CMM Legal Blog

Supreme Court Settles Important Taking Question

By: Frederick Eisenbud, Esq.

Posted: June 29th, 2017

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On June 23, 2017, in Murr v. Wisconsin, the U.S. Supreme Court addressed whether adjacent properties owned by the same owner may be combined for purposes of determining if there has been a regulatory taking without compensation. The Court ruled that a Wisconsin regulation preventing the owners of two adjacent parcels from selling or developing […]

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Dodd-Frank Anti-Retaliation: Headed to the Supreme Court?

By: Vincent Costa, Esq.

Posted: June 26th, 2017

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The Dodd-Frank Act, signed into law in 2010, established a program for whistleblowing related to securities and commodities law violations.  It created a private cause of action for whistleblowers to sue their employers for retaliation after reporting company misconduct.  However, federal circuit courts are split as to when employees are eligible for anti-retaliation protection under […]

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And the Scams Keep Coming

By: Martin Glass, Esq.

Posted: June 26th, 2017

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About a year ago I wrote about scams, mainly those against seniors.  I feel compelled to write again since I’ve found some relatively new phone scams, one of which a senior relative of mine was caught up in. I thought this scam was brand new, but when I talked to some of the seniors that […]

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Supreme Court Limits Venue Shopping in Patent Cases

By: Eryn Truong, Esq.

Posted: June 26th, 2017

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The U.S. Supreme Court recently issued a unanimous decision that will limit the controversial practice of “venue shopping” by plaintiffs who pick court locations they believe will be more favorable to their case, and who unnecessarily drag defendants into patent disputes in a faraway venue in the process.  The decision has important implications for businesses […]

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Supreme Court Holds That Disgorgement Is a Penalty Subject to the Statute of Limitations

By: Jack Harrington, Esq.

Posted: June 26th, 2017

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Disgorgement is a legal remedy requiring defendants to pay back unlawful gains, which the SEC often seeks in addition to civil penalties.  On June 5, 2017, the Supreme Court held that disgorgement is a penalty, not an equitable remedy, and thus is subject to the five-year statute of limitations under 28 USC § 2462.  Justice […]

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Ensuring Uniform Application of the Fair Housing Act

By: Joe Campolo, Esq. , Lauren Kanter-Lawrence, Esq.

Posted: June 20th, 2017

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“End the unnecessary exclusion of persons with handicaps from the American mainstream”[1]: Safe Harbor Retreat’s Efforts to Ensure Uniform Application of the Fair Housing Act Editor-in-Chief: Patricia E. Salkin, Esq. Managing Editor: Emily Howard, Esq. Under the Fair Housing Act, when does the denial of an applicant’s request for a reasonable accommodation become justiciable?  The answer […]

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Focus on Long-Term Care: Activities of Daily Living

By: Martin Glass, Esq.

Posted: May 25th, 2017

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Most people go around and take care of their everyday business without ever realizing how independent they are.  Only when you have trouble doing something do you realize that you used to do it before.  For a younger person, this can come when you injure yourself and may have limited use of an arm or […]

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In Depth: The Closing Deed

By: Kelly Canavan, Esq.

Posted: May 25th, 2017

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Have you ever taken a look at the deed to your home and wondered, “What does it mean and what does it do?” You have spent a large sum of money at the closing table and signed voluminous amounts of mortgage documents, only to walk away with a piece of paper that gets recorded in […]

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Preserving Attorney-Client Privilege When Responding to a Cybersecurity Breach

By: Jack Harrington, Esq.

Posted: May 25th, 2017

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You are the CEO of a small or medium-sized company and someone from your IT team runs to your office, pale-faced, to tell you that the company’s network has been hacked.  They don’t know how the penetration occurred, when, or whether any data or confidential material has been stolen.  Who do you call first?  Your […]

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Waves, Waivers, and More: A Guide to Summer Recreation

By: Scott Middleton, Esq.

Posted: May 25th, 2017

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The warm weather has finally arrived.  As many of us get ready to participate in – or allow our children to participate in – summer activities, we will invariably be confronted with a waiver/release form. Are these waivers enforceable in New York?  As with many things in law, it depends.  Generally speaking, any contract, membership […]

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