In Broad Daylight
April 02, 2014
e-Commerce and payments fraud schemes such as phishing, e-mail hacking, and malware attacks are an ongoing, growing threat across industries. While some fraud is inevitable, a major incident could cause incalculable damage to a company's finances, regulatory standing and reputation. And with the use of mobile payments and e-commerce on the rise, the danger is increasing.
Avoid Transfer Taxes? Maybe Not
April 02, 2014
Last month, we began discussion of a hypothetical couple's transfers of assets to one another. We continue our analysis of the tax consequences of their proposed agreement herein.
The Privacy/ Security Clash's Unexpected Consequence
April 02, 2014
Every online enterprise today is struggling to manage and exploit the exploding volume of personal information that comes within their possession, while also maintaining data security and complying with privacy-related laws and regulations. They are not alone. Courts, legislators and regulators also are striving to find ways to protect legitimate privacy rights while keeping the realities of today's technology evolution and business environment in mind.
Domino's Challenges Joint Employer Liability for Franchisors
April 02, 2014
After more than three years of litigation, delivery workers for four Domino's pizza restaurants in Manhattan are receiving payments for unpaid wages. The payments of nearly $1.3 million began in January and are divided among approximately 60 delivery workers. While rare, the case applied well-settled principles of joint employment under wage and hour law to bring in the franchisor.
Dying Intestate After Divorce
April 02, 2014
I have been practicing law for over 25 years, but I am still shocked when I hear that a person who spent so much time, effort, and money in a divorce proceeding has not taken the time to confer with an attorney and sign a will.
Are We All Computer Felons?
April 02, 2014
As cyber victims and law enforcement struggle to find the means, both technical and legal, to respond to these attacks, critics claim that certain laws go too far. One statute, the Computer Fraud and Abuse Act has come under recent scrutiny due to its use against unsuspecting individuals who may not be the malicious hackers that the Act was originally meant to address.
City Parkland: Invalid Lease or Permissible License?
April 02, 2014
When may a New York municipality authorize commercial use of parkland without express authorization of the state legislature? That question recently reached the Court of Appeals in <i>Union Square Park Community Coalition v. New York City Department of Parks and Recreation</i>, in which the court upheld an agreement between the city and a private party authorizing the latter to operate a seasonal restaurant in Union Square Park.
Court Watch
April 02, 2014
Arbitration of Trademark Dispute Not Required <br>Court Finds Tax Preparer's Operations Shady, Puts It Out of Business<br>Mode-of-Operation Liability Cannot Be Assumed
Can Using Facebook Be a Firing Offense?
April 02, 2014
You have likely read stories of employees being fired for poorly thought-out Facebook posts or controversial Tweets. Depending on your point of view, you may be sympathetic to the employer's desire to avoid being associated with offensive or controversial statements made by an opinionated worker ' or you may be appalled that an employer would concern itself with an employee's use of social media.
Landlord & Tenant
April 02, 2014
Anticipatory Repudiation Raises Questions of Fact <br>Landlord Not Liable for Breaches of Its Predecessor<br>Successful Tenant Entitled To Attorneys' Fees<br>Three-Quarter House Residents Not Entitled to Rent Stablization Protection<br>Nonprimary Residence Proceeding Succeeds on Remand from Court of Appeals
