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  • Monthly Archives: May 2012

    Waterless Fracking?

    While the New York hydraulic fracturing moratorium is still in place as the DEC is working on the Supplemental Generic Environmental Impact Statement, it is believed that the use of liquefied petroleum gas (LPG) may sidestep the New York ban. The controversial and traditional method of extracting natural gas from deep shale formations utilizes a […]

    Twitter Responds to Criminal Judge’s Decision to Deny a Defendant’s Motion to Quash Subpoena on Third Party Website

    The People of the State of New York, v. Malcolm HARRIS, –N.Y.S.2d–, 2012 WL 1644956 (N.Y. City Crim.Ct. May 7, 2012) On May 15, 2012, we discussed a New York criminal court’s decision to deny Defendant Malcolm Harris’ (aka @destructuremal on Twitter) motion to quash a subpoena issued to Twitter by the District Attorney. The […]

    Is a Male Entitled to Play on a Female Field Hockey Team?

    Recently, Cynthia Augello, an Associate at Cullen and Dykman LLP was featured on CBS and asked about the situation of Keeling Pilaro, a 13-year-old boy who played on the Southampton School District’s all female field-hockey team. In order to play on the all female varsity team, Pilaro sought permission from Suffolk County’s Mixed-Competition Committee, which […]

    Amendments to the Administrative Code of the City of New York and the Rules of the City of New York Requiring Process Servers to Carry a Global Positioning System to Record Location and Time of Service of Process May Remedy “Sewer Service” Problem

    May 17, 2012 Christopher H. Palmer Danielle M. Nunziato In June, 2011, the Commissioner of the New York City Department of Consumer Affairs (the “Department”), pursuant to authority granted by Section 20-104(b) of Chapter 1, Title 20 of the Administrative Code of the City of New York (the “Code”), promulgated and adopted rules and amendments […]

    Drug Prevention Programs For Schools

    Recently, a 16 year-old student from Dunlap Community Unit School District 323 in Peoria County, Illinois died of a heroin drug overdose. Toxicology results also found traces of cocaine in the student’s system. While his family and friends mourn this young student’s death, some community members are looking towards the School District to take further action […]

    Shape-Up Your Ad’s Claims: Skechers Agrees to pay $40 Million to Settle Shape-Ups Suit

    Federal Trade Commission, Plaintiff v. Skechers U.S.A., Inc., d/b/a Skechers, Defendant. (United States District Court for the Northern District of Ohio By Daniel G. DePasquale The Federal Trade Commission (“FTC”) announced that sneaker manufacturer Skechers has agreed to pay $40 million to purchasers of its Shape-Ups, Resistance Runner, Toners, and Tone-ups shoes.  The settlement represents the […]

    Second Circuit Rules that Employer Cannot Raise Faragher/Ellerth Affirmative Defense for “Alter Ego” or “Proxy” Harassment

    Townsend v. Benjamin Enterprises, Inc., No. 09-0197 (2d Cir. May 9, 2012). Attorneys who work in the employment and labor field are generally aware of the affirmative defense set forth by the Supreme Court’s decisions in Faragher v. City of Boca Raton, 524 U.S. 775(1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), […]

    Can Twitter Protect a User’s Information?

    The People of the State of New York, v. Malcolm HARRIS, —N.Y.S.2d—, 2012 N.Y. Slip Op. 22109 (N.Y. Crim. Ct. Apr. 20, 2012). Data obtained from social networking websites continues to become more essential to developing a parties’ case.  Production of that data, however, has become more burdensome for the companies developing the technology.  For […]

    What Type of Action Must Be Taken By Schools to Prevent Bullying Suicides?

    As the school year begins to come to wind down, two students have tragically taken their own lives after being subjected to anti-gay bullying. As families and friends mourn the deaths of these two teens, they are calling on their school communities to take action to prevent these tragic occurrences from happening in the future. […]

    Facebook “Likes” Are Not Protected Speech Under the First Amendment

    Bland v. Roberts, 2012 WL 1428198, (E.D. Virginia April 24, 2012). Six Virginia Sheriff’s office employees sued the Sheriff of Hampton, B.J. Roberts, both individually and in his official capacity, after they were fired from their jobs in 2009.   Roberts was running for re-election during 2009 and several of the employees allegedly “liked” Roberts’ opponent […]