Plan to Protect Cybersecurity for Employees Before Day One
June 01, 2023
With new employees come new risks; from aspiring insider threats that intend to join a target to extract sensitive information, to insecure processes being exploited due to too much trust being placed in candidates and new hires.
All Is Not Fair In Love and Warhol
June 01, 2023
A new balance must be struck between the new use and the exclusive right of authors to make derivative works, and part of that balance includes a clearer focus on the statutory fair use factors as well as the commercial nature or not of the new work. As a practical matter, how much the decision changes in this "troublesome" area remains to be seen.
AI or Not To AI: Observations from Legalweek NY 2023
April 01, 2023
This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
Changing Reporter Landscape Affecting Legal Marketing
April 01, 2023
It's not your grandmother's legal marketing department. It's not even your mother's. For a marketer focused on media relations, the journalistic landscape is very different now and it affects the practice of media relations. For just as legal marketing departments have been growing, newsrooms have been shrinking. So what's a lawyer and her PR guy to do?
The Impact of Local Law 97
March 01, 2023
Local Law Number 97 was enacted by the City of New York to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.
The Impact of New York's Greenhouse Gas Law
March 01, 2023
New York City's Local Law Number 97 was enacted to amend the New York City Charter and Administrative Code to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.
Fair Use of Embedded Content on Social Media
February 01, 2023
The change in character of social media, from purely social communication to a mixture of the social and commercial, has had knock-on effects for courts applying traditional legal principles, notably, the application of copyright law.
Is Trademark Protection Going to the Dogs?
January 01, 2023
The Ninth Circuit held in VIP Prods. LLC v. Jack Daniel's Properties that VIP's "Bad Spaniels" dog toy mimicking the appearance of a Jack Daniels whisky bottle was protected expression under the First Amendment. The Supreme Court granted cert in November 2022 to consider the principal question whether humorous use of another's mark on a commercial product should be assessed under Rogers or the traditional multipart test of likelihood of confusion.
