CMM Legal Blog

Wayfair Decision Updates a 26-Year-Old Law for the Modern E-Commerce Marketplace

By: Christine Malafi, Esq.

Posted: June 29th, 2018

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Laws constantly evolve to adapt to modern society. Situations that were once impossible to imagine (such as buying hand soap from a distant warehouse at the click of a button and having it appear on your doorstep the next day) are now routine. As such, it is impossible to craft legal rules to anticipate the […]

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Courts Narrow Non-Compete Agreements to Protect Legitimate Business Interests Only

By: Jeff Basso, Esq.

Posted: June 26th, 2018

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There has been an aggressive push over the past couple of years by state legislators around the country and the federal government to enact legislation prohibiting or limiting the use of non-compete agreements by employers.  One such bill, entitled the Workplace Mobility Act, was introduced in the U.S. Senate in late April 2018 and seeks […]

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The Supremes: Hits and Misses

By: Patrick McCormick, Esq. , Richard DeMaio, Esq.

Posted: June 15th, 2018

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Nine unelected Supreme Court Justices are tasked with deciding the most important issues confronting our country. For better or for worse, we the people are beholden to the jurisprudence of nine politically unaccountable legal minds.  However, the minds of Supreme Court Justices are neither infallible nor uniformly programmed. Justices come to the bench with different […]

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New Requirement for Suffolk County Food Service Establishments May Boost Business

By: Don Rassiger, Esq.

Posted: June 14th, 2018

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Food allergies are a growing public health concern with approximately 15 million Americans battling each day to avoid an allergic reaction. A food allergy is nothing to sneeze at; it is a life-altering medical condition in which exposure to a certain food triggers an adverse immune response. Allergy sufferers worry about more than a mere […]

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Société Générale Settles One of the Largest Anti-Corruption Enforcement Actions in History

By: Jack Harrington, Esq.

Posted: June 13th, 2018

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On June 4, 2018, Paris-based financial giant Société Générale agreed to pay the United States and France a total of $860 million in criminal penalties for bribing Libyan officials and manipulating the London InterBank Offered Rate (LIBOR), a global benchmark interest rate.  The bank’s U.S. subsidiary, SGA Société Générale Acceptance N.V., pleaded guilty in the […]

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The U.S. Supreme Court Delivers a Death Knell to the Alien Tort Statute

By: Jack Harrington, Esq.

Posted: June 13th, 2018

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On April 24, 2018, Justice Kennedy, writing the plurality opinion in Jesner et al. v. Arab Bank, Plc., 584 U.S. __ (2018), placed what might be the final nail in the coffin of the Alien Tort Statute (ATS).  In Jesner, the Court affirmed the U.S. Court of Appeals for the Second Circuit’s dismissal, which held […]

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New York State Employers Required to Implement Sexual Harassment Policies and Conduct Sexual Harassment Training

By: Christine Malafi, Esq.

Posted: June 5th, 2018

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Sexual harassment in the workplace is by no means a new issue, but in the wake of the #MeToo movement, New York lawmakers have taken action to address it. While well-prepared employers have had sexual harassment policies and training in place for some time, under new legislation, passed as part of the 2019 New York […]

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Intra-Firm Attorney-Client Privilege: Protection of Communications with In-House Counsel

By: Patrick McCormick, Esq. , Richard DeMaio, Esq.

Posted: May 16th, 2018

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Attorney-client privilege is a bit of a misnomer. The name itself fails to convey the full breadth of communications protected (or not protected) by the privilege, one of the oldest common-law evidentiary privileges. The privilege applies to communications made “for the purpose of facilitating the rendition of legal advice or services, in the course of […]

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Deficient Tortious Interference Claim Leads to Dismissal of Complaint

By: Jeff Basso, Esq.

Posted: May 16th, 2018

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One of the more common “business tort” causes of action we see in the world of commercial litigation is a claim for tortious interference with a contract. Often a competing company, knowing that its competitor has a contract with a certain customer or employees, will intentionally and improperly interfere with that contract by causing the […]

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Navigating the Complex Web of Data Breach Notification Laws

By: Jack Harrington, Esq.

Posted: May 10th, 2018

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Facebook CEO Mark Zuckerberg testified before Congress in April about how a political consultancy had improperly accessed the personal data of nearly 90 million Facebook users.  The Congressional hearings prompted by Cambridge Analytica’s misappropriation of personal data was not the social media company’s first brush with the federal government regarding the protection of user data.  […]

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