Blog Archives

First Department Case Development on the Federal and New York Common Law Spoliation Standards

Spoliation, or “[t]he intentional destruction, mutilation, alteration, or concealment of evidence,”[1] is a sanctionable offense. However, precisely what constitutes spoliation has created some recent controversy. In October 2013, the First Department of the New York Appellate Division clarified the breadth and application of both the federal and New York common law spoliation standards. In Strong […]

If A Student Is A Bully, The Parents May Be On The Hook

In a case that may change the legal landscape of bullying litigations for schools, a New Jersey judge ruled that two school districts may implead the alleged bullies and their parents.  Judge Yolanda Ciccone denied a motion to dismiss third party-complaints against 13 students in a suit brought against the Hunterdon Central and Flemington-Raritan school […]

When The Assistant Principal Is a Cyberbully

These days we hear of students cyberbullying other students for all sorts of reasons:  race, weight, popularity, sexuality, familial economic status, etc.  Every day kids are not going to school because of comments made about them online by other students.  Kids should not have to deal with that and they certainly should not be cyberbulllied […]

A Hairy Lawsuit: Freedom to Grow a Beard for Religious Reasons?

From Abraham Lincoln to ZZ Top, there are already quite a number of notable beards. However, a newcomer may soon be entering this list: Siddiq Abu-Bakr. In October 2010, the Philadelphia School District (“District”) implemented a rule prohibiting school police officers and security guards from growing beards longer than a quarter of an inch. Siddiq […]

Deadline for Individuals to Sign up for Insurance under the Affordable Care Act Extended

The Obama Administration is extending the time period for some individuals to sign up for insurance under the Patient Protection and Affordable Case Act (“PPACA”). Previously, individuals who did not enroll in a qualifying health insurance plan by March 31, 2014 would pay a penalty on their 2014 taxes when filing next year. However, individuals […]

Supreme Court Expands Whistleblower Protections

On March 04, 2014, the U.S. Supreme Court significantly expanded the scope of the Sarbanes-Oxley Act and ruled that in addition to protecting employees of public companies, federal whistleblower law protects employees of private companies (e.g. lawyers, investment advisors, or accountants) that perform work or contract to do business for public companies. Congress passed the […]

Putting Windows XP to Sleep: The Ripple Effect on Banks and ATMs

Windows XP. Windows 7. Windows 8. Windows 8.1? It appears that Microsoft fails to cease developing newer and more advanced operating systems. However, since users often operate their devices using the system that was initially installed, and maintain security by frequently installing Microsoft’s system updates, there is generally no pressing need to upgrade to one […]

UPDATE: New York City Council Passes Legislation Protecting Unpaid Interns From Sexual Harassment

In December 2013, we discussed the Southern District’s decision to dismiss an unpaid intern’s claim for sexual harassment against her former employer.[1] In this case, Lihuan Wang v. Phoenix Satellite TV US,[2] Judge Kevin Castel held that protections against workplace sexual harassment under the New York City Human Rights Law extend only to employees, and […]

A Game-Changing Moment: Collegiate Athletes Win the Right to Unionize

The notion of classifying collegiate student-athletes as “employees” of the university, therefore enabling them to unionize, has consistently been rejected. However, this once seemingly illogical concept has suddenly gained significant traction. This Wednesday, Peter Sung Ohr, the Regional Director for the Chicago District of the National Labor Relations Board (“NLRB”), issued a ruling stating that […]

Did the 9th Circuit Drop the Ball? Court Rules in Favor of College Athlete for Video Game Likeness

It’s 10 p.m., do you know where you children are? Given today’s vast popularity of both video games and college sports, it is likely that your children are playing NCAA Football video games. While this activity helps keeps your children safe at night, recent controversy has emerged regarding whether the companies who produce these games […]