The Extraterritorial Reach of U.S. Trademark Remedies After Abitron

sewellnylaw — Tue, 27 Oct 2026 03:58:43 +0000

The Extraterritorial Reach of U.S. Trademark Remedies After Abitron

Image Source: https://www.northwestregisteredagent.com/blaugg-blog/should-you-have-a-registered-trademark

Section 1117(a) of the Lanham Act provides for the recovery of a defendant’s profits in trademark infringement suits.^[1] Federal courts have often struggled over when American trademark law applies to foreign sales. The Supreme Court’s unanimous decision in Abitron Austria GmbH v. Hetronic Intl., Inc., 600 U.S. 412 (2023) established that Lanham Act provision claims apply only where the infringing “use in commerce” is domestic, crippling actionability of wholly foreign uses, even when confusion or economic effects in the U.S. are present.^[2] Circuit courts are now actively deciding how to handle global profit disgorgement and online cross-border commerce.

Understanding the Supreme Court’s Decision in Abitron

The presumption against extraterritoriality is a canon of statutory construction in United States law. It establishes the baseline rule that, unless a contrary intent appears, federal statutes apply only within the territorial jurisdiction of the United States.^[3] The presumption against extraterritoriality is analyzed by applying a two-step test.^[4] Justice Alito’s majority opinion in Abitron, built upon the existing two-step framework to create a modern version of the presumption against extraterritoriality test.

Step One: Determining whether the statutory text gives a clear, affirmative indication that it applies extraterritorially. If there is an explicit indication that the statute is supposed to be applied extraterritorially then the presumption is overcome and there is no need to continue onto step two.^[5]

Step Two: Resolving whether a claim “seeks a permissible domestic or impermissible foreign application of the provision.”^[6] A court must identify the focus of Congress’ concern that underlies the statute. This focus includes the conduct the statute aims to regulate, or the parties the statute attempts to protect.^[7] Courts then must determine where the conduct relevant to that focus occurred.^[8] The plaintiff must be able to establish that the conduct relevant to the statute’s focus occurred in the United States. If the challenged conduct relevant to the statute’s focus occurred in another country, then the case involves an impermissible extraterritorial application regardless of any other conduct that occurred in United States territory.^[9]

Justice Alito then put Lanham Act §§ 1114, 1125(a)(1) through his new two-step framework to determine if they overcame the presumption against extraterritoriality. They did not.

Step One in Abitron: When a statute does not include an express statement of extraterritoriality it is very rare that it will overcome the presumption against extraterritoriality.^[10] The opinion notes that both § 1114 and § 1125(a)(1) of the Lanham Act are quiet on their extraterritorial application.^[11] Therefore, both fail to overcome the presumption against extraterritoriality based on an express statement.^[12] The respondent tried to argue that extraterritoriality is present due to the Lanham Act defining commerce as “all commerce which may lawfully be regulated by Congress[,]” which includes foreign commerce.^[13] However, the Court shot that down, reaffirming that even express statutory references to “foreign commerce” is not enough to overcome the presumption against extraterritoriality.^[14]

Step Two in Abitron: Because § 1114 and § 1125 of the Lanham Act failed to overcome the presumption against extraterritoriality in step one, the Court proceeds to step two and considers the focus that underlies both provisions. Justice Alito finds that both parties missed the “conduct relevant to the focus” and centered their arguments around outdated interpretations of solely the “focus” of the Lanham Act from Steele v. Bulova Watch Co., 344 U.S. 280 (1952). ^[15] The Court concludes that the “conduct relevant to the focus” is infringing use in commerce. However, the infringing use in commerce must take place within the United States to constitute a permissible domestic claim arising under the Lanham Act.

The Supreme Court offered no opinion on how to apply the case at hand under their new extraterritoriality standard of the “use in commerce” being the dividing line between impermissible foreign and permissible domestic applications of § 1114 and § 1125(a)(1) of the Lanham Act.^[16] The judgement was vacated and remanded back to the 10th Circuit for further proceedings consistent with the Supreme Court’s new interpretation of extraterritoriality.^[17]

Image Source: https://www.history.com/articles/supreme-court-facts

The Subsequent 10th Circuit Decision: Disgorgement of Foreign Profits & The Causal Nexus Requirement

On remand from the Supreme Court, the 10th Circuit provided the most detailed framework for calculating disgorgement in cases involving foreign sales after Abitron.^[18] The court held that purely foreign sales in cases where the infringing conduct occurred entirely abroad could not serve as predicate for liability or disgorgement under § 1117(a) of the Lanham Act because of the Supreme Court’s new understanding of extraterritoriality, even if the good ultimately reached the United States or caused economic loss here.^[19]

However, the 10th Circuit distinguished domestic economic losses resulting from wholly foreign infringing conduct, from foreign sales profits driven directly from domestic infringing conduct. The court concluded that the plaintiff may seek disgorgement from foreign sales that arose from domestic infringement because “those profits represent the fruits of a domestic injury[.]”^[20] Although, in order to disgorge such foreign profits, the burden is on the plaintiff to prove that domestic infringement resulted in foreign sales with reasonable certainty.^[21] This requires that any monetary relief must “share a causal nexus” with the domestic infringing conduct.^[22] In other words, the plaintiff must be able to prove that “the defendant’s sales were ‘proximately caused’ by the infringement.”^[23] Evidence that may help Plaintiffs establish this proximate cause include: market share analysis; consumer surveys demonstrating that the infringing mark drove purchasing decisions; and/or expert testimony on profit attribution.

The court cautioned against allowing “merely incidental” domestic conduct to serve as sufficient reason for sweeping foreign disgorgement and confirmed that only foreign profits that flowed “directly from [plaintiff’s] domestic injuries, as prescribed under § 1114(1)(a) and § 1125(a)(1), may be recovered.”^[24] The existing § 1117(a) framework that shifts the burden onto the plaintiff to prove total sales before shifting to the defendant to prove what portion of the alleged total is not attributable to infringing activity exists within the 10th Circuit’s new causal-nexus overlay.^[25]

After the 10th Circuit’s decision in Hetronic provided the new framework from which a plaintiff can disgorge profits from a domestic infringer, the 5th Circuit proceeded to further limit disgorgement by confirming the equitable framework under § 1117(a) of the Lanham Act. In Trojan Battery Co., L.L.C. v. Golf Carts of Cypress, L.L.C., 175 F.4th 582 (5th Cir. 2026), the court concluded that courts have discretion to award profits “subject to the principles of equity” and review such awards for abuse of discretion. The factors a court should consider to determine whether the disgorgement award was equitable include, but are not limited to:

(1) whether the defendant had the intent to confuse or deceive, (2) whether sales have been diverted, (3) the adequacy of other remedies, (4) any unreasonable delay by the plaintiff in asserting his rights, (5) the public interest in making the misconduct unprofitable, and (6) whether it is a case of palming off.^[26]

While Trojan Battery concerns domestic sales, this new understanding of courts discretionary power under § 1117(a) of the Lanham Act applies to foreign disgorgement all the same. Building on the holding that a plaintiff must prove either actual damages or willful infringement as a prerequisite to recover disgorgement of profits from Hetronic.^[27] Together, these two decisions lay the foundation on how to balance recovery via disgorgement equitably in all future Lanham Act § 1117(a) cases.

Online and Cross-Border Commerce: Targeting U.S. Consumers

Earlier this year, the 4th Circuit expressly confirmed that the effects-focused test derived from Steele, which both parties in Abitron based their arguments on, was no longer good law in their decision in dmarcian, Inc. v. DMARC Advisor BV, 182 F.4th 289 (4th Cir. 2026).^[28] The court instead applied the new conduct-focused standard from Abitron, to examine cross-border digital commerce disputes.^[29]

The 4th Circuit’s decision expands upon the Supreme Court’s definition of domestic “use in commerce” and clarifies that it encompasses “marketing, advertising, and distributing activities” directed at U.S. consumers, not only direct sales to the United States.^[30] The court justifies this decision by drawing a parallel between how if the customer is in the United States then the direct sale occurs in the United States, and if the intended customer is in the United States then marketing, advertising, and distribution occurs in the United States.^[31]

With this new definition of domestic “use in commerce” also came boundaries. The 4th Circuit held that in the case where a defendant maintained a website that was accessible in the United States but the defendant did no additional targeting or interacting with American consumers, then the Lanham Act likely wouldn’t apply.^[32] The court decided to add this limitation because “most businesses around the world have websites that are accessible in the United States, [and] a rule that hinged on web access alone would [negate] the presumption against extraterritoriality[.]”^[33]

However, in dmarcian, a button on the company’s website for customers in “the Americas” and communications with customers in the U.S. were sufficient to determine advertising to U.S. markets.^[34] Therefore, it seems as though courts may be quite liberal in deciding what constitutes targeting the U.S. market.

Evidence that indicates targeted U.S. marketing may now include: U.S.-directed offers; online/social media advertising; or U.S. distribution agreements. Even actions as small as explicit availability in the U.S. or communications with potential U.S. consumers may be found as evidence that indicates targeted U.S. marketing. These forms of evidence serve as practical ways to investigate the conduct-focused and causal questions addressed by dmarcian and Abitron. They should be viewed as illustrative evidentiary categories that help prove domestic availment, rather than a rigid checklist that automatically guarantees liability or recovery.

Key Takeaways & Current Applications

Necessity for Domestic Conduct: Under the new two-step framework for testing the presumption against extraterritoriality handed down by the Supreme Court in Abitron, all actionable infringing use in U.S. commerce must be domestic in order to recover under § 1117(a) of the Lanham Act. Foreign activity connected to that use does not necessarily defeat the claim, but wholly foreign use cannot supply liability by itself.
Shrinking of Disgorgement: Because of the courts’ new power to award profits subject to the principles of equity at their discretion, along with the curtailing of disgorgement of foreign profits, remedies in international trademark infringement disputes may decrease.
Expanding of Domestic “in commerce” Conduct Fit for the Modern Era: The common law of the United States is already adjusting to the confirmation that the Lanham Act is not extraterritorial. In doing so, courts have brought the domestic “in commerce” conduct requirement into the online shopping era and held that marketing, advertising, and distribution in U.S. markets satisfies the requirement and therefore allows plaintiffs to recover under § 1117(a) of the Lanham Act. This offers domestic companies a safety blanket against foreign competition who act wholly international, but target U.S. consumers.

[1] 15 U.S.C. § 1117(a).

[2] Abitron Austria GmbH v. Hetronic Int’l, Inc., 600 U.S. 412, 428 (2023).

[3] Morrison v. Natl. Australia Bank Ltd., 561 U.S. 247, 255-56 (2010).

[4] RJR Nabisco v. European Community, 579 U.S. 325, 337 (2016).

[5] Abitron, 600 U.S. at 417-18 (quoting RJR Nabisco, 579 U.S. at 335-37).

[6] Id. at 418.

[7] Id.

[8] Id. (quoting WesternGeco LLC v. ION Geophysical Corp., 585 U.S. 407, 413 (2018)).

[9] Id.

[10] Id.

[11] 15 U.S.C. § 1114; 15 U.S.C. § 1125(a)(1).

[12] Abitron, 600 U.S. at 420.

[13] 15 U.S.C. § 1127.

[14] Abitron, 600 U.S. at 420 (citing Morrison, 561 U.S. at 262-63; see also RJR Nabisco, 579 U.S. at 344).

[15] Id. at 421-22 (distinguishing Steele v. Bulova Watch Co., 344 U.S. 280 (1952)).

[16] Id. at 423.

[17] Id. at 428.

[18] Hetronic Int’l, Inc. v. Hetronic Germany GmbH, 99 F.4th 1150, 1155 (10th Cir. 2024) (opinion on remand from Abitron Austria GmbH v. Hetronic Int’l, Inc., 600 U.S. 412 (2023)).

[19] Id. at 1166-67.

[20] Id. at 1172.

[21] Id.

[22] Id. at 1173.

[23] Id.

[24] Id. at 1172.

[25] Id.

[26] Trojan Battery Co., L.L.C. v. Golf Carts of Cypress, L.L.C., 175 F.4th 582 (5th Cir. 2026).

[27] Hetronic, 99 F.4th at 1172.

[28] dmarcian, Inc. v. DMARC Advisor BV, 182 F.4th 289, 301 (4th Cir. 2026).

[29] Id. at 302.

[30] Id.

[31] Id.

[32] Id.

[33] Id. at 302-03.

[34] Id. at 302.

The post The Extraterritorial Reach of U.S. Trademark Remedies After Abitron appeared first on .

Is Generative AI Fair Use?

sewellnylaw — Sun, 18 Oct 2026 08:51:51 +0000

Is Generative AI Fair Use?:
What the Courts Are Saying About AI and Copyright Infringement

Generative AI, OECD (Accessed Sept. 22, 2026), https://www.oecd.org/en/topics/generative-ai.html

On September 4, 2026, the Seattle Times filed a lawsuit against Microsoft and OpenAI, claiming that the tech giants illegally stole their articles to train their AI models ChatGPT, Microsoft Copilot, and Bing AI.^[1] Together with Newsday, a Long Island-based newspaper, the Seattle Times alleged that Defendants bypassed Seattle Times’ and Newsday’s online paywalls to scrape content that they should have paid for.^[2] Plaintiffs filed in federal court in the Southern District of New York, seeking that Defendants cease using and destroy any remaining copies of the illegally obtained articles.^[3]

The action brought by the Seattle Times and Newsday is the latest in a line of lawsuits by American writers and copyright holders alleging that AI companies have engaged in copyright infringement on an unprecedented scale. Last year, the New York Times sued Perplexity AI, claiming that the tech startup was copying millions of its articles to train its AI products.^[4] In July 2025, a group of authors settled a class action suit against Anthropic, the company behind the AI model Claude. The lawsuit settled for $1.5 billion, the largest payout in the history of US copyright law.^[5]

These lawsuits also have major political implications. In September 2026, the US government weighed in for the first time on the question of AI and copyright. In a lawsuit titled In Re: OpenAI, Inc. Copyright Infringement Litigation,^[6] the US threw its weight behind AI development. In a Statement of Interest filed on September 1, 2026 with the Southern District of New York, the US stated that it has a “strong interest in this court rejecting any argument that training LLMs on copyrighted texts violates copyright law.”^[7] Its justification? International politics. Quoting President Trump, the brief emphasized the US’s commitment to “sustain and enhance America’s global AI dominance.”^[8]

Seattle Times v. OpenAI: The Claims

Hiroko Masuike, New York Times (Accessed Sept. 22, 2026) https://www.nytimes.com/2014/12/26/nyregion/a-new-york-court-celebrates-its-status-as-the-nations-oldest-but-others-arent-so-sure.html

But what are the courts actually saying? To answer that, a closer look at the claims brought by copyright holders is warranted. The latest lawsuit from the Seattle Times and Newsday provides an interesting case study.

The Seattle Times’ and Newsday’s copyright claims against OpenAI and Microsoft fall into two major categories. The first claim is copyright infringement, which is a violation of federal law codified under 17 U.S.C. § 501. The second claim is a violation of the Digital Millennium Copyright Act (“DMCA”). The DMCA is a portion of US copyright law amended in 1998 designed to address the rapidly-evolving relationship between copyright and the burgeoning Internet.^[9]

17 U.S.C. § 501 provides that “[a]nyone who violates any of the exclusive rights of the copyright owner . . . is an infringer of the copyright or right of the author.”^[10] In Seattle Times v. OpenAI, the Plaintiffs allege precisely that. The Seattle Times alleges that, “[b]y reproducing, storing, and processing copies of Plaintiffs’ works to build training datasets and to train, fine-tune, and ground Defendants’ GenAI models, and by disseminating generative output containing copies and derivatives of Plaintiffs’ works,” OpenAI and Microsoft have directly infringed on the Seattle Times and Newsday’s copyright.^[11]

The Seattle Times also alleges a similar copyright violation under the DMCA. The DMCA, among other things, specifically protects a copyright holder’s “copyright management information” (“CMI”). CMI includes the name and title of the work as well as any authors of the work. The DMCA, at 17 U.S.C. § 1202, prohibits anyone from altering or removing CMI from any work or from distributing any work knowing that CMI has been removed. To prove copyright infringement under 17 U.S.C. § 1202, a plaintiff must show that a defendant knew that CMI was removed or altered, and that they knew its distribution would “induce, enable, facilitate, or conceal an infringement.”^[12]

In their complaint, the Seattle Times and Newsday allege that OpenAI and Microsoft intentionally removed the Seattle Times’ and Newsday’s CMI from their works, and that OpenAI and Microsoft knew that doing so would “induce, enable, facilitate, or conceal infringement” of the Seattle Times’ and Newsday’s copyrights.^[13] Plaintiffs also showed that by simply copy-and-pasting a Seattle Times article’s headline and URL into ChatGPT, the model returned nearly four paragraphs verbatim from the original article.^[14]

Fair Use: A Limitation on Copyright Enforcement

Fair Use Decoded, Re:Create Coalition (Accessed Sept. 22, 2026), https://recreatecoalition.org/resources/fair-use-decoded/

Despite the numerous copyright claims the Seattle Times has against OpenAI and Microsoft, the Defendants have a powerful defense: fair use. The fair use doctrine is a carve-out in US copyright law that allows for the use of copyrighted materials in certain contexts. Specifically, fair use protects the use of copyrighted materials for “purposes such as criticism, comment, news reporting, teaching . . . , scholarship, or research.”^[15]

The rationale behind fair use is one of promoting innovation and free speech; it allows some flexibility in how courts must enforce copyright law, so that copyright does not “stifle the very creativity which that law is designed to foster.”^[16] The law provides a four-factor test for courts to determine whether the use of a copyrighted work falls under fair use. Courts consider:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.^[17]

Fair use is an affirmative defense against an alleged infringing use. A defendant accused of copyright infringement need not claim that they didn’t violate a plaintiff’s copyright, only that they did so in a way that falls under fair use. If a court finds that fair use applies, the use is excused and can lead to the dismissal of the case entirely.^[18]

Claiming fair use is the overwhelmingly popular defense for AI companies accused of copyright infringement.^[19] And some courts are agreeing with them.

What Courts Are Saying: Bartz v. Anthropic

The Decision, New York State Unified Court System (Accessed Sept. 22, 2026), https://www.nycourts.gov/help/after-case-over/decision

Two significant cases, both coming from California federal court in June 2025, have come down with strong arguments in favor of finding fair use when AI companies use copyrighted works to train their large language models.

