U.S. Government Formally Recalls Samsung Galaxy Note 7 For Dangerous Battery

The U.S. federal government issued a formal recall of the Samsung Galaxy Note 7 devices for a defective and dangerous battery. The Consumer Products Safety Commission published a statement on its website urging owners of the Samsung Galaxy Note 7 smart phone to turn them off and stop charging devices due to

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Suing a non-New York Company in a New York court: Understanding New York’s “Long Arm” Statute

A recent decision highlights the importance of understanding New York’s “Long-Arm” Statute when considering to sue an overseas business.  A New York court ruled that a flight attendant claiming that a defectively designed jump seat on an Airbus made in France caused her injury on a flight from Boston to

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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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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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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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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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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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Vimeo Prevails in New York Copyright Infringement Appeal

Vimeo, an internet service provider that allows users to upload audio and video content, is not liable for copyright infringement  in New York after the Second Circuit Court of Appeals reversed a Manhattan Federal Court decision. By reversing and remanding the decision of a Manhattan Federal Court, the Second Circuit

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New York Alternative Dispute Resolution: New York Arbitration Basics

Many New York small businesses are turning to arbitration to solve disputes for a variety of reasons. Arbitration is an out-of-court proceeding where parties contract to have a third party neutral, called an arbitrator, hear evidence and then make a decision. Often, parties to a contract agree to arbitration when they

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So you Want to Sue the New York Government? Act quick. Statute of Limitations/Notification Claims in New York

Commencing litigation, in New York City, against a private entity is an undertaking, but suing the New York City government in New York starts with a big time crunch. In New York, if you are suing any state or local government municipality or authority, you have, in most cases, 90

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Subjective Phrases In Your Contracts

When negotiating your contracts, normally, you should stay away from subjective phrases or you may be leaving yourself open to a court’s interpretation. Subjective phrases are those that are shaded by feelings, experiences and depend upon one’s individual point of view.  More often than not, they are loosely-defined words and phrases

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Protect Your NY Company’s Confidential Information

Every NY business keeps confidential information that it must protect from three common occurrences in the course of operations: Accidental Disclosure The most common way a NY business will lose protection of confidential information is through accidental disclosure. This is most likely because NY businesses fail to outline to employees,

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A Chapter 11 Bankruptcy May Save Your NY Business: New York Bankruptcy Law

With news that Gawker is filing for Chapter 11 bankruptcy protection after losing a $140 million dollar judgment to Hulk Hogan for defamation, now is a good time to introduce New York businesses to what a Chapter 11 bankruptcy is, and how it may save your NY business. Chapter 11

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Enforcing a New York Judgment Abroad: Service under the Hague Service Convention

We are presently working on a case where a New York law firm obtained a judgement against a Korean debtor in a New York court and the attorney in New York failed to serve the defendant under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil

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Protecting your Intellectual Property in New York: NY IP Law Basics

All businesses, including New York businesses, must take steps to protect their trademarks, brands and other IP.  Our international lawyers work throughout Asia and North America and have seen too many issues because of not implementing an IP Protection Strategy, not registering IP, not understanding the domestic value of IP

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Will New Yorkers Be Playing Fantasy Sports This Summer? New York Gambling Law Update

When two of the largest commercial fantasy sports gaming companies, FanDuel and DraftKings, were sued by the State of New York and subsequently agreed to voluntarily stop taking money from New York participants, the companies did so with the understanding that lawmakers in Albany would pass legislation on the issue

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New York Court Stipulations

When all is said and done, we are only as good as our word. It is the one thing we have control over in a world that seems irreparably out of control. Our words and action in furtherance of our word create our reputation. In court, when an attorney agrees to

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