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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

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

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.

Features

Ninth Circuit Bankruptcy Appellate Panel: 523(a) Discharge Exceptions Don't Apply to Corporate Debtors Under Subchapter V Image

Ninth Circuit Bankruptcy Appellate Panel: 523(a) Discharge Exceptions Don't Apply to Corporate Debtors Under Subchapter V

Lawrence J. Kotler & Elisa Hyder

In Lafferty v. Off-Spec Solutions, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that the discharge exceptions under Section 523(a) do not apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.

Features

New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213 Image

New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213

Massimo F. D'Angelo & Gregory Wong

In New York state and local court cases, there is a seldom-used procedural mechanism for obtaining an expedited money judgment against a guarantor. This article provides an overview of CPLR 3213 motions, an update on the resolution of the split that previously existed between the New York State Supreme Court, Appellate Division, First and Second Departments, and practical guidance for transactional counsel drafting commercial leases and guaranties.

Features

California DOJ's Mission: Reinvigorate Criminal Prosecutions Program Image

California DOJ's Mission: Reinvigorate Criminal Prosecutions Program

Maria Dinzeo

California hasn't brought a case for criminal antitrust violations in more than 20 years. But that's about to change, according to California Assistant Attorney General Paula Blizzard.

Features

FTC Chair Concerned About Dominant Tech Firms Image

FTC Chair Concerned About Dominant Tech Firms

Maydeen Merino

The concentration of dominant technology firms could harm U.S. national interests and global leadership, Federal Trade Commission Chair Lina Khan said in March at a Carnegie Endowment for International Peace event.

Features

U.S. Regulators Lift the Curtain on Data Practices with Assessment, Reporting and Audit Requirements Image

U.S. Regulators Lift the Curtain on Data Practices with Assessment, Reporting and Audit Requirements

Alan Friel, David Manek, Sasha Kiosse, David Farber & Colleen M. Yushchak

The assessment and audit requirements of the new generation of state data protection laws will force U.S. companies to move beyond mere window dressing and instead require them to develop fulsome data protection programs.

Features

Decoding DOJ's New 'Justice AI' Initiative Image

Decoding DOJ's New 'Justice AI' Initiative

James D. Gatta, Allan J. Medina & Ian Q. Rogers

The DOJ is likely to face many practical challenges and novel issues as it begins coding its own algorithm for AI-related enforcement. This article briefly examines three areas of AI-related enforcement where such practical challenges and novel issues may arise.

Features

NYC Guarantor Liability for Post-Window-Period Rent Image

NYC Guarantor Liability for Post-Window-Period Rent

Cheryl Ginsburg

In Tamar Equities Corp. v. Signature Barbershop 33 Inc., the Appellate Division analyzed whether the Guaranty Law bars recovery from a guarantor where a commercial tenant's default initially arose during the Guaranty Law's window period, but persisted after its expiration.

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