In Bartz v. Anthropic PBC, authors of copyrighted books brought a putative class action against Anthropic, claiming that Anthropic made unauthorized copies of their works and used those copies to train its large language model. Judge William Alsup, writing for the Northern District of California, analyzed Anthropic’s use of the authors’ works, weighing each of the four fair use factors, and ultimately decided that Anthropic’s usage fell under fair use.

Most significantly, the court found that OpenAI’s use was “quintessentially transformative.” Judge Alsup wrote that Anthropic’s large language model did not merely duplicate the authors’ works, but acted “[l]ike any reader aspiring to be a writer[.] Anthropic’s LLMs trained upon works not to race ahead and replicate or supplant them[,] but to turn a hard corner and create something different.”^[20] The authors did not allege that Claude could directly produce copies of their work—thus, the court found no “traceable connection” between the model’s output and the authors’ works.^[21]

The court also found that Anthropic’s use of the authors’ works would not have a detrimental effect on the value of their original works. The authors argued that the use of generative AI would lead to an explosion of competitive works, but the court did not agree. Judge Alsup wrote that the authors’ argument was “no different than it would be if they complained that training schoolchildren to write well would result in an explosion of competing works.”^[22]

Judge Alsup found that all but one of the fair use factors favored Anthropic. Alsup granted summary judgment in favor of Anthropic on the issue of Anthropic’s use of copyrighted works in training data.

Pumping the Brakes: Kadrey v. Meta Platforms

While Judge Alsup came down conclusively in favor of AI, Judge Vince Chhabria, also a judge in California’s Northern District, cautioned against granting AI companies free rein to train their models on copyrighted material. Chhabria conducted the same four-factor fair use test in Kadrey v. Meta Platforms, an action brought by various copyright holders against Meta and its large language model, Llama.^[23] While Judge Chhabria also held that Meta had successfully established a prima facie showing of fair use, Chhabria suggested a pathway for future plaintiffs to survive a motion to dismiss.

Chhabria agreed with Alsup that Meta’s use of copyrighted work to train its AI model was transformative. However, he disagreed with Alsup’s analysis of AI’s potential market effect. Chhabria argued that Alsup’s analogy equating AI to a horde of schoolchildren was “inapt.” “[W]hen it comes to market effects,” Chhabria wrote, “using books to teach children to write is not remotely like using books to create a product that a single individual could employ to generate countless competing works with a miniscule fraction of the time and creativity it would otherwise take.”^[24] Chhabria noted that “[b]ecause the issue of market dilution is so important in this context, had the plaintiffs presented any evidence that a jury could use to find in their favor on the issue, factor four would have needed to go to a jury.” (emphasis added).^[25]

Chhabria also acknowledged the implicit injustice in allowing AI companies to profit directly from the works of copyright holders while paying them nothing in return. “No matter how transformative LLM training may be,” Chhabria wrote, “it’s hard to imagine that it can be fair use to use copyrighted books to develop a tool to make billions or trillions of dollars while enabling the creation of a potentially endless stream of competing works.”^[26]

Returning to Seattle Times v. OpenAI: What’s the News?

What does this mean for the Seattle Times and Newsday and their case against OpenAI and Microsoft? Plaintiffs likely have an uphill battle ahead of them, but there may be a few key factors that could turn the case in their favor.

Seattle Times’ first favorable fact is on the third factor: the amount and substantiality of OpenAI’s use. While the plaintiff authors in Bartz v. Anthropic did not submit any evidence that Claude could produce replicas of their copyrighted works, the Seattle Times does. In their complaint, they specifically allege that ChatGPT will regurgitate, verbatim, large parts of the Seattle Times and Newsday’s copyrighted material, effectively bypassing the newspapers’ online paywall.^[27] Since the third fair use factor is primarily an analysis of the extent to which the allegedly infringing use functions as a competitor to the original work, the Seattle Times may have a better case than the plaintiffs in Bartz v. Anthropic.

Second, the Seattle Times has a blueprint for surviving a motion to dismiss, thanks to the opinion in Kadrey v. Meta Platforms. While not a binding authority, federal courts regularly look to other jurisdictions for instruction, particularly in cases of first impression. If the Seattle Times can produce a triable issue of fact that OpenAI has diluted the market for paid news sources, that showing may be sufficient to overcome a motion to dismiss on a fair use argument.

The future of AI development is on a high-speed collision course with existing copyright law, and only time will tell how—or if—both sides will weather the impact. Generative AI is a rapidly evolving market with trillions of dollars behind it, and proponents of AI growth may claim that copyright law must evolve or be left behind. But large language models are only as good as the data they are trained on. Ignoring the impact that training these models has on the people creating the works that serve as the foundation for these models is a convenient but unjust shortcut in the pursuit of tech and profit. Copyright law still has a place in ensuring that people are compensated for the works they produce. Judge Chhabria put it succinctly: “If using copyrighted works to train the models is as necessary as the companies say, they will figure out a way to compensate copyright holders for it.”^[28]

[1] Chase DiBenedetto, OpenAI, Microsoft Face Copyright Lawsuit from Local Newspapers, Mashable (Sept. 6, 2026), https://mashable.com/tech/openai-microsoft-face-another-publishing-lawsuit.

[2] Complaint, The Seattle Times Company et al v. OpenAI Inc. et al, Docket No. 1:26-cv-07644 (S.D.N.Y. Sep 04, 2026).

[3] Seattle Times, Newsday sue OpenAI, Microsoft, alleging copyright infringement, Reuters (Sept. 4, 2026), https://www.reuters.com/legal/government/seattle-times-newsday-sue-openai-microsoft-alleging-copyright-infringement-2026-09-05/.

[4] Jaspreet Singh, New York Times Sues Perplexity AI for ‘illegal’ Copying of Content, Reuters (Dec. 5, 2025), https://www.reuters.com/legal/litigation/new-york-times-sues-perplexity-ai-infringing-copyright-works-2025-12-05/

[5] Blake Brittain, AI Copyright Battles Enter Pivotal Year as US Courts Weigh Fair Use, Reuters (Jan. 5, 2026), https://www.reuters.com/legal/government/ai-copyright-battles-enter-pivotal-year-us-courts-weigh-fair-use-2026-01-05/.

[6] In Re: OpenAI, Inc. Copyright Infringement Litigation, Docket No. 1:25-md-03143 (S.D.N.Y. Apr 11, 2025)

[7] Blake Brittain, US government backs OpenAI in New York Times copyright case, Reuters (Sept. 2, 2026), https://www.reuters.com/legal/litigation/us-government-backs-openai-new-york-times-copyright-case-2026-09-02/.

[8] Statement of the Interest of the United States, In Re OpenAI Copyright Infringement Litigation, Docket No. 1:25-cv-03483-SHS-OTW.

[9] The Digital Millennium Copyright Act, US Copyright Office (Accessed Sept. 22, 2026), https://www.copyright.gov/dmca/.

[10] 17 U.S.C § 501.

[11] Complaint, The Seattle Times Company et al v. OpenAI Inc. et al, Docket No. 1:26-cv-07644 (S.D.N.Y. Sep 04, 2026).

[12] Mango v. BuzzFeed, Inc., 970 F.3d 167, 171 (2d Cir. 2020).

[13] Complaint, The Seattle Times Company et al v. OpenAI Inc. et al, Docket No. 1:26-cv-07644 (S.D.N.Y. Sep 04, 2026).

[14] Id.

[15] 17 U.S.C. § 107.

[16] Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 598 U.S. 508, 527 (2023).

[17] 17 U.S.C. § 107.

[18] Bell v. Eagle Mountain Saginaw I.S.D., 27 F.4th 313, 320-21 (5th Cir. 2022).

[19] Blake Brittain, AI Copyright Battles Enter Pivotal Year as US Courts Weigh Fair Use, Reuters (Jan. 5, 2026), https://www.reuters.com/legal/government/ai-copyright-battles-enter-pivotal-year-us-courts-weigh-fair-use-2026-01-05/.

[20] Bartz v. Anthropic PBC, 787 F. Supp. 3d 1007, 1022 (N.D. Cal. 2025).

[21] Id. at 1030.

[22] Bartz, 787 F. Supp. 3d at 1032.

[23] Kadrey v. Meta Platforms, Inc., 788 F. Supp. 3d 1026 (N.D. Cal. 2025).

[24] Id. at 1036.

[25] Id. at 1060.

[26] Id.

[27] Complaint, The Seattle Times Company et al v. OpenAI Inc. et al, Docket No. 1:26-cv-07644 (S.D.N.Y. Sep 04, 2026).

[28] Kadrey v. Meta Platforms, Inc., 788 F. Supp. 3d 1026, 1036 (N.D. Cal. 2025).

The post Is Generative AI Fair Use? appeared first on .

Rockland County Hearing Officer

Vimal Gohil — Fri, 07 Aug 2026 16:09:16 +0000

Source: Unsplash; Gaétan Marceau Caron

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that its Managing Principal and founder, Mr. Sewell, has been appointed to serve as a Hearing Officer for Rockland County.

As a Hearing Officer, Mr. Sewell serves as a neutral and impartial adjudicator: he presides over administrative proceedings, weighs the evidence and testimony presented by the parties, and issues written decisions that resolve each matter on its merits and in accordance with the governing law.

The appointment continues the firm’s long record of service to public entities and government agencies throughout New York. The LAW FIRM OF DAYREL SEWELL, PLLC has represented governmental clients in state and federal courts and before administrative bodies, and Mr. Sewell’s service to Rockland County reflects the trust that public institutions have placed in the firm’s judgment and experience.

The LAW FIRM OF DAYREL SEWELL, PLLC remains committed to providing exceptional legal representation in New York, with a focus on corporate law, litigation, real estate, and intellectual property.

The post Rockland County Hearing Officer appeared first on .

Deed Theft: How New Yorkers Can Protect Their Homes from Title Fraud

sewellnylaw — Tue, 23 Jun 2026 18:15:24 +0000

Few crimes are as devastating as losing your home, especially when you lose it to someone you have never even met. Deed theft happens when the title to a property is transferred without the owner knowing or agreeing to such, and it disproportionately targets elderly homeowners, communities of color, and neighborhoods where values are rising fast. According to the New York City Sheriff’s office, at least 3,500 deed theft complaints have been filed in the city over the past decade. Thieves typically work in one of two ways: forgery, where a scammer fakes the owner’s signature on a deed and records it with the county, or fraud, where a homeowner is tricked into signing away the deed after false promises of help.

New York State Strengthens Homeowner Protections with New Deed Theft Law, City Bar Justice Center (September 16, 2024). Accessed June 9, 2026, https://www.citybarjusticecenter.org/news/new-york-state-strengthens-homeowner-protections-with-new-deed-theft-law/

Assemblywoman Pheffer Amato and District Attorney Melinda Katz Host Homeowner Deed Protection Webinar, New York State Assembly (citing the New York City Sheriff’s Office). Accessed June 9, 2026, https://www.assembly.ny.gov/mem/Stacey-Pheffer-Amato/story/111687

Deed Theft Laws in NYC: What Counts as Home Title Theft, Jason Goldman Law (September 30, 2025). Accessed June 9, 2026, https://www.jasongoldmanlaw.com/insights/deed-home-title-theft

Photo by Ronny Rondon on Unsplash. Accessed June 11, 2026, https://unsplash.com/photos/green-tree-in-front-of-brown-concrete-building-mMlpDj0yZn4

How New York is fighting back. New York now has some of the nation’s strongest deed theft protections. In November 2023, the state enacted a law (S.6577/A.6656) allowing the Attorney General and district attorneys to pause related eviction and ownership proceedings while a theft is investigated, and to invalidate fraudulent sale and loan documents. In July 2024, the state went further, classifying deed theft as grand larceny with escalating felony penalties, extending the time to bring charges, and giving the Attorney General’s office original criminal jurisdiction

Governor Hochul Signs Legislation to Protect New York Homeowners From Deed Theft, Office of the Governor of New York (November 14, 2023). Accessed June 9, 2026, https://www.governor.ny.gov/news/governor-hochul-signs-legislation-protect-new-york-homeowners-deed-theft

to prosecute these cases statewide. The first indictments under the new law were announced in August 2025.

How to protect your home. You do not have to wait for a thief to act. New York City homeowners can sign up for the City Register’s Notice of Recorded Document Program, which sends a free alert whenever a deed, mortgage, or related document is recorded against your property, and you can add a trusted family member or attorney as a designee. It is also wise to check your property’s records on ACRIS at least once a year. Long Island owners have similar free tools: Nassau County’s Property Fraud Alert and Suffolk County’s Homeowner Watch List. Two more safeguards matter: purchasing an owner’s title insurance policy, a one-time cost that protects against forgery and fraud in your chain of title and consulting a lawyer before adding or removing anyone from your deed or taking out a new, second, or reverse mortgage.

City Bar Justice Center, supra note 1 (July 2024 law classifying deed theft as grand larceny, extending the statute of limitations, and granting the Attorney General original criminal jurisdiction).

New York Indicts Two Under the State’s New Deed Theft Law; How to Protect Your Home, ConsumerAffairs (August 11, 2025). Accessed June 9, 2026, https://www.consumeraffairs.com/news/new-york-indicts-two-under-the-states-new-deed-theft-law-how-to-protect-your-home-081125.html

Protect Your Property from Deed Fraud, NYC Department of Finance. Accessed June 9, 2026, https://www.nyc.gov/site/finance/property/deed-fraud.page

Automated City Register Information System (ACRIS), NYC Department of Finance. Accessed June 9, 2026, https://www.nyc.gov/site/finance/property/acris.page

Property Fraud Alert Sign Up, Nassau County, NY. Accessed June 9, 2026, https://www.nassaucountyny.gov/4699/Property-Fraud-Alert-Sign-Up; Homeowner Watch List (HOWL), Suffolk County Clerk. Accessed June 9, 2026, https://clerk.suffolkcountyny.gov/kiosk/Default.aspx

NYC Department of Finance, supra note 7 (recommending owner’s title insurance and consulting a lawyer before changing a deed or taking out a new mortgage).

Photo by Mari Helin on Unsplash. Accessed June 11, 2026, https://unsplash.com/photos/black-framed-eyeglasses-on-white-printing-paper-ilSnKT1IMxE

If you become a victim. Act quickly. Report suspected fraud to the New York City Sheriff’s Office at (718) 707-2100 or to the Attorney General at 800-771-7755, obtain a certified copy of the fraudulent document, and contact counsel immediately.

If you are buying, selling, or simply want to make sure your title is secure, the brokers at EVERHOUSE Realty and the attorneys at the Law Firm of Dayrel Sewell, PLLC can help you safeguard the most valuable asset most New Yorkers will ever own.

Tags: Deed Theft, Title Fraud, Home Title Theft, Deed Fraud Protection, ACRIS, New York Homeowners, Property Records, Title Insurance, Brooklyn Real Estate, New York Real Estate Law

The post Deed Theft: How New Yorkers Can Protect Their Homes from Title Fraud appeared first on .

Copyright vs Trademark Infringement in New York : What Is the Difference?

sewellnylaw — Thu, 26 Feb 2026 19:21:13 +0000

Intellectual property is one of the most valuable assets a business can own. In New York’s competitive marketplace, creative content and brand identity often define a company’s success. When those assets are misused, swift legal action is essential.

However, many businesses confuse copyright infringement with trademark infringement. While both fall under intellectual property law, they protect different rights and require different legal strategies. Understanding the distinction helps determine whether you need copyright infringement attorneys, a trademark infringement lawyer, a business litigation lawyer, or guidance from an established trademark law firm.

This article explains the differences, legal remedies, and how LAW FIRM OF DAYREL SEWELL, PLLC assists clients in protecting their intellectual property rights.

Understanding Intellectual Property Law in New York

Intellectual property law protects creations of the mind and commercial identifiers used in business. In industries such as media, technology, fashion, entertainment, and finance, intellectual property disputes are common.

Two of the most misunderstood areas are copyright and trademark law. Although they sometimes overlap, their purpose, scope, and enforcement mechanisms differ significantly.

Source: Pearl lemon legal

What Is Copyright Protection?

Books and written content
• Music and sound recordings
• Films and digital media
• Photographs and artwork
• Software code
• Architectural designs

Copyright protection (Title 17 of the United States Code) begins automatically once the work is created. However, registration with the U.S. Copyright Office strengthens legal enforcement and is required before filing a lawsuit in federal court.

What Is Trademark Protection?

Trademark law (Title 15 of the United States Code) protects words, symbols, phrases, designs, and other identifiers that distinguish the source of goods or services.

Common trademarks include:

Business names
• Logos
• Slogans
• Product packaging
• Trade dress

The primary goal of trademark law is to prevent consumer confusion. It ensures that customers can identify the true origin of goods and services in the marketplace.

Key Differences Between Copyright and Trademark Infringement

Although both are forms of intellectual property protection, they differ in several important ways.

1. Subject Matter

2. Legal Purpose

Copyright promotes creativity by protecting original works.
Trademark protects consumers and safeguards brand reputation.

3. Registration Requirements

Copyright protection is automatic, but must be registered before filing a federal lawsuit.
Trademark rights may arise through use, but federal registration provides broader protection and stronger remedies.

4. Duration of Protection

Copyright typically lasts for the life of the author plus seventy years.
Trademark protection can last indefinitely as long as the mark remains in use and proper filings are maintained.

5. Legal Standard

Understanding these differences helps businesses determine whether they should consult copyright infringement attorneys or a trademark infringement lawyer.

Legal Remedies for Copyright Infringement

If copyright infringement is proven, courts may award:

Statutory damages
• Actual damages and lost profits
• Injunctive relief
• Attorney fees
• Seizure or destruction of infringing materials

Because federal court litigation can be complex, businesses often work closely with copyright infringement attorneys and a business litigation lawyer to build a strong enforcement strategy.

Trademark Litigation Remedies and Legal Options

Trademark infringement cases may result in:

Court orders preventing further use of the infringing mark
• Monetary damages
• Recovery of profits gained through infringement
• Destruction of counterfeit goods
• Corrective advertising remedies

A trademark law firm may also seek immediate injunctive relief when ongoing misuse threatens a company’s brand reputation.

