From the monthly archives:

June 2012

TweetIn a case that sounds like something out of an Indiana Jones adventure, a German art museum appealed an order of a New York Surrogate Court which denied its claim that the Estate of Riven Flamenbaum, a Holocaust survivor return a piece of property as barred by the doctrine of laches. The Appellate Division reversed […]

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TweetToday’s clients are more loyal to their lawyer than their law firm and rainmaker partners are returning that loyalty by seeking out better opportunities for their clients and themselves at other law firms. Partners are now moving from firm to firm in the same percentages as associates are moving.  This new mobility by rainmaker partners […]

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TweetINTRODUCTION It has become increasingly popular for people and entities to transact business via the internet.  In fact e-commerce sales in 2009 alone totaled more than $1.2 trillion. (Yes, you read that number correctly.)  E-commerce enables small, local businesses to transact business worldwide.  One of the main advantages is that local businesses can obtain wholesale […]

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TweetRecently, a New York court wrestled with the issue of whether it can recognize foreign money judgments where it does not have personal jurisdiction over the defendant in the case entitled Abu Dhabi Commercial Bank PJSC v Saad Trading, 2012 NY Slip Op 22134 (N.Y. Sup. Ct, N.Y. Co. 5/15/12), Index No.: 652191/11. Plaintiff sought […]

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TweetMy first reaction to a YouTube commercial created by The Law Office of John Phillips looked something like this … For about two minutes and thirty seconds, my face alternated from stunned amazement to confused amusement. The video, which you can watch below, tells the sad story of a Weeble Wobble (yes, those lovable toys […]

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TweetThe First Circuit Court of Appeals last week held that the federal Defense of Marriage Act (DOMA) is unconstitutional because it denies married same-sex couples the same federal benefits granted to other married couples. This issue is now clearly headed to the United States Supreme Court which will likely have the final say on the […]

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TweetRecently the Second Circuit threw out a challenge to New York’s Kosher Act of 2004 in a case entitled Commack Self-Service Kosher Meats, Inc. v. Hooker, 11-3517-cv (2d Cir. 5/10/12). Plaintiffs challenged New York’s Kosher Law Protection Act of 2004 as violating the Establishment and Free Exercise Clauses of the First Amendment.  They also argued […]

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TweetRecently, the Court of Appeals issued a controversial decision in which it held that an at-will employee cannot sustain a claim for wrongful termination.  The Court based its decision on the controlling case Murphy v. American Home Products Corp., 58 N.Y.2d 293 (1983) which held that absent a violation of a constitutional requirement, statute or […]

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TweetYour friendly neