- New York’s Piracy Protection Act
Posted October 12, 2008, 1:36 am by George P. Conway
New York Governor David A. Paterson has signed a bill into law that creates the "Piracy Protection Act". The "Piracy Protection Act" establishes the crimes of unlawful operation of a recording device in a motion picture or live theater in the first degree, second degree and third degree. A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the third degree if they operate a recording device in such a theater without authority or written...
- New York Financial Crisis' Affect on NYC Restaurants and Bankruptcy Options
Posted October 11, 2008, 5:12 pm by Stephen Z. Starr
A recent article on MSNBC (NYC restaurants slammed by financial crisis) details the problems currently faced by NYC restaurants. NYC restaurant owners are reporting a significant drop in business in wake of the recent financial crisis. They also have some of the highest rent in the country for space, and face high food, employee, and insurance costs. Faced with a significant drop in revenue, restaurant owners may not survive if they continue to do "business as usual" and will need to adapt to...
- SOMETHING FROM THE FOURTH
Posted October 11, 2008, 10:22 am
This one of those cases that manages to get put on both this blog and theCPLRblog. Matter of Lowe (Erie Ins. Co.), 2008 NY Slip Op 07735 (App. Div., 4th Dept.) The straightforward but apparent issue of first impression in an appellate court in New York is whether the 90-day statute of limitations set forth in CPLR 7511 (a) begins to run on the date on which the arbitrator's decision was mailed to petitioner or the date on which it was received by petitioner or his or her agent. We conclude that...
- NY Criminal Defense - Endangering the Welfare of a Child Â򧉠.10: Must the "Bad" Conduct be Directed at theChild
Posted October 11, 2008, 12:11 am by Jeremy Saland
Judges, prosecutors, and NY criminal defense attorneys recognize that law enforcement must always be vigilant in protecting children and keeping them safe. That being said, NY criminal defense attorneys must also hold the prosecution to their burden of proof when their clients are charged with Endangering the Welfare of a Child, Penal Law Â򧉠.10. One issue that has been litigated on multiple occasions is whether the conduct that "endangers" the child must be conduct that is directed at the...
- Help A Collector Has Frozen My Bank Account in New York, Queens, Bronx, Brooklyn!
Posted October 10, 2008, 11:20 pm by Stephen Z. Starr
We often receive inquiries from people living in New York, Queens, Bronx, and Brooklyn that a collector or collection agency has frozen their bank account, and wondering what they should do. Collectors and collection agencies can't freeze bank accounts. They have only two tools in their tool belts: letters and calls. However, in New York lawyers can and do freeze bank accounts. The way they do that is to get a judgment on behalf of their creditor client and then issue a restraining notice....
- U.S. Federal Documents Covering the Economy
Posted October 10, 2008, 10:24 pm
The following list of documents covering the economy for the week ending October 10 was compiled by Basil Tilmon of Gallerywatch. We appreciate his efforts: Letter to FBI Director Robert Mueller From Reps. Mark Kirk and Chris Carney Letter Expresses a Need for More Resources to Investigate Corporate Fraud Interim Final Rule: Deposit Insurance Regulations, Temporary Increase in Standard Coverage Amount, Mortgage Servicing Accounts (PDF 128 KB) Rule as Adopted by the Federal Deposit Insurance...
- Sentencing Advocacy, Practice and Reform Institute
Posted October 10, 2008, 10:05 pm
Congressman Robert C. "Bobby" Scott (D-VA) will share his unique insight and perspective on rates of incarceration, sentencing trends and alternatives, and recent legislation Click for full Brochure: "[www.abanet.org] Sentencing Advocacy, Practice and Reform Institute Presented by The American Bar Association Criminal Justice Section October 24, 2008 The Marvin Center, George Washington University 800 21st St., Washington, DC This First Of Its Kind Sentencing Institute Will Feature: A broad...
- BREAK FAST WITH CHRISTINE QUINN
Posted October 10, 2008, 10:00 pm by Lucas A. Ferrara, Esq.
You are invited to join New York City Council Speaker Christine Quinn [pictured right] and Council Members John Liu and Robert Jackson in celebrating "Eid ul-Fitr," the festival of fast-breaking observed by Muslims around the world to mark the end of the holy month of Ramadan. This year's theme: "Muslims in New York: Then and Now." Eid ul-Fitr Celebration at City Hall (Chambers) Friday, October 17, 2008, from 5:30 - 7:00 PM The event is free. All are welcome to attend. Entrances are on Broadway...
- HOW DO YOU JOIN THIS CLUB?
Posted October 10, 2008, 9:00 pm by Lucas A. Ferrara, Esq.
New York State Assembly Member Ruben Diaz, Jr., is having a fundraiser at the home of Stephen B. Kaufman and Gheri Kaufman, on Sunday, October 26, 2008, from 1:00 PM to 4:00 PM. The suggested minimum contribution is $500. Here's the invite:
- Defense Manufacturing Company Pays $30M to U.S. for Selling Defective Bullet-Proof Vests
Posted October 10, 2008, 8:06 pm
A $30 million settlement between the United States and Armor Holding Products LLC for selling defective Zylon bullet-proof vests was reached, according to the Justice Department. The U.S. alleged that the company sold the vests despite knowing the materials, "degraded quickly and over time were not suitable for ballistic use". The settlement was the result of an ongoing investigation by 11 U.S government investigation units. Click here to read the entire article, Armor Holdings Product LLC Pays...
- SHOULDN'T EVERYONE KNOW THEIR LIMITS?
Posted October 10, 2008, 8:00 pm by Lucas A. Ferrara, Esq.
