publications | DPK Law 4/9

New York Law Journal "The Challenges of Protecting ‘Custom’ IP: Court Limits Injunctive Relief

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...

New York Law Journal "Court Examines Inadvertent Waiver in Patent Prosecution Context" by

Lawyers give advice. It’s a big part of the job. Sometimes it’s legal advice and sometimes it’s business advice and sometimes...

New York Law Journal "Sanctions for Failing To ‘Immediately Notify’ Court of Settlement" b

The Appellate Division’s statewide Practice Rules contain an important requirement that generally applies to parties and counsel...

New York Law Journal "Some Humans (Still) Required: Court Examines 'Place of Business'

“Three things matter in real estate,” the old saying goes, “location, location, location.” That can be true in litigation as well. The...

New York Law Journal "A Case Study: Mandated Court Approval of Settlement and Related Attorney

There are circumstances in which the parties must obtain court approval to dismiss an action, and by extension, the parties’ settlement...

New York Law Journal "Setting the Limits of Authorized Access: Federal Court Retains Jurisdicti

Information security has become an increasingly important concern for modern businesses. As businesses move their information storage to...

New York Law Journal "District Court Reduces Class Counsel’s Attorney Fee Award in Light of Rev

When parties to a class action reach a settlement agreement and include a clause that defendant will not oppose class counsel’s attorney...

New York Law Journal "Crafting Enforceable Electronic Agreements: EDNY Examines Arbitration Cla

Readers of this column will be aware that courts in the Second Circuit have had a complicated relationship with web-based contracts, and...

New York Law Journal "District Court Refuses to Vacate Sanctions Awards Following Settlement&qu

When parties agree to settle an action, they usually try to wrap up all aspects of the litigation. Pending motions are withdrawn,...

New York Law Journal "Reseller Beware: Digital Media Files and the First Sale Doctrine" by

New technologies, and the business models that accompany them, often create challenges for existing law, and nowhere is that friction...