The FTC’s decision to abandon the Rule does not mean non-compete agreements will escape scrutiny under the Trump Administration. The agency has indicated a willingness to look for broad industry-wide issues in non-compete agreements.
- February 01, 2026Karen Hoffman Lent and Kenneth Schwartz
Ninth Circuit Indicates Willingness to Change Substantial Similarity Test for Copyright Infringement
The United States Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement.
February 01, 2026Catherine Nyarady and Crystal ParkerThe U.S. Supreme Court will consider if Internet users can sue websites for sharing their data with Facebook under the 1988 law aimed at protecting customers' private video rental history.
February 01, 2026Jimmy HooverA federal bankruptcy court in New Jersey recently dismissed a Chapter 11 filing from former board members of national fashion retailer Ashley Stewart, Inc., securing a win for Roseland firm Mandelbaum Barrett’s bankruptcy practice and emphasizing the importance of corporate governance structure in bankruptcy disputes.
February 01, 2026Nicholas MalfitanoThis two-part series examines several options for the commercial real estate loan in distress. The first installment provided a primer on the traditional, more commonplace options available to the parties. This final installment identifies and examines a more creative approach, one which right-sizes the loan and the underlying real estate and resets value for today’s market.
February 01, 2026Richard S. FriesCourts Grapple With Whether Searches of Electronic Data At the Border Are ‘Routine’ or Non-Routine’?
The Supreme Court has created a legal framework of Fourth Amendment rights at the border which distinguishes between “routine” and “non-routine” searches. The distinction creates uncertainty, espoecially when it comes to data on electronic devices.
February 01, 2026Elkan Abramowitz and Jonathan SackChurch Entitled to Tax Exemption Because Town Did Not Prove Use Was a Violation of Zoning OrdinanceDetermination In Partition Action Precludes Adverse Possession ClaimQuestions of Fact About Confidential Relationship Precludes Summary Judgment On Constructive Trust ClaimEasement Rights Clarified
February 01, 2026New York Real Estate Law Reporter StaffWhile attorneys may wish to emulate Atticus Finch’s commitment to seeking justice for his client, if they want to build a legal practice that feeds their families, they should emulate Joe Rogan.
February 01, 2026Wayne PollockThe NY Court of Appeals’ decision in Seneca Meadows reinforces the principle that standing to challenge SEQRA compliance is not uniform for all challengers. Courts will assess affected property owners’ standing to bring SEQRA claims differently from how they assess neighboring owners or other groups.
February 01, 2026John C. ArmentanoThe findings of recent research provide specific best practices to help chart a path forward and assist decision makers in aligning the need for prompt action and adaptation with the integration of safeguards into their evolving workflows. While few, if any, have unlocked the true potential of generative AI in complex litigation, the tangible benefits and opportunities are becoming clearer.
February 01, 2026Ari Kaplan











