• Supreme Court Focuses on Arbitrations and Class Actions

    According to Justice Elena Kagan, the Supreme Court’s recent decision confirming a corporation’s ability to require arbitration in the event of a dispute is “Too darn bad.” The June 20, 2013 decision in American Express Co. v. Italian Colors Restaurant (No. 12-133) considered the situation of an Oakland, California restaurant which, along with other merchants, had commenced a class action lawsuit against American Express for violations of the Sherman and Clayton federal antitrust acts. According to Italian Colors and its fellow merchants, American Express used its monopoly power in the credit card market to force merchants to accept credit cards at ...

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    Sunday, June 23rd, 2013

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  • DOL Inspection Preparation for Employers

    Most employers know that the U.S. Department of Labor (DOL) oversees compliance with the Fair Labor Standards Act (FLSA) and other statutes that protect workers. What many employers may not be aware of, however, is that the DOL has the authority to conduct inspections of workplaces and bring enforcement actions against employers found to be in violation of the FLSA and related statutes governing wage payments. Employers may be investigated, inspected, audited, or visited by the DOL Wage and Hour Division (“WHD”) without explanation. Most often, complaints prompt DOL visits, though the existence of a complaint is not always disclosed to the employer. It is critical for employers to prepare for and understand their rights during inspections, ...

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    Monday, June 10th, 2013

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  • May 2013 Legal Brief – Firm Newsletter

    May 2013 Legal Brief - Firm Newsletter

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    Thursday, May 30th, 2013

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  • Second Circuit Holds that Appropriation Art Constitutes Fair Use

    In a recent decision, Cariou v. Prince1, the Second Circuit held that 25 works of appropriation art that incorporated original copyrighted photographs constituted fair use under the Copyright Act, 17 U.S.C. § 107. Appropriation art is the “more of less direct taking over into a work of art a real object or even an existing work of art.”2 In this action, defendant Prince took Cariou’s photographs and incorporated them into 30 works. Images of the 30 works and the corresponding Cariou photographs used are available through the Second Circuit’s website: http://www.ca2.uscourts.gov/11-1197apx.htm. Cariou sued for copyright infringement and the district court granted Cariou summary ...

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    Wednesday, May 29th, 2013

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  • July 21 – New York Civil Practice & Discovery Update CLE

    Please join us on Thursday, July 21 for a complimentary CLE focusing on critical updates to the CPLR and court rules as well as recent case law that significantly impacts New York civil practice and discovery. Taught by two experienced litigators, CMM partners Scott Middleton and Patrick McCormick, the course will cover a wide variety of topics of interest to all who practice in New York State courts including deposition rules, subpoena standards, privilege issues, electronic evidence, and discovery hurdles facing every practitioner. The application for New York accreditation of this course is currently pending. A light dinner will be served.  Thursday, July ...

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    Tuesday, May 28th, 2013

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  • I Left a Child Out of My Will. Now What?

    Is this a tragic scenario? Probably not, but it certainly represents what is an entirely avoidable estate planning consequence. Here’s the dilemma. Assume after having your first child, you do the smart, responsible thing — you draft a Last Will and Testament which sets forth your final wishes with regard to the distribution of your estate. Fast forward a couple years and say that your first child now has a sibling and that you unintentionally failed to accommodate for in your Will. OK, one last fast forward in time. Twenty-five years later, despite your best intentions and the daily grind ...

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    Tuesday, May 28th, 2013

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  • With a Little Help from My Friends: Study Finds the Roberts Supreme Court the Friendliest Court to Business in Decades

    The decisions of the current Supreme Court are the friendliest to business of any court since World War II, according to a recent study published in the Minnesota Law Review. In “How Business Fares in the Supreme Court,” Lee Epstein, William M. Landes, and Richard A. Posner discuss their analysis of nearly 2,000 decisions from 1946 through 2011. The study considered cases with a business on only one side. A vote in favor of the business was considered a pro-business vote. The authors concluded that five of the ten Supreme Court Justices who have been most favorable to business currently serve on ...

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    Tuesday, May 28th, 2013

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  • April 2013 Legal Brief – Firm Newsletter

    April 2013 Legal Brief - Firm Newsletter

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    Sunday, April 28th, 2013

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  • License is Required for Playing Music in Public Establishments

    Business owners should be advised that a license is required for any public performance of music. Some owners are unknowingly playing music in their restaurants, bars, gyms, and storefronts from CDs, iPods, or MP3 players in violation of Copyright Laws. What is needed are public performance rights — the right to play music that the general public will hear in one way or another. Public performance rights licenses are handled by two very large companies named ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music Incorporated). Each one handles a catalog of about 4,000,000 songs. Their fees depend ...

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    Tuesday, April 23rd, 2013

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  • Supreme Court Holds that the “First Sale” Doctrine Applies to Copies of Copyrighted Works Lawfully Made Abroad

    Copyrighted works imported into the United States from abroad are subject to the same “first-sale” rules as items purchased in the United States, according to a Supreme Court decision issued last month (Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697). Supap Kirtsaeng, a citizen of Thailand, came to the United States in 1997 to study mathematics at Cornell University and the University of Southern California. While working on his degrees, Kirtsaeng asked friends and family in Thailand to buy copies of foreign edition English language textbooks in Thailand, where they were sold at low prices, and mail them to him ...

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    Sunday, April 21st, 2013

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Fred Eisenbud