agent.

Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

ZBA's Abandonment of Its Prior Determination Invalid Denial of Area Variance Upheld Lease of Town Property Upheld; Property Not Subject to Public Trust East Side Rezoning Upheld Against SEQRA Challenge

Features

USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness Image

USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness

Rob Maier

The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.

Features

Retirement Succession Can Hedge Against the Risks of Lateral Partner Acquisition Image

Retirement Succession Can Hedge Against the Risks of Lateral Partner Acquisition

David Wood

Increasingly, law firms rely upon acquiring lateral partners and practice groups to grow revenue more quickly than they can by increasing output with existing talent. With this kind of money at stake, a prudent firm is constantly on the lookout for ways to hedge against the risks of acquiring laterals. Implementing an effective retirement succession program is one of them.

Features

Regulators Want AI Companies to Respect Antitrust and Consumer Protection Laws Image

Regulators Want AI Companies to Respect Antitrust and Consumer Protection Laws

Karen Hoffman-Lent & Kenneth Schwartz

The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.

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  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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