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  • Monthly Archives: July 2015

    New York City Limits Employers’ Ability to Perform Background Searches on Prospective Employees

    Recently, New York City enacted its own version of “ban-the-box” legislation. The ordinance, titled the Fair Chance Act (“FCA”), was signed by Mayor de Blasio and restricts when employers may inquire into a job applicant’s criminal background during the initial stages of the hiring and application process. Additionally, it imposes significant obligations on employers who […]

    With Its Decision in Glebe v. Frost, The Supreme Court States That Even When A Conviction Is Fundamentally Flawed, Habeas Corpus Relief May Be Denied

    In April 2013, over the course of eleven days, Joshua James Frost and two associates committed a series of armed robberies in Washington State. Frost was charged with: (1) robbery and related offenses and (2) participating as an accomplice. During closing arguments, Frost’s lawyer requested to argue both: (a) that the prosecution failed to prove […]

    United States and Canada Respond to ICANN’s Concerns over the “.sucks” Domain

    In April 2015, the General Counsel of the Internet Corporation for Assigned Names and Numbers (“ICANN”) sent a letter to the United States’ Federal Trade Commission (the “FTC”) and Canada’s Office of Consumer Affairs (the “OCA”), requesting that the FTC and OCA investigate whether Vox Populi, the owner of the “.sucks” top-level Internet domain, was […]

    Trademark Tacking: An Overview

    On January 21, 2015, in the case Hana Financial, Inc. v. Hana Bank, the United States Supreme Court determined that, when there is a question as to whether two trademarks can be tacked for purposes of determining priority, that question should be decided by a jury.  This, of course, raises the question:  what is trademark […]

    What is a Trademark Squatter?

    Imagine that you own a U.S. based brand that you have diligently registered with the U.S. Patent and Trademark Office. As you watch your domestic sales skyrocket you begin to realize that overseas markets hold unique opportunities that you feel your brand is ready to explore. After careful consideration and research you take the initial […]

    Data Breach Decisions Setting A Higher Threshold For Standing For Plaintiffs Do Not Mean Businesses Are Off The Hook

    There are only two types of companies left in the United States:  those that have been hacked and those that will be hacked. In the last year alone, forty-three percent (43%) of U.S. companies experienced a data breach, resulting in the misappropriation of millions of individuals’ personal and financial information. As this number continues to […]

    Jury Awards Ex-Intern $18 million for Attacks by her CEO Boss

    In recent headlines, private equity CEO, Benjamin Wey, was found liable for defaming, sexually harassing and retaliating against former New York Global Group Intern Hanna Bouveng. The jury awarded her $2 million in compensatory damages plus $16 million in punitive damages. Bouveng claimed that she was forced to have sex with Wey in the $3,600-per-month […]

    Second Circuit Rules That Federal Court Retains Subject Matter Jurisdiction even after Class Action Removal

    In a recent case, the Second Circuit Court of Appeals (“Second Circuit”) held that even after a plaintiff amends a complaint to remove class action allegations, a federal court retains subject matter jurisdiction over a case that had previously been removed under the Class Action Fairness Act (“CAFA”). By way of brief background, in In […]

    With the Supreme Court’s Decision in Carroll v. Carman, The Rear Doors of Your Property May Be Subject To Police

    It’s commonly said that “a man’s home is his castle.” However, today’s homes don’t have large stone walls, moats, or drawbridges; they no longer contain monstrous structures that draw definitive lines between the areas of the property that are private and those that are public. Without such definitive lines, a vital question arises: what entrances […]

    Lyft Agrees to Pay $300,000 Settlement for Violating New York Insurance Laws

    Recently, commuters across the country have witnessed the emergence of ride-sharing companies, such as Uber and Lyft. These companies have become increasingly popular over the last few months, in large part due to their convenient features which allow commuters to access a car and secure transportation with the click of a button, vis-a-vis an i-Phone […]