States Sue The U.S. Department of Labor To Stop New Overtime Rules

Twenty-one states have joined together in suing the U.S. Department of Labor (DOL) in the hopes of halting the imminent implementation of its new overtime rule, which they claim is unconstitutional and fiscally unsustainable. Starting December 1, the DOL’s new overtime rule mandates time-and-a-half overtime be paid by public and

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Fox Sues Netflix For Poaching Key Employees: Tortious Interference Law

Media giant Fox filed a lawsuit against Netflix claiming it has been damaged by Netflix’s aggressive and improper campaign to unlawfully target, recruit, and poach valuable Fox executives by inducing them to break their employment contracts. The claim that Fox will attempt to articulate is called tortious interference. The elements of

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Apple Sued In Class Action For Breach of Contract Over iPhone 7 Pre-Orders

Apple iPhone users who signed up for a program to pay extra with the promise of receiving the latest device each year have filed a class action for a breach of contract claiming that they’ve been told to wait longer for their new gadgets than they should. In a proposed

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What NY Businesses Should Learn From the United States v. Texas Immigration Decision

The Supreme Court’s decision in United States v. Texas this past June upheld a challenge to a pair of executive orders on immigration. While the political rancor continues on the issue of immigration, especially on the grand stage of election politics, businesses should remain vigilant in the evolution of immigration law

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Airbnb To NY: We’ll Sue If You Pass New Home-Sharing Law

Home-sharing company Airbnb has threatened to sue New York if Gov. Cuomo signs off on a new home-sharing law that would establish heavy fines for tenants that host short-term rentals without being present. According to Fortune, Airbnb general counsel Rob Chestnut sent a letter to New York Gov. Andrew Cuomo

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Small Businesses Can Start Using Drones According to FAA

New federal regulations take effect that will allow commercial uses of drones in the United States. The rules created by the Federal Aviation Administration (FAA) cover unmanned aircraft weighing less than 55 pounds flown for “routine non-hobbyist use.”  The rules govern simple uses of drones for tasks like surveying property,

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New York City Forcing Certain Employers To Sign “Labor Peace” Agreements

New York City is trying to force certain employers to sign “labor peace” agreements with unions. Last month, NYC Mayor Bill de Blasio issued an executive order requiring property developers receiving at least $1 million in “financial assistance” to require any large retail and food service tenants on the premises

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What NYC Businesses Can Learn From The Blue Man Group Royalties Dispute

There are lessons to be learned by fledgling NYC businesses from the recent legal battle over royalties between Blue Man Group and a collaborator. If you are a New Yorker, or a tourist visiting New York City, then you probably know of Blue Man Group, a troupe of street artists

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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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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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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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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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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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New York City May Require High Salt Warnings in Franchised/Chain Restaurants

A New York appeals court ruling has cleared the way for New York City to begin enforcement of its rules requiring restaurants to warn of high-salt content. Recently, the First Department of the New York Appellate Court held that New York City can require chain restaurants to post warnings on

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Mixed Signals On New York Online Poker Bill

New York took one step forward – and possibly two steps back – as the New York State Senate overwhelmingly passed an online gambling and poker bill, but a key lawmaker in the New York State Assembly declared the effort to pass the bill “dead.” The New York State Senate

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