New York Commercial Litigation Blog

McDonalds Being Sued by Employees

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January 30, 2015

Blog

Ten former employees of a Virginia-based franchise have sued McDonalds on the grounds that the company has violated their civil rights. The lawsuit has been filed in federal court. According to the plaintiffs, McDonald's has violated Title VII o the 1964 Civil Rights Act and has subjected the employees to rampant racial and sexual harassment. This alleged abuse has taken place at three McDonald's restaurants in Virginia. All three are owned by Soweva Corporation. The employees have complai

IPhone Apps That Lawyers Might Like

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January 23, 2015

Blog

In the past year, I've been an active IPhone user and download at least one new app every few weeks. In doing so, I've come across some applications that lawyers might like. Although many large law firms won't give up their Blackberrys, the IPhone is ideal for smaller firms that don't have the same issues faced by IT (Information Technology) departments at bigger firms. Of course, if you work at a law firm that mandates Blackberries, you might still use an IPhone for work that doesn't involve

UMG Recordings v. Augusto: First Sale Doctrine Protects Reseller of Promo CDs

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January 19, 2015

Blog

Living on the west side of Los Angeles puts me smack in the middle of the entertainment industry. I have often seen promotional copies of DVDs of TV shows and feature films or music CDs being exchanged at parties, and even seen stacks of these being left out by the side of the street for trash pickup. Studios and labels don't want this

The Domain Name as Collateral Considerations for Creditors Seeking to Use a Domain Name as a Security Interest or as a Source of Payment on a Judgment

Convertino v. DOJ: Federal Court Upholds Attorney-Client Privilege for Employee’s Private Communications to which Employer Had Access

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January 15, 2015

Blog

Internet defamation law update: Courts around the U.S. regularly grant requests by plaintiffs to force publishers to disclose the identity of anonymous bloggers -- albeit, often not until the plaintiff has jumped over some rather stringent procedural hurdles. However, in a recent case, a federal judge in Missouri denied such a request, on the grounds that the plaintiff's need for the blogger's test

Impact of the BP Deepwater Horizon Oil Disaster

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January 06, 2015

Blog

Tens of billions of dollars in losses have been incurred due to the Gulf Coast Deepwater Horizon oil spill. There have been thousands of square miles of waters closed to fishing, swimming and/or boating, and thousands of square miles of historic coastal marshes, cypress forests, barrier islands, and white sand beaches compromised. Fishermen and marine businesses have lost and continue to lose income and be put out of business; the tourism industry and hotels, resorts, restaurant owners, and oth

Google Strikes Back Against Attorney General Jim Hood

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December 26, 2014

Blog

In the latest twist in the dispute between Google and Hollywood, Google has now sued Mississippi Attorney General Jim Hood and is seeking a court order to prevent him from enforcing a wide-ranging subpoena. The lawsuit has been filed in the US District Court for Southern Mississippi. Google claims that Mr. Hood has been threatening to prosecute the company for the l

Court revives robbie tolan civil lawsuit in mistaken shooting by bellaire officer

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December 22, 2014

Blog

WASHINGTON - The U.S. Supreme Court Monday reinstated a lawsuit filed by a Bellaire man who claims his constitutional rights were violated when he was shot by a police officer in the driveway of his parents' home. In 2008, Robert "Robbie" Tolan was shot by Sgt. Jeffery Cotton of the Bellaire Police Department. A U.S. District Judge tossed out Tolan's l

Sandy Hook Massacre Victims Suing Gunmaker

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December 19, 2014

Blog

Another attempt to sue a gunmaker is currently in the works in Connecticut. Nine families of the Sandy Hook Elementary School massacre have filed a wrongful death suit against Bushmaster Firearms, the company that made the AR-15 semiautomatic rifle that had been used by the killer. 26 people had been killed during this tragedy. Bushmaster Firearms is o

Legal Immunity For Ebola Vaccine Makers

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December 12, 2014

Blog

In order to encourage the development and availability of experimental Ebola vaccines, the U.S. Department of Health and Human Services (HHS) has offered liability protection to drug makers who are currently developing Ebola vaccines. The announcement was made as part of the Public Readiness and Emergency Preparedness (PREP) Act. The goal of this measure is to encourage the d

Innovative Lawsuit Against U.S. Bank

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December 05, 2014

Blog

Hayward Ferrell of Huber Heights, Ohio has initiated an innovative lawsuit against U.S. Bank, a division of U.S. Bancorp, one of the largest banks in the country. This lawsuit is related to a popular type of government-guaranteed mortgage that in fact requires banks to take distinct step i