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Decisions of Interest
Parens Patriae Standing for Attorney General Confirmed
The Attorney General of the State of New York has parens patriae standing to bring discrimination cases against an employer on behalf of the people of New York. EEOC v. Federal Express Corp., 2003 WL 21397657 (E.D.N.Y. 6/17/03) (Garaufis, J.)
In a Title VII action involving the right of employees to wear dreadlocks for religious reasons, employer Federal Express challenged the authority of the Attorney General's Office to prosecute the action on behalf of the State. The court rejected Federal Express's challenge, and held that not only did the Attorney General have authority to prosecute the case under New York Executive Law '63(1), but also that the State had parens patriae standing as an “aggrieved person” within the meaning of Title VII. The court ruled that Title VII's standing provision clearly envisioned civil suits by a government or a government agency. Moreover, parens patriae standing was consistent with the remedial purposes of Title VII, which is to eradicate employment discrimination from the national economy.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.