• 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 ...

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    Thursday, July 11th, 2013

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  • June 2013 Legal Brief – Firm Newsletter

    June 2013 Legal Brief - Firm Newsletter

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    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 ...

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    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 ...

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    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 ...

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    Sunday, June 23rd, 2013

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  • 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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Fred Eisenbud