• NYC Earned Sick Time Act Goes into Effect April 1, 2014

    Effective April 1, 2014, private sector New York City employers with five or more employees must provide paid sick time to all employees who work at least 80 hours in a calendar year.1 Accrual and Use Mayor Bill de Blasio signed the City Council’s expanded sick leave bill earlier this year. The New York City Earned Sick Time Act (the “Act”) provides that these private sector employees will now earn up to 40 hours of paid sick time per year, accruing at a rate of one hour for every 30 hours worked. The Act covers both full-time and parttime workers. Employees may use ...

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    Sunday, March 09th, 2014

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  • February 2014 Legal Brief – Firm Newsletter

    February 2014 Legal Brief – Firm Newsletter

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    Friday, February 28th, 2014

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  • “Dumb Starbucks” – Is this Coffee Shop an Art Gallery?

    A new coffee shop mocking Starbucks opened in Los Angeles in early February and quickly gained nationwide attention. The store looks identical to the typical Starbucks, but with the exception of the word “dumb” prefixed to the title and menu items. Dumb Starbucks is not affiliated with Starbucks Corporation, and the company claims that their use of Starbucks’ trademark and logos is “fair use” because it is “making fun” of Starbucks. The store’s FAQ sheet states the following: Is this a Starbucks? No. Dumb Starbucks is not affiliated in any way with Starbucks Corporation. We are simply using their name and logo for marketing ...

    cmandm

    Thursday, February 27th, 2014

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  • Protecting Your Retirement Accounts

    When discussing estate plans with my clients, I always make sure we discuss their retirement accounts (such as IRAs, 401ks, etc.). These are normally owned by only one person and have a beneficiary. Therefore they are not typically in a trust nor do they pass under a Will. What I have been finding is that often times their retirement accounts have the greatest value of any property they own, including their house. Because these accounts defer payment of income tax, their balances can grow very quickly, and can easily become worth millions over the course of generations. With this in mind, ...

    cmandm

    Thursday, February 27th, 2014

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  • 3 Counter-Intuitive Negotiation Tricks

    When negotiating, we often follow our instincts and intuition. However, negotiation as a discipline is often counter-intuitive. Best practice suggests that we often go against our instincts and follow behaviors which at first pass do not seem to be appropriate to the desired outcome. A recent article posted on the Forbes Leadership Forum on forbes.com entitled Three Tricks That Make Negotiations Work by Richard Shore discusses three not-so-obvious strategies that seem counter-intuitive, yet make perfect sense. 1. Don’t look at the person who is talking; look at the people who are listening. In group settings, people naturally tend to focus on the ...

    cmandm

    Sunday, February 09th, 2014

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  • January 2014 Legal Brief – Firm Newsletter

    January 2014 Legal Brief – Firm Newsletter

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    Friday, January 31st, 2014

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  • Non-Disclosure Agreements – A Lesson to Be Learned

    A non-disclosure agreement (NDA) is typically used between companies to protect confidential information during a potential transaction. Every NDA, however, is different. The specific terms and provisions in the NDA determine whether your trade secrets would be protected upon disclosure. Accordingly, each NDA should be tailored and specific to the transaction. A recent case decided by the Federal Circuit Court of Appeal demonstrates that special attention needs to be given to an NDA. The Convolve v. Compaq and Seagate litigation involved a misappropriation of trade secret dispute between Convolve, the owner of certain intellectual property, and Compaq and Seagate. Although the ...

    cmandm

    Saturday, January 18th, 2014

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  • A Letter To Your Family

    So it’s the new year and you’ve promised yourself that you’re going to get your estate plan done. But having your documents in order is only part of a good estate plan. What you need to do along with that is to prepare a letter that will help your family settle your affairs. You need to let them know what they need to do after you have died. Usually, what’s in this letter is more of a personal statement than actual written instructions and therefore not normally included in a legal document. But what you put in this letter should be ...

    cmandm

    Saturday, January 18th, 2014

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  • Supreme Court to Hear Case Challenging the Face of Broadcast Television

    Just about the only thing that the broadcast networks and the founders of Aereo—a service that sells live television programming online—can agree on is that the technology will fundamentally change the broadcast network business. On January 10, 2014, the Supreme Court agreed to hear the dispute between television broadcasters and Aereo, a New York-based technology start-up that distributes broadcast signals through a network of small antennas in a “cloud,” allowing subscribers to record shows on the remote DVR and watch live and recorded programming from their mobile devices. The growing service is currently available in 10 cities for a monthly fee of ...

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    Saturday, January 18th, 2014

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  • Around the Appellate Bench: Part 2

    There have been several interesting Appellate Court decisions in the past couple of months touching on a variety of issues. Cases discussing actual partial eviction, successor landlord liability and a tenant’s failure to timely cure an alleged default are discussed below. In Croxton Collaborative Architects, P.C. v. T-C 475 Fifth Avenue, LLC,1 a commercial tenant sued its successor landlord alleging it was damaged because defendant landlord failed to remediate the “derelict” and “war-torn appearance” of the premises, which was caused by renovation work commenced by the prior landlord, in breach of the lease. Plaintiff commenced the action approximately five months after ...

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    Thursday, January 09th, 2014

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Fred Eisenbud