Source: Ascentium

When Intellectual Property Disputes Become Business Litigation

Intellectual property conflicts frequently intersect with broader commercial disputes. These may include:

Partnership disputes involving trademark ownership
• Licensing agreement breaches
• Franchise conflicts
• Corporate disagreements over brand assets

In these cases, a business litigation lawyer provides comprehensive representation that addresses both intellectual property rights and broader commercial concerns.

Combining intellectual property enforcement with strategic commercial litigation ensures that business interests are fully protected.

Why Early Legal Action Is Critical

Delaying enforcement can weaken legal claims and increase financial exposure. Intellectual property violations can quickly damage a brand’s reputation and market position.

Businesses that consult a trademark infringement lawyer or copyright infringement attorneys at the earliest sign of infringement often achieve more favorable outcomes, whether through negotiation or litigation.

How LAW FIRM OF DAYREL SEWELL, PLLC Can Assist

LAW FIRM OF DAYREL SEWELL, PLLC represents clients in intellectual property law, civil litigation, commercial litigation, corporate law, and real estate law. As a New York City law firm, we provide personalized and strategic representation tailored to each client’s needs.

Businesses seeking a trademark infringement lawyer, copyright infringement attorneys, a business litigation lawyer, or a trusted trademark law firm benefit from an integrated approach. The firm evaluates intellectual property rights, assesses litigation risks, and develops customized strategies designed to protect creative works and brand assets.

Serving clients in Brooklyn, Manhattan, throughout New York City, and abroad, the LAW FIRM OF DAYREL SEWELL, PLLC focuses on delivering high quality, client centered legal services across a wide range of complex matters.

Conclusion

Copyright infringement and trademark infringement protect different legal rights, and understanding the difference is essential for effective enforcement. Copyright protects creative works, while trademark safeguards brand identity and prevents consumer confusion.

If your content has been copied, consulting experienced copyright infringement attorneys is critical. If your brand identity is being misused, a skilled trademark infringement lawyer can protect your rights. When disputes involve contracts, partnerships, or corporate matters, a business litigation lawyer ensures comprehensive representation.

Working with a reputable trademark law firm like LAW FIRM OF DAYREL SEWELL, PLLC provides businesses in New York with strategic legal guidance designed to safeguard intellectual property, preserve brand value, and support long term success.

FAQs

What is the difference between copyright and trademark infringement?

Copyright infringement involves unauthorized copying of creative works such as books, music, software, or artwork. Trademark infringement involves unauthorized use of a brand name, logo, or slogan that may cause consumer confusion. A trademark infringement lawyer can help determine which claim applies.

Do I need both copyright and trademark protection for my business?

In many cases, yes. A logo may qualify for copyright protection as artistic work and trademark protection as a brand identifier. Copyright infringement attorneys and a trademark law firm can evaluate your assets and recommend comprehensive protection strategies.

When should I hire a trademark infringement lawyer?

You should consult a trademark infringement lawyer immediately if another business uses a similar name, logo, or slogan. Early action helps prevent customer confusion, financial loss, and long term brand damage while preserving your legal enforcement options.

Can I sue for copyright infringement without registration?

No. Registration with the U.S. Copyright Office is required before filing a federal copyright infringement lawsuit. Copyright infringement attorneys can assist with proper registration and evaluate your eligibility for statutory damages and attorney fees.

What remedies are available in a trademark infringement case?

Courts may award injunctive relief, monetary damages, recovery of profits, and destruction of counterfeit goods. A trademark law firm or business litigation lawyer can pursue strategic enforcement actions to protect your brand and commercial interests.

The post Copyright vs Trademark Infringement in New York : What Is the Difference? appeared first on .

Hiring a Business Litigation Lawyer in New York City: A Complete Guide

sewellnylaw — Mon, 23 Feb 2026 18:50:40 +0000

Running a business in New York City is exciting, but it also comes with legal risks. Contracts can be breached, partnerships can fall apart, and commercial disputes can quickly become expensive lawsuits. When conflicts escalate, hiring the right Business Litigation Lawyer is one of the most important steps you can take to protect your company.

For businesses in New York, working with a trusted and experienced legal team like the Law Firm of Dayrel Sewell, PLLC can make all the difference when navigating complex disputes. If you are a business owner in New York, understanding when and how to hire a qualified attorney can make a major difference in the outcome of your case.

Why Businesses in Brooklyn Face Litigation

Brooklyn is home to startups, established corporations, real estate investors, and family owned enterprises. With that level of economic activity, disputes are common. Some of the most frequent business conflicts include:

Breach of contract
Shareholder and partnership disputes
Commercial lease disagreements
Business tort claims
Intellectual property disputes
Fraud or misrepresentation allegations

In a competitive market like New York, even small disagreements can quickly turn into formal legal actions. This is where a skilled business litigation attorney New York companies rely on becomes essential.

Source: Techicy

When Should You Hire a Business Litigation Lawyer

Many business owners wait until they are officially served with a lawsuit. However, it is often smarter to involve a lawyer earlier.

You should consider hiring a Business Litigation Lawyer if:

A contract has been violated
You receive a legal demand letter
A partner is acting against company interests
Negotiations break down
Your business faces potential liability

Early intervention allows your attorney to evaluate risks, preserve evidence, and build a strategic plan before the situation escalates.

What a Business Litigation Lawyer Does

A Business Litigation Lawyer handles disputes that may lead to court proceedings. Their responsibilities typically include:

Reviewing contracts and agreements
Analyzing financial records
Drafting or responding to legal complaints
Managing discovery
Negotiating settlements
Representing clients at trial

A knowledgeable business litigation attorney New York businesses trust will focus not only on legal arguments but also on protecting your company’s long term financial health and reputation.Choosing The Law Firm of Dayrel Sewell, PLLC ensures your case is managed with both expertise and business strategy.

Why Local Experience Matters

Commercial litigation in Brooklyn often proceeds through New York State Supreme Court or federal courts in the Eastern District of New York. Each court has specific rules and procedures.

Working with a reputable Brooklyn law firm provides an advantage because local attorneys understand:

Court filing procedures
Judicial expectations
Local business regulations
Regional litigation trends

The LAW FIRM OF DAYREL SEWELL, PLLC has built its practice around litigation and appellate advocacy in New York courts. Led by Dayrel S. Sewell, the firm represents businesses and individuals in complex commercial disputes. Having a litigation-focused firm on your side provides clarity and confidence during high-stakes legal battles.

Source: Paul humbert law

What to Expect During the Litigation Process

After hiring a Business Litigation Lawyer, the legal process usually follows several stages:

Initial Case Review

Your attorney evaluates documents, contracts, emails, and financial data to determine strengths and weaknesses.

Strategy Development

Not all cases go to trial. Sometimes mediation or negotiation produces faster and more cost effective results.

Filing or Responding to a Lawsuit

If you are bringing a claim, your lawyer files a complaint. If you are being sued, they prepare a defense.

Discovery

Both parties exchange documents and take depositions.

Resolution or Trial

Many cases settle before trial. If not, your attorney presents your case before a judge or jury.

Throughout this process, clear communication from your Brooklyn law firm is essential. You should always understand the risks, timelines, and potential outcomes.

How to Choose the Right Business Litigation Lawyer

Selecting the right attorney can directly impact your case. Consider these factors:

Experience handling commercial disputes
Familiarity with New York courts
Strong courtroom presence
Transparent communication
Strategic thinking

An experienced business litigation attorney New York business owners trust will balance aggressive advocacy with practical business sense.The Law Firm of Dayrel Sewell, PLLC provides this combination of courtroom skill and business-focused legal guidance.

Conclusion

Hiring a Business Litigation Lawyer in Brooklyn is not just about responding to a lawsuit. It is about safeguarding your company’s future. Legal disputes can disrupt operations, damage reputations, and create financial strain. The right legal partner helps you navigate challenges strategically and confidently.

If your business is facing a dispute, do not wait until the situation worsens. Consulting a trusted Brooklyn law firm such as the LAW FIRM OF DAYREL SEWELL, PLLC can provide the guidance you need to protect your interests and move forward with strength. When your business is on the line, the right legal partner provides clarity, strategy, and confidence every step of the way.

FAQS

What is a business litigation lawyer?

A business litigation lawyer is an attorney who represents companies in legal disputes. They handle issues like contracts, partnership conflicts, intellectual property, and commercial claims, providing guidance to protect your business in New York courts and ensure favorable outcomes.
What does a business litigation lawyer do?

A business litigation lawyer manages all aspects of commercial disputes. They review contracts, file or respond to lawsuits, conduct discovery, negotiate settlements, and represent clients in court. Their goal is to protect the company’s interests and minimize financial and reputational risk.
What is business litigation?

Business litigation is the process of resolving disputes between companies, partners, or business owners. It includes contract breaches, shareholder disagreements, commercial lease conflicts, or intellectual property claims. Litigation may involve negotiation, arbitration, or courtroom proceedings to achieve resolution.
When should I hire a business litigation lawyer?

You should hire a business litigation lawyer as soon as a dispute cannot be resolved internally, such as a contract breach, partnership conflict, or shareholder disagreement. Early involvement helps preserve evidence, assess risks, and develop a strategy to protect your business.
How can a business litigation lawyer help my business?

A business litigation lawyer safeguards your company’s finances, reputation, and operations. They provide advice on strategy, evaluate risks, negotiate settlements, and represent you in court, ensuring your business rights are protected while resolving disputes efficiently and effectively.

