NY’s Daily Fantasy Sports Law Contains Major Flaw

In following up on an earlier post we wrote about the waiting game set up by the New York State government for daily fantasy sports, we are happy to report that DFS businesses like FanDuel and DraftKings are back open for business in New York. NY Gov. Andrew Cuomo signed a

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Can a Hashtag Be Registered As A Trademark?

Talking to a colleague today, we both came upon an interesting legal question: is a social media hashtag a trademark that one can register? For those who are not familiar with hashtags, it is a word or phrase preceded by a “#” that accompanies text. Hashtags are used to categorize

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Breach of the Duty of Care in New York -Say Out of the Strip Clubs if you are using Corporate Funds

A recent lawsuit makes allegations that, if true, shows what not to do if your New York startup business obtains investment funding. According to Business Insider, Marcus and Mitch Weller, the brothers who founded Skully, a company that designs next-generation “augmented reality” motorcycle helmets who raised millions in crowd-sourced funds, allegedly

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FDA Cracking Down on Underage Sale of Electronic Smoking Devices

NY Small businesses that sell electronic smoking devices like vape pens and e-cigarettes will now have to treat them as “tobacco products” thanks to new FDA regulations intended to crack down on underage sales of these items. This week, a earlier ruling from the U.S. Food and Drug Administration (FDA)

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New NLRB Labor Rules Negatively Impact U.S. Franchises

Revised federal rules from the National Labor Relations Board that give employees more leverage in settling workplace disputes are negatively impacting franchisors and franchisees, leaving them with higher costs and forcing them to scale back plans for future expansion. The new policy adopted by the National Labor Relations Board (NLRB)

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Business Groups Sue Over U.S. Government Crackdown on Corporate Inversions

Two business groups have sued the Obama administration over the government’s crackdown on U.S. companies moving abroad to reduce their tax burden.  The process is known as a corporate inversion. Also called a tax inversion, a corporate inversion is the practice of a corporation relocating its legal domicile to a

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Filing a DBA Name In New York

If you want to conduct business under a trade name that is different from the name used to form your New York business, then you need to file a DBA, or a “doing business as” name, in New York. DBAs are useful for a number of reasons. They allow a

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NY Agency Law Basics: Obtaining an agent to distribute your products in New York

New York Agency law deals with the relationship between an “agent,” and a “principal.” An agency relationship forms when a principal asks an individual to act on behalf of the principal and the action of the agent may bind the principal in some way.  Agency, in short, is a fiduciary

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Recent Intellectual Property Law News: From iPhones and Flight Simulators To Cheerleader Uniforms

Intellectual property rights remain a significant issue throughout the world, as outlined in the variety of claims brought around the world over a wide variety of IP issues. In June, the Beijing Intellectual Property Bureau ordered Apple to stop sale of the iPhone 6 and iPhone 6 Plus for violating

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Emails Held Overseas Are Not Subject To U.S. Warrant

The Second Circuit in New York recently handed down a ruling that emails held in servers overseas are not subject to a warrant issued in the United States. Judge Susan Carney ruled that the government cannot use a domestic search warrant to compel disclosure of email data stored with a U.S.

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Federal Trademark Basics: What You Can Learn From The “New York Fashion Week” Trademark Controversy

A growing controversy over the use of a widely-known phrase in the New York fashion industry is a perfect example of why you need to protect your trade names and marks immediately. If you are fashion-forward, or a New York resident, then you have probably heard of the phrase “New

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Private Settlements of Federal and New York Fair Labor Claims: Cheeks v. Freeport Pancake House

Several federal district courts and federal circuit courts of appeals – including those affecting New York – have issued decisions characterized by many attorneys as overly-protective toward plaintiffs in Fair Labor Standards Act (FLSA) cases. In Cheeks v. Freeport Pancake House, an employee brought a claim for overtime wages against

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Proven Negotiation Tactics For New York Small Businesses

When you are running your own business in New York, you must become a skilled negotiator.  New York can be a tough place and many sharks abound. In its simplest form, negotiation means a discussion between parties looking to reach an agreement. While the concept is easy to understand, the

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NY Commercial Lease Agreements Basics: New York Lease Agreements

When negotiating your commercial lease in New York, it is important that you know these type of New York leases that may be offered to your New York business.  Leases in New York are not take it or leave it.  We work with tenants and landlords and negotiations are possible.

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Consumer Safety Alert: 500K “Hoverboard” Scooters Recalled For Fire Hazard

If you purchased a “hoverboard” self-balancing scooter in the past year, be aware that ten major companies and retail stores that produced over 500,000 of them have issued a recall of the devices.  I bought one for my child and, thus, this news was interesting for me. The recall is

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Settlement In VW Emissions Litigation

New York is set to accept a partial settlement in the Volkswagen emissions case pending in a U.S. Federal District Court. Currently, 44 states have signed off on a settlement whereby VW would pay $14.7 billion to settle claims that it deceives states and customers by fraudulently misrepresenting its vehicles’

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Authenticating International Documents for use in New York

If you want to enforce a judgment in New York, or any other international document, headed to or coming from another nation, you should understand the process by which those documents are authenticated. An American court will not take a foreign document at face value. It must be authenticated before

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New York’s Fireworks Laws

With Independence Day upon us, this would be a good time to review whether consumers can purchase fireworks legally in New York.  Only three states – New Jersey, Massachusetts and Delaware – completely ban consumer fireworks. Since 2011, seven states — including New York — have lifted restrictions on the

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Revised New York Court Rule for Submitting Confidential Documents in Commercial Litigation in NY

New changes in how New York Court’s Commercial Division will have litigant file confidential documents submitted takes effect today.  The changes are part of an amendment to the division’s Standard Form of Confidentiality Order that establishes a more formal process for submitting confidential documents in an e-filed case in New

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What Brexit Means For The New York Real Estate Market

With the shocking news breaking that the United Kingdom has voted to leave the European Union, many New York businesses who transact business internationally, or who cater to an international clientele here at home are left to wonder what Brexit means for them.  For the real estate market, the effects

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