New York Law Journal "Court Considers Victims' Right to Sure Over Data Breach" by Stev
What do a “smart” TV, a casino fish tank, and a talking teddy bear have in common? They have all been used, over the past year, to steal...
New York Law Journal "'Standard' Provisions Not Implied Into Settlement Agreement"
A recent Southern District of New York case offers the lesson that a writing other than a formal settlement agreement may constitute an...
New York Law Journal "Browser Beware: Second Circuit Sizes Up 'Reasonable Smartphone User&#
In a recent case in the Southern District of New York against ride-hailing company Uber and its CEO, the court denied Uber's motion to...
New York Law Journal "Drake Infringement Case: Fair Use as a Matter of Law" by Steve Krama
One of the thorniest questions faced by intellectual property lawyers advising clients on copyright matters is what constitutes "fair...
New York Law Journal "Court Denies ISP Declaratory Relief on DMCA Protection' by Steve Kram
The Internet has become central to the lives of billions of people and is essential to the way the world does business. But at its heart,...
New York Law Journal "Oral Settlements in Open Court Enforceable Without Follow-on Writing"
An agreement to settle a case is generally not binding until it is put into writing and either signed or entered as a court order. But as...
New York Law Journal "Protecting Opinion in Twitter's 'Schoolyard Squabbles' by Ste
Over the last few decades, technology has fundamentally changed the way people create, consume and understand information. With that...
New York Law Journal "Challenging Settlement Agreements Via 'Retention of Jurisdiction'
Settlement and Compromise columnist Thomas E.L. Dewey writes that a recent holding in the 'Patton Boggs v. Chevron' case demonstrates...
New York Law Journal "Old Songs, New Technologies: Digital Rights for Pre-1972 Recordings"
Copyright questions are rarely easy. Even the simple questions don't always have straightforward answers: What kinds of works are...
New York Law Journal "Fair Use or Foul? Second Circuit Examines Play's Use of 'Who'
The purpose of copyright law, according to the U.S. Constitution, is to "promote the Progress of Science and useful Arts," by granting...