The post Hiring a Business Litigation Lawyer in New York City: A Complete Guide appeared first on .

Complete Guide to the Best Corporate Law Firms in New York

sewellnylaw — Wed, 14 Jan 2026 20:58:23 +0000

Choosing the right corporate law firm in New York can have a major impact on your business’s success. Whether you are a startup founder, a business owner, or an executive at a multinational corporation, having access to skilled corporate legal services ensures that your company operates safely, complies with complex regulations, and grows without unnecessary risk.

From the early stages of business formation to high-stakes mergers and acquisitions, corporate lawyers play a vital role in protecting your assets and guiding strategic decisions. In one of the most competitive and regulated business environments in the world, failing to have proper legal support can result in contract disputes, compliance violations, intellectual property conflicts, employment issues, or costly litigation. These challenges can slow growth, drain resources, and threaten long-term success.

This guide will walk you through the key roles of corporate lawyers, the services offered by top firms, and tips for selecting the right corporate legal partner for your business. To illustrate these principles, we highlight the LAW FIRM OF DAYREL SEWELL, PLLC, a highly regarded corporate law firm in New York City, trusted by clients ranging from startups to Fortune 500 companies.

What Corporate Lawyers Do

Corporate lawyers serve as trusted advisors for businesses of all sizes. Many business owners wonder, “what does a corporate attorney do?” or “do corporate lawyers go to court?” The truth is, corporate attorneys provide a combination of advisory, transactional, and sometimes litigation services, all aimed at protecting the business and supporting growth.

At their core, corporate lawyers help businesses navigate complex legal and regulatory landscapes. They provide guidance on business structure, contracts, mergers, compliance, risk management, and other matters essential to long-term stability. While some corporate lawyers handle litigation, most focus on preventing legal problems through careful planning and proactive advice.

A skilled corporate lawyer assists businesses with:

Establishing the right legal structure for the company
Drafting, reviewing, and negotiating contracts
Conducting due diligence for mergers and acquisitions
Advising on corporate governance and board responsibilities
Ensuring compliance with local, state, and federal regulations
Managing intellectual property and employment-related issues
Providing strategic counsel on risk management and business growth

By working closely with corporate lawyers, businesses can focus on growth while minimizing exposure to costly legal risks.

Source: Law Firm

Key Corporate Legal Services Offered by Top Firms

Corporate law firms provide a broad range of services to help businesses stay compliant, avoid disputes, and achieve their strategic goals. These services are essential for companies that want to operate confidently in New York’s complex legal environment.

Business Formation and Structuring

The foundation of any successful business is proper legal formation. A business formation attorney helps companies determine whether to establish an LLC, corporation, partnership, or other entity type. This includes guidance on registration, documentation, and tax considerations.

A well-structured business protects personal assets, ensures tax efficiency, and creates a platform for growth. For example, a startup seeking investors may choose a C corporation to allow for venture capital funding. At the same time, a small business owner might prefer an LLC for flexibility and liability protection. The right business formation attorney helps evaluate your goals and recommend the optimal structure.

Corporate Governance

Corporate governance is the system of rules, practices, and policies that guide a company’s management. A corporate governance lawyer advises boards, executives, and shareholders on legal responsibilities and best practices. Proper governance strengthens accountability, ensures compliance, and builds investor confidence.

Corporate governance services often include:

Structuring boards of directors and defining roles
Establishing executive compensation and benefit policies
Managing shareholder rights and agreements
Implementing corporate codes of conduct
Ensuring accurate reporting and disclosure

Strong governance reduces the risk of disputes, regulatory fines, and internal conflicts, helping businesses operate smoothly.

Corporate Commercial Law

Corporate commercial law focuses on agreements, transactions, and deals that are central to a company’s operations. A corporate commercial lawyer ensures that contracts with suppliers, partners, and clients are legally sound, protecting the business from potential disputes.

Services in corporate commercial law include:

Negotiating supply agreements and vendor contracts
Drafting partnership agreements and licensing deals
Structuring complex commercial transactions
Advising on corporate mergers and acquisitions

By relying on a corporate commercial lawyer, businesses can confidently enter deals, minimize risk, and create value through strategic agreements.

Corporate Contracts

Contracts are the backbone of business operations. A corporate contract lawyer drafts, reviews, and negotiates contracts to define rights and obligations while minimizing potential risks clearly. Poorly written contracts can lead to misunderstandings, litigation, or financial losses.

Key responsibilities include:

Drafting employment contracts, vendor agreements, and commercial contracts
Ensuring compliance with applicable laws
Including clear protections and remedies
Reducing ambiguity to prevent disputes

With strong contract management, companies can focus on growth and operations without constantly worrying about legal pitfalls.

Compliance Advisory Services

Compliance is critical in New York’s regulated business environment. Compliance advisory services guide businesses in meeting local, state, and federal requirements, including securities laws, employment regulations, environmental standards, tax obligations, and industry-specific rules.

Corporate lawyers monitor changes in the law and proactively implement measures to ensure ongoing compliance. By doing so, they help companies avoid fines, legal disputes, and reputational damage.

Source: PM Attorneys

The Role of Corporate Counsel at Dayrel Sewell, PLLC

For businesses seeking dynamic and experienced legal guidance, the LAW FIRM OF DAYREL SEWELL, PLLC offers comprehensive corporate counsel services. Corporate counsel at Dayrel Sewell’s firm not only provides legal advice but also ensures that the company’s operations align with regulatory requirements and strategic objectives.

Typical duties of corporate counsel include:

Negotiating employee contracts and benefits
Preparing and filing government reports
Drafting and reviewing legal documents
Evaluating business relationships with vendors and subcontractors
Guiding management on compliance and regulatory matters
Administering training workshops and employee handbooks
Representing the company in administrative boards or court trials
Supervising outside counsel for specialized legal services
Structuring joint ventures and partnerships

This wide-ranging expertise ensures that every aspect of a business’s operations is legally protected. Whether managing day-to-day operational issues or high-value transactions, Dayrel Sewell’s attorneys provide proactive, strategic, and practical legal support.

Why Choose a Corporate Law Firm in New York

New York is a major business hub, and its legal environment is complex. Corporate law in the state is governed by the New York Business Corporation Law , which requires businesses to navigate intricate rules regarding governance, contracts, and compliance.

Because of this complexity, businesses need corporate lawyers who are:

Highly qualified and experienced with state and federal regulations
Skilled negotiators and strategic advisors
Knowledgeable about industry-specific issues
Capable of handling litigation if necessary

Top corporate law firms provide sophisticated solutions backed by extensive industry knowledge. They help businesses manage risk, comply with regulations, and execute strategic initiatives confidently.

The LAW FIRM OF DAYREL SEWELL, PLLC, exemplifies these qualities. Their attorneys stay up to date on legal developments and understand the fast-paced business environment in New York, enabling clients to receive practical and protective legal strategies.

Tips for Choosing the Right Corporate Law Firm

Selecting the right corporate law firm is a strategic decision that can significantly impact your business. Consider these factors:

Match Expertise with Your Needs

Evaluate which legal services are most important to your business. Do you need assistance with:

Business formation
Contract negotiation
Compliance with industry regulations
Risk management
Mergers and acquisitions

Choose a firm with proven experience in the areas most relevant to your business.

Evaluate Reputation and Experience

Look for firms with strong reputations, positive client testimonials, and a track record of success. Case results and industry recognition can help identify firms that are capable and trustworthy.

Understand Litigation Capabilities

Some firms focus primarily on advisory services, while others are prepared to represent clients in court. Consider your potential need for litigation when making a selection.

Consider Communication and Compatibility

Effective communication is essential. Choose a firm that explains complex legal issues clearly, listens to your concerns, and provides timely advice.

Conclusion

Choosing the right corporate law firm in New York is a critical step for protecting your business, minimizing risk, and achieving sustainable growth. Corporate lawyers provide essential services such as business formation, compliance advisory services, contract drafting, and risk management, helping companies operate with confidence.

The LAW FIRM OF DAYREL SEWELL, PLLC stands out as a trusted corporate law firm offering tailored legal solutions for businesses at every stage. Their experienced attorneys provide practical, proactive, and strategic legal support that allows companies to focus on growth while remaining legally compliant. Investing in the right corporate legal partner is an investment in the long-term success of your business.

FAQS

What is the best corporate law firm in New York?

The LAW FIRM OF DAYREL SEWELL, PLLC is a top choice in New York, offering corporate legal services such as business formation, contract negotiation, compliance advisory services, and risk management for startups and large corporations alike.

What services do corporate law firms in New York provide?

Corporate law firms provide business formation, corporate governance, contract drafting and negotiation, compliance advisory services, mergers and acquisitions, intellectual property protection, employment law, real estate transactions, tax planning, and dispute resolution to ensure businesses operate safely and legally.

What factors affect a corporate lawyer’s fees in New York?

Corporate lawyer fees in New York depend on several factors, including the attorney’s experience, the size and reputation of the law firm, the complexity of the legal matter, the type of services provided, and the duration of the engagement. Each case is unique, so fees may vary accordingly.

How can a corporate lawyer help with business formation in New York?

A business formation attorney helps clients choose the best legal structure, file required registrations, comply with New York regulations, protect personal assets, and create a solid foundation for future growth, whether forming an LLC, corporation, or partnership.

How do corporate lawyers assist with mergers and acquisitions?

Corporate lawyers guide mergers and acquisitions by performing due diligence, drafting and reviewing contracts, negotiating terms, ensuring regulatory compliance, managing risk, and structuring deals to protect business interests and support strategic growth and long-term success.

The post Complete Guide to the Best Corporate Law Firms in New York appeared first on .

How to Choose the Best Patent Law Firm for Legal Protection

sewellnylaw — Mon, 05 Jan 2026 19:11:08 +0000

Innovation drives business growth, but having a great idea is only the first step. Protecting your inventions is critical to maintaining a competitive edge, attracting investors, and ensuring your business thrives. Choosing the right patent attorney and a reliable law firm patent team can make all the difference in keeping your inventions legally safe and strategically positioned for growth.

The LAW FIRM OF DAYREL SEWELL, PLLC, based in New York City, is a leading patent law firm helping inventors and businesses of all sizes secure legal protection for their innovations. Their team of registered U.S. patent attorneys brings deep knowledge of patent law, technical expertise, and hands-on experience navigating complex challenges that businesses face today.

Why Patent Protection Matters

Every invention or product idea carries value. Without proper legal protection, competitors can copy your innovations, and your investment in research and development may be at risk.

Patents grant exclusive rights, preventing others from making, using, or selling your invention without permission. For businesses, patents are more than legal shields—they are strategic assets that can increase company valuation, create licensing opportunities, and strengthen negotiating power.

A dedicated law firm patent team ensures your patents are properly filed, enforceable, and strategically managed, allowing you to focus on innovation and business growth with confidence.

Source: Axiom Law

Understanding Patent Law

Patent law covers all aspects of protecting inventions, products, and processes. It includes:

Patent eligibility: Determining whether your invention qualifies for patent protection
Patent prosecution: Drafting and filing applications with the U.S. Patent and Trademark Office (USPTO)
Patent infringement and litigation: Enforcing your rights if someone uses your invention without permission
Patent licensing: Allowing others to use your invention while generating revenue legally

Patents not only prevent unauthorized copying but also provide legal recourse and establish ownership. With the right support, your patents become both a defensive tool and a business asset.

Key Qualities of the Best Patent Law Firms

Choosing the right patent law firm is crucial. The best firms combine technical expertise with legal knowledge to protect your innovations effectively. Look for firms that offer:

Experience with patent filing and enforcement: Understanding the nuances of different industries and types of inventions
Strong knowledge of patent rules and procedures: Familiarity with USPTO regulations, the Manual of Patent Examining Procedure (MPEP), and the America Invents Act (AIA)
Proven ability in patent law litigation: Even after patents are granted, disputes can arise, and experienced firms know how to defend and enforce client rights

The LAW FIRM OF DAYREL SEWELL, PLLC stands out by combining these qualities with personalized service, tailoring its approach to each client’s unique needs.

Role of a Patent Law Attorney

A patent law attorney guides inventors through every stage of the patent process. Their responsibilities include:

Evaluating patent eligibility
Drafting and filing patent applications
Responding to USPTO office actions
Conducting infringement analysis
Representing clients in litigation

Patent attorneys provide strategic advice from application to dispute resolution, ensuring your inventions remain protected and enforceable. Their guidance can prevent legal challenges and enhance the long-term value of your patents.

Why You Need a Patent Attorney

Securing your inventions is key to staying competitive. A patent attorney is a USPTO licensed professional who handles the complexities of patent law, ensuring your ideas are fully protected from start to finish. With their support, your innovations are safeguarded, giving you the freedom to focus on growth and commercialization.

Source: Apu apus edu

Mistakes to Avoid When Choosing a Patent Law Firm

To ensure your inventions are protected, avoid these common mistakes:

Choosing a firm without litigation experience: This can leave your patents vulnerable in disputes
Focusing only on low fees: Cheaper services may compromise the quality of filings and enforcement
Not reviewing attorney credentials: Confirm USPTO registration and relevant experience to ensure proper representation

By avoiding these errors, you protect your inventions and ensure long-term legal security.

How the Right Patent Law Firm Supports Long-Term Protection

A top-tier law firm patent team provides ongoing support, including:

Monitoring patent portfolios
Managing licensing opportunities
Handling legal updates
Providing strategic guidance

This long-term support reduces the risk of disputes and ensures your inventions retain their value. The LAW FIRM OF DAYREL SEWELL, PLLC combines legal expertise, experience, and global reach to deliver consistent protection, whether you are pursuing U.S. patents or international intellectual property coverage.

Conclusion

Securing a patent is essential for protecting your inventions and maintaining a competitive advantage. Working with a patent attorney from our trusted law firm ensures your ideas are legally protected, enforceable, and strategically managed. Experienced attorneys provide an added layer of security by defending your inventions, reducing disputes, and maximizing the value of your intellectual property.

FAQs

What is patent law litigation?

Patent law litigation resolves disputes over patents, such as infringement or challenges, often in court. It protects your rights and ensures your invention is legally enforceable.

Why do I need a patent attorney?

A patent attorney guides you through the patent process, secures legal protection for your invention, and defends your rights if disputes arise.

How do I choose the best patent law firm?

Look for a firm with experience in your industry, knowledge of patent rules and procedures, and expertise in patent law litigation.

Can a patent attorney help with international patents?

Yes, experienced patent attorneys can help protect your invention in multiple countries, ensuring your rights are secure worldwide.

How does a patent law firm support long-term protection?

A law firm monitors your patents, handles disputes, and provides ongoing guidance to keep your inventions protected and valuable over time.

The post How to Choose the Best Patent Law Firm for Legal Protection appeared first on .

Top Real Estate Attorney Tips for Property Litigation Cases

sewellnylaw — Mon, 29 Dec 2025 19:18:54 +0000

Real estate transactions and property ownership are among the most important financial decisions people make in their lifetime. Whether you are purchasing a home, leasing commercial space, developing property, or managing rental units, legal issues can arise unexpectedly. When they do, having a trusted real estate attorney by your side can make a significant difference.

In New York State, real estate laws are detailed and often require the direct involvement of an attorney, especially during closings and disputes. Working with an experienced real estate law firm helps ensure that your interests are protected from the beginning of a transaction through its completion or through litigation when conflicts arise.

The LAW FIRM OF DAYREL SEWELL, PLLC, a renowned New York City law firm, provides dedicated legal representation rooted in professionalism, collaboration, and service. With extensive experience in real estate law and litigation, the firm assists clients in navigating complex property matters while fostering strong attorney-client relationships built on trust and transparency. Contact us today!

Understanding Property Litigation

Property litigation refers to legal disputes involving real estate ownership, use, or transactions. These disputes can arise in both residential and commercial contexts and often involve significant financial and legal consequences. Common types of property litigation include:

Breach of purchase or sale agreements
Title defects, liens, or easements
Boundary disputes between property owners
Landlord-tenant disagreements
Foreclosure defense
Construction, zoning, and land-use conflicts

New York’s real estate market is highly regulated, and even minor issues can escalate into serious legal challenges. A qualified real estate litigation attorney understands how state and city laws apply to property disputes and can determine the most effective strategy, whether through negotiation, mediation, or court litigation. Choosing a knowledgeable real estate attorney ensures that disputes are handled efficiently and that your legal rights are preserved throughout the process.

Source: 23 Legal LLC

Tips from a Real Estate Attorney

Tip 1: Gather and Organize All Relevant Documentation

Documentation is the foundation of any real estate case. Contracts, deeds, mortgage agreements, surveys, leases, emails, and notices often determine the strength of a legal position. A real estate attorney carefully reviews these documents to identify obligations, risks, and enforceable rights.

Tip 2: Understand Your Legal Rights and Obligations

Many property disputes occur because one party does not fully understand their legal responsibilities. Buyers, sellers, landlords, tenants, and developers all have specific rights under New York law.

Consulting with a real estate litigation attorney allows you to understand your position before making decisions that could impact your property or finances. A trusted real estate law firm explains complex legal concepts in clear, understandable terms so clients can confidently participate in their case.

Tip 3: Early Legal Intervention Can Save Time and Money

One of the most common mistakes property owners make is delaying legal action. Waiting too long to involve an attorney real estate attorney can limit legal options and increase costs.

Early involvement of a real estate attorney often allows disputes to be resolved through negotiation or mediation before they escalate into full litigation. Timely legal guidance can help mitigate foreclosure risks, enforce contractual rights, and prevent unnecessary financial losses.

Tip 4: Consider Alternative Dispute Resolution When Appropriate

Not every real estate dispute requires a courtroom battle. Mediation and arbitration can provide faster, more cost-effective solutions while preserving professional relationships.

An experienced real estate litigation attorney evaluates whether alternative dispute resolution is suitable based on the facts of the case. A skilled real estate law firm can negotiate favorable settlements while ensuring your legal interests remain protected.

Tip 5: Work with an Experienced and Client-Focused Real Estate Attorney

Experience matters in real estate law. Property disputes often involve overlapping legal, financial, and regulatory issues. A seasoned real estate attorney brings strategic insight, negotiation skills, and litigation experience that can significantly influence the outcome of a case.

Common Mistakes to Avoid in Property Litigation

Property litigation can become more complicated when avoidable mistakes are made. Common errors include:

Failing to consult a real estate attorney early
Signing contracts without legal review
Ignoring legal notices or deadlines
Relying on verbal agreements
Attempting to handle disputes without a real estate law firm

Avoiding these mistakes can protect your rights and reduce the likelihood of prolonged litigation. Professional guidance from an attorney or real estate expert ensures that decisions are made with full legal awareness.

Source: 23 Legal LLC

What Sets the LAW FIRM OF DAYREL SEWELL, PLLC Apart

The LAW FIRM OF DAYREL SEWELL, PLLC is a leading boutique law firm in New York, dedicated to providing high-quality, cost-effective legal services. The firm values collaboration, diversity, and transparency in every attorney-client relationship.

As a New York State and New York City Certified MBE, the firm proudly serves clients from diverse backgrounds. Mr. Sewell speaks Spanish, and the firm welcomes Spanish-speaking clients.

Clients benefit from the experience of a large firm combined with the personalized attention and care of a boutique practice.

Conclusion

Real estate disputes can be complex, stressful, and financially impactful. Whether you are involved in a transaction or facing litigation, working with a trusted real estate attorney is essential.

The LAW FIRM OF DAYREL SEWELL, PLLC offers experienced legal representation for residential and commercial real estate matters throughout New York City and surrounding areas. With guidance from a skilled real estate litigation attorney, clients can navigate disputes confidently and protect their legal and financial interests.

If you are facing a real estate issue, partnering with a reliable real estate law firm early can make all the difference. An experienced real estate professional will stand by your side at every step.

FAQS

What does a real estate attorney do?

A real estate attorney advises clients on property transactions, reviews contracts, ensures legal compliance, and protects rights. They guide buyers, sellers, landlords, and developers through residential and commercial real estate matters to prevent disputes and financial loss.

When should I hire a real estate attorney?

Hire a real estate attorney before buying, selling, leasing, or developing property, or when facing legal disputes. Early involvement ensures proper contract review, guidance, and protection of property rights throughout the transaction or litigation process.

What is a real estate litigation attorney?

A real estate litigation attorney handles legal disputes related to property, including contract breaches, title issues, foreclosure, and landlord-tenant conflicts. They represent clients in court, mediation, or arbitration to protect property rights and achieve favorable outcomes.

How can an attorney in real estate help with disputes?

An attorney in real estate evaluates disputes, negotiates settlements, manages mediation, and represents clients in court. They ensure contracts are enforced, property rights are defended, and conflicts are resolved efficiently to minimize legal and financial risks.

Can property disputes be resolved without going to court?

Yes. Many property disputes can be resolved through mediation or arbitration. A real estate litigation attorney guides clients through these alternatives, saving time and costs while protecting legal rights and maintaining professional relationships.

The post Top Real Estate Attorney Tips for Property Litigation Cases appeared first on .

Real Estate Litigation in New York: What Property Owners Need

sewellnylaw — Wed, 17 Dec 2025 17:54:22 +0000

Investing in real estate is exciting. Whether you are buying your first home, renting out a property, or developing a construction project, the possibilities are endless. But the legal landscape in New York can be complicated. Disputes can arise at any stage, from contracts and closings to zoning conflicts or foreclosure. That’s why understanding real estate litigation in New York and having a skilled attorney by your side is essential.

At LAW FIRM OF DAYREL SEWELL, PLLC, we guide property owners, investors, and developers through every step of real estate transactions and disputes. Whether your concerns involve real estate investment strategies, real estate development law, or real estate tax law, our attorneys ensure your rights are protected and your investments are secure.

What Is Real Estate Litigation?

Real estate litigation refers to legal disputes involving property ownership, transactions, or development. These disputes can occur in residential, commercial, or industrial properties. In New York, litigation often arises due to:

Contract breaches or lease disagreements
Title defects or easement conflicts
Foreclosure or mortgage disputes
Landlord-tenant disagreements
Zoning or development issues

Engaging a real estate attorney in NYC early can prevent minor disagreements from becoming expensive lawsuits. Beyond representing you in court, our attorneys provide guidance on real estate investment strategies, development law, and tax law, ensuring every decision aligns with legal requirements.

Source: Law Times News

Common Causes of Real Estate Disputes

Contract and Lease Disagreements

Conflicts over contracts or leases are one of the most frequent causes of litigation. Misunderstandings, breaches, or defaults can escalate quickly. A property dispute lawyer in New York reviews your agreements, clarifies obligations, and mediates conflicts before they turn into lawsuits.

Boundary and Property Line Conflicts

Disputes over property lines or easements can create tension between neighbours or adjoining property owners. Litigation may be necessary to clarify boundaries or enforce property rights, especially in crowded NYC neighbourhoods.

Landlord-Tenant Issues

Evictions, repair obligations, and rent disputes often require legal intervention. Residential property dispute lawyers ensure tenants and landlords understand their rights under and enforce agreements fairly.

Foreclosures and Mortgage Disputes

Foreclosure is stressful and complicated. Attorneys can negotiate with lenders, review mortgage terms, and implement strategies to prevent or delay foreclosure. Understanding real estate tax law is also critical, as it affects property taxes during refinancing or foreclosure proceedings.

Title and Easement Issues

Defects in title, liens, covenants, or easements can complicate ownership. Attorneys evaluate these issues, recommend corrective actions, and help secure title insurance, ensuring buyers and developers have clear ownership before completing any transaction.

Source: Heritage Law LLP

How a Real Estate Attorney Can Help

A skilled real estate attorney in NYC provides guidance across every aspect of property law. Their services include:

Reviewing contracts and documents to safeguard your rights
Preparing and filing conveyance instruments, deeds, and other paperwork
Evaluating title defects and recommending solutions
Negotiating mortgage terms or refinancing options with lenders
Advising on real estate investment strategies to maximise returns
Guiding clients through real estate development law for construction or land-use projects
Providing advice on real estate tax law to minimise liabilities
Representing clients in litigation to enforce property rights

With an attorney by your side, every transaction or dispute is approached strategically, reducing risks and preventing unnecessary financial or legal complications.

Steps to Take if You Face a Real Estate Dispute

1. Gather Documentation

Collect all contracts, deeds, correspondence, and financial records. Comprehensive documentation strengthens your case and gives your attorney a clear understanding of the situation.

2. Consult an Experienced Attorney

Engage legal counsel early to prevent minor issues from escalating. Whether it’s a residential dispute, a commercial property issue, or a complex development project, early intervention is critical.

3. Explore Settlements

Not every dispute requires court intervention. Mediation or arbitration can resolve issues faster and more cost-effectively while protecting both parties’ interests.

4. Prepare for Litigation

If settlement options fail, your attorney will guide you through the litigation process in New York courts, gather evidence, represent your interests, and pursue remedies aligned with your goals.

Why Work with the Law Firm of Dayrel Sewell, PLLC

At LAW FIRM OF DAYREL SEWELL, PLLC, we understand that every real estate matter is unique. Whether you are facing a commercial property dispute, managing a complex development project, or making investment decisions, our attorneys provide practical solutions tailored to your needs.

We combine knowledge of real estate investment strategies, development law, and tax law with a commitment to clear communication and personalised guidance. Our goal is to protect your interests, simplify the legal process, and help you achieve outcomes that secure your property, finances, and peace of mind.

With our Law Firm team, you receive more than just legal representation; you gain a trusted partner committed to navigating every challenge in New York’s real estate market with you.

Conclusion

Real estate disputes in New York can be stressful and complex, but you don’t have to navigate them alone. Whether you are a property owner, investor, or developer, having a real estate attorney in NYC ensures your rights are protected, your transactions are secure, and potential conflicts are handled efficiently.

From real estate investment strategies and development law to tax law considerations and litigation, the attorneys at LAW FIRM OF DAYREL SEWELL, PLLC provide the expertise, dedication, and personalized service needed to achieve successful outcomes.

Protect your investments, secure your property rights, and gain peace of mind. Contact Dayrel Sewell, PLLC, today for a consultation.

FAQS

When do I need a real estate attorney in New York?

You need a real estate attorney when facing disputes, contract issues, closings, foreclosures, or property development projects. They guide you through complex legal procedures, protect your rights, and ensure smooth transactions in New York’s real estate market.

What types of disputes lead to real estate litigation?

Real estate disputes can arise from contract breaches, title defects, boundary conflicts, landlord-tenant disagreements, or mortgage and foreclosure issues. Litigation helps resolve these matters, protect property rights, and prevent financial or legal complications in residential or commercial real estate.

Can a lawyer help prevent foreclosure in NYC?

Yes. A skilled real estate attorney negotiates with lenders, reviews mortgage terms, and implements legal strategies to prevent or delay foreclosure. They also ensure that real estate tax laws are considered to minimise financial impact on your property.

Do I need an attorney for a New York real estate closing?

Yes. New York law requires attorney involvement in closings to verify a clear title, review all documents, address liens or easements, and protect your legal rights. An attorney ensures a smooth and secure transfer of property ownership.

How can an attorney help with development and investment projects?

Attorneys guide developers and investors through zoning laws, land-use regulations, permits, contracts, and real estate tax law. They provide strategic advice to optimize investments, prevent disputes, and ensure that commercial or residential development projects comply with all legal requirements.

The post Real Estate Litigation in New York: What Property Owners Need appeared first on .