Citizens Union, Common Cause/NY, and the New York Public Interest Research Group present A Panel Discussion and Public Forum Term Limits: Their Impact and Who Decides Panel in Formation Richard Briffault Joseph P. Chamberlain Professor of Legislation, Columbia Law School; Vice Chair, Citizens Union The Honorable Lew Fidler Assistant Majority Leader and Member, New York City Council Randy M. Mastro Attorney, Gibson, Dunn & Crutcher; Deputy Mayor, New York City, 1996 - 1998 Esmeralda Simmons...
- SPINNING WHEEL
Posted October 10, 2008, 7:25 pm by Lucas A. Ferrara, Esq.
In Greenberg v. Nolan, Boris Greenberg sued to recover damages for wrongful death and pain and suffering suffered by Alex Greenberg in a car crash. Paul D. Nolan was operating a bus owned by Rides Unlimited of Niagara (Rides) when his bus collided with Alex's car. Nolan claimed Alex lost control of his vehicle -- which slipped into oncoming traffic -- because of a discrepancy in elevation between the roadway and shoulder. After the Erie County Supreme Court permitted Nolan and Rides out of the...
- President Signs Law Expanding Scope of Americans With Disabilities Act
Posted October 10, 2008, 5:02 pm by Jonathan Nirenberg
On September 26, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (the ADAAA) into law. The ADAAA restores the original intent of the Americans with Disabilities Act of 1990 (the ADA), and is intended to increase protection for disabled employees from discrimination. The ADA is a federal employment law that [...]
- New Jersey Supreme Court Clarifies Sexual Harassment Standard: Repeatedly Asking For Dates is Not Sexual Harassment
Posted October 10, 2008, 4:55 pm by Jonathan Nirenberg
On August 4, 2008, the New Jersey Supreme Court ruled that repeatedly asking a woman out on a date, even when she repeatedly declines the invitations, does not constitute unlawful sexual harassment. More specifically, New Jersey's highest Court ruled that the harassment alleged was not severe or frequent enough to be legally actionable. The case, Godfrey [...]
- NY ACCIDENTS-Are you in the 'Zone of Danger'?
Posted October 10, 2008, 4:50 pm by Gerry Oginski
I was bike riding today on Glen Cove Road in Roslyn, NY, during a twenty mile ride. While riding with traffic on the extreme shoulder of the road heading South, I was struck with the realization that the cars and trucks driving within two feet of me was totally unnerving. Some might think that a 'buffer-zone' of only two feet is a zone of danger, and I'd agree. That's the last time I'll be bicycle riding on that road. The reason I mention the 'zone of danger' is because it is a legal principle...
- David C. Kernell Indicted for Allegedly Hacking into Governor Sarah Palin’s E-mail Account
Posted October 10, 2008, 4:39 pm by George P. Conway
A federal grand jury has indicted twenty-year old David C. kernell of Knoxville, Tennessee for intentionally accessing Republican vice presidential candidate Sarah Palin's E-mail account without authorization on or about September 16,2008. Kernell allegedly changed Sarah Palin's e-mail password after having successfully answered a series of security questions. Kernell is accused of thereafter taking screenshots of the directory and content of Sarah Palin's e-mail account and posting those...
- ABA Weekly Newsletter October 10, 2008
Posted October 10, 2008, 4:28 pm
Top Ten Stories: Attorney Fees Irate Judge Blasts Typos and Errors in Filing, Slashes Fees by $154K Oct 8, 2008, 07:14 am CDT Careers What Michelle Obama Didn't Like About Working at Sidley Austin Oct 6, 2008, 11:45 am CDT Law Practice Management Lawyers Want More Time, Less Stress, Not More Money Oct 7, 2008, 12:03 pm CDT Law Firms Baker, Winston Withdraw Proposals to Take on Heller Lawyers and Leases Oct 8, 2008, 05:59 am CDT Law Firms Some Firms Still Seek Laterals--Including Orrick, Set to...
- REHAB SAVES INSURANCE COMPANY
Posted October 10, 2008, 4:00 pm by Lucas A. Ferrara, Esq.
In Matter of Interboro Ins. Co. v. Coronel, Interboro Insurance Company petitioned to permanently stay arbitration of a number of uninsured motorist claims. In 2001, Patricia Coronel was driving a vehicle owned by Manuel Coronel when she and three relatives were involved in an accident on the Grand Central Parkway with a vehicle operated by Katherine Langadakis. Both Coronel and Langadakis reported to police officers that Langadakis was forced to stop short after being cut off by another...
- New York Court of Appeals Leave Question of Fact to the Jury
Posted October 10, 2008, 3:54 pm by NBlack
The title of this post might seem to state the obvious, but in my experience, trial level and appellate courts seem all too eager to conclude that summary judgment is appropriate even where arguable issues of fact exist. In Frutchey v Felicita 2008 NY Slip Op 06745, however, the New York Court of... (This is a content summary only. If you're reading this anywhere other than an RSS reader, the content has been lifted. Please visit my blog, Sui Generis http://nylawblog.typepad.com , to read the...
- Findlaw Summaries: Second Circuit U.S. Court of Appeals October 7-9, 2008
Posted October 10, 2008, 3:14 pm
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. ADMINISTRATIVE LAW, AEROSPACE & DEFENSE, LABOR & EMPLOYMENT LAW, MILITARY LAW Dibble v. Fenimore, No. 063307 In an action for administrative relief brought by plaintiff-state National Guard service technician who was denied reenlistment, grant of summary judgment in favor of defendant-Secretary of the Air Force is affirmed where: 1) the doctrine of intramilitary immunity does not...