• July 2013 Legal Brief – Firm Newsletter

    July 2013 Legal Brief - Firm Newsletter

    cmandm

    Sunday, July 28th, 2013

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  • Use of Designer Handbags Images Leads to False Advertising Suit

    Designer fashion label Michael Kors recently filed suit against Costco in the U.S. District Court for the Southern District of New York for falsely advertising that Michael Kors products were sold at Costco. This action arose from an email that Costco sent to its customers offering handbags on sale for $99.99. The email used images of Michael Kors handbags, but the problem was that Costco is not an authorized retailer of Michael Kors products. In addition, Costco does not even sell Michael Kors handbags. Michael Kors alleges that Costco’s use of images of its handbags would make customers believe its handbags are ...

    cmandm

    Sunday, July 28th, 2013

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  • The Demise of DOMA

    Awhile back I wrote about the difficulties for same-sex couples with respect to their estate planning. Well, if you haven’t heard by now, things have gotten easier for those in New York. I don’t normally write about case law, but when the Supreme Court of the United States (SCOTUS) speaks, even I try to listen. In this instance the case was U.S. v. Windsor.As a quick refresher, in 1996 President Bill Clinton signed into law the Defense of Marriage Act (DOMA). One of the things it said was that marriage is defined as being between a man and a woman. ...

    cmandm

    Sunday, July 28th, 2013

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  • Tidal Wetlands Permits and the Importance of Maintaining Old Bulkheads in Good Repair

    If you own waterfront property and have a functional bulkhead that is at least 100’ long and has been in place since before August 1977, you have a very valuable asset. According to the regulations of the New York State Department of Environmental Conservation (“DEC”), anything landward of such a bulkhead is not subject to the DEC’s wetlands jurisdiction. In contrast, if the property is not bulkheaded or the bulkhead is less than 100’ long or was constructed after August 1977, then any construction in the area within 300 feet landward of the tidal wetland boundary is likely subject to ...

    cmandm

    Thursday, July 25th, 2013

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  • Supreme Court Defines “Supervisor” for Purposes of Harassment Claims

    An employer’s liability for workplace harassment could turn on whether the harasser meets the Supreme Court’s newly adopted definition of “supervisor” of the victim, according to the Court’s opinion in Vance v. Ball State University, handed down on June 24, 2013. Petitioner Maetta Vance, an African-American woman, had worked in the Ball State’s Banquet and Catering Department since 1989. Over the course of her employment there, Vance made numerous complaints regarding her interactions with Saundra Davis, a white catering specialist in her department. Vance filed complaints with the university and charges with the Equal Employment Opportunity Commission (EEOC), alleging racial harassment and ...

    cmandm

    Monday, July 22nd, 2013

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  • New York Navigation Law Update

    New York’s Navigation Law deals with oil spills, who must clean them up, and who must pay for the damage. Despite the name, the law applies to discharges of petroleum on land that may adversely impact the “waters of the State,” which include groundwater. Some recent court decisions are of interest. Benjamin v. Keyspan Corp., 104 A.D.3d 891 (2nd Dept. 2013). The normal statute of limitations for a claim of damage to property from petroleum contamination is three years from when the property owner knew or should have known of the problem.  In this case, defendant Keyspan showed that the plaintiff had ...

    cmandm

    Thursday, July 11th, 2013

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  • June 2013 Legal Brief – Firm Newsletter

    June 2013 Legal Brief - Firm Newsletter

    cmandm

    Friday, June 28th, 2013

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  • Obama Plans to Take Action Against Patent Trolls

    President Obama announced earlier this month a set of executive actions directed at cracking down on patent-holding firms that interfere with competition and abuse the patent system. The Wall Street Journal reports that these “patent trolls” are forcing technology companies, financial institutions and others into costly lawsuits to protect their products by collecting large numbers of patents and then pursuing licensing fees while not actually producing any products themselves. Many technology companies have dealt with multiple lawsuits from so-called “patent trolls,” which aim to make money primarily through licensing fees. These firms, also known as non-practicing entities (NPE) or patent assertion entities ...

    cmandm

    Friday, June 28th, 2013

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  • Derivative Claims in Landlord/Tenant Court

    In a case of apparent first impression in New York, in Gorbrook Associates Inc., and Norman Fishman, derivatively on behalf of Gorbrook Associates, Inc., v. Ilene Silverstein, John Doe and Jane Doe1, Judge Scott Fairgrieve held that the summary holdover proceeding was properly instituted derivatively by a shareholder on behalf of the corporation. The petition alleged that petitioner Norman Fishman was an officer and owned 25 shares of Gorbrook and that Fishman and Allen Silverstein were the only directors of Gorbrook. As set forth in the decision, the petition further alleged that Ilene Silverstein was the daughter of Allen Silverstein and ...

    cmandm

    Monday, June 24th, 2013

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  • College Kids Are Adults

    The summer before my oldest went off to college, we all went for an orientation weekend. While there, he went off and did his thing and my wife and I went off and did ours. In one of our parent orientation seminars we were reminded that, now that he is 18, he is officially an “adult” in the eyes of the law. We, as parents, would no longer have the automatic legal right to make his healthcare decisions, have access to his healthcare records in an emergency, or be included in any of his financial decisions. Who was paying their ...

    cmandm

    Sunday, June 23rd, 2013

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Fred Eisenbud