Federal Court Dismisses Claim That Disney Violated H1-B Visa Law

A federal judge dismissed lawsuits brought by two former Walt Disney Parks and Resorts workers claiming that it conspired with outsourcing companies to violate visa laws. According to published reports, the lawsuit claimed that two American IT workers were laid off and forced to train foreign replacements with H1-B temporary visas

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Suit Claiming NY’s Daily Fantasy Sports Law Is Gambling, Not Skill

An anti-gambling reform group filed a lawsuit last week claiming that New York’s “Daily Fantasy Sports” law violates the NY State constitution by characterizing daily fantasy sports contests as games of skill, rather than games of chance. The suit was filed in New York Supreme Court in Albany County by

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Supreme Court Extends RICO Law To Cover Acts By Domestic Organizations Overseas

The Supreme Court determined in RJR Nabisco v. European Community that the Racketeer Influenced and Corrupt Organizations Act (RICO) — a statute created to fight organized crime across the country, can be applied to prosecute criminal acts outside of the United States and, in some cases, even create a private right of

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New York City Considering Subsidizing Legal Counsel For Low-Income Persons In Housing Court

The New York City Council is considering legislation that would make New York City the first jurisdiction in the nation that would confer the right to counsel in housing court for low-income persons. The bill would guarantee civil legal counsel for low-income tenants in an eviction or foreclosure proceeding, so

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Pokémon Go Lawsuit Claims Game Creators Entice Users To Trespass

Creators of the popular Pokémon Go augmented reality game are litigants in a lawsuit claim that the game entices users to trespass on other’s properties. Nintendo, the Pokemon Company and Niantic Labs are named in a lawsuit filed in New Jersey on behalf of Jeffrey Marder, a homeowner who claims to have

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New York Extends Time For WTC Disability Claims By 9/11 First Responders

This week, New York Gov. Andrew Cuomo signed a law that extended the submission deadline for disability claims by first responders who worked at the World Trade Center (WTC) and related rescue operations after the September 11, 2001 attacks. The submission deadline under the WTC Disability Law has been extended

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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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