October 28, 2020

Public policy generally prohibits class action settlements in which the attorney fee awards dwarf the amount awarded to the class. But as a recent case in the U.S. District Court for the Southern District of New York illustrates, such a settlement may be approved if it...

July 24, 2020

Parties typically expect that a settlement does not become enforceable until there is ink to paper on a formal written settlement agreement. But as a recent case in the U.S. District Court for the Eastern District of New York reminds us, settlements can be reached by e...

July 20, 2020

New technologies, generally speaking, do not respect old boundaries. That can create great opportunities, but it can also raise unexpected challenges. The internet has global reach and provides on-demand access to a world of content that, a few decades ago, would have...

May 18, 2020

Recently two New York courts addressed intellectual property issues in conflict with video game realism and reached the same conclusion in two different contexts—copyright (tattoos on virtual basketball players) and trademark (trademark and trade dress issues around vi...

April 22, 2020

In his NYLJ Settlement and Compromise column, Thomas E.L. Dewey discusses a recent EDNY case that provides an interesting example of a party seeking a court’s assistance to set aside a settlement agreement based on Federal Rule of Civil Procedure 60(b).

One of the goals...

March 23, 2020

For better or worse, anonymity has long been a fundamental feature of Internet communication, particularly in large-scale Internet communities and on websites that permit public comments. The ability to provide unvarnished opinions in an open forum without fear of repr...

January 24, 2020

In his Settlement and Compromise column, Thomas E.L. Dewey discusses 'Attestor Value Master Fund v. Republic of Argentina'—a case that “reconfirms the significance of language in settlement documents that suggests a settlement is not binding until signed by both partie...

January 17, 2020

If millions of people are using a company’s software, the company is happy—as long as it’s getting paid. But if the company loses control of the product, it must take steps to defend its rights. And the first step in that playbook is often to go to court and seek to re...

November 25, 2019

Lawyers give advice. It’s a big part of the job. Sometimes it’s legal advice and sometimes it’s business advice and sometimes (particularly for lawyers who focus on technology and intellectual property) it’s hard to tell. And that can be a problem. Because the conversa...

October 29, 2019

The Appellate Division’s statewide Practice Rules contain an important requirement that generally applies to parties and counsel appearing before all Departments of the Appellate Division: “[t]he parties or their attorneys shall immediately notify the court when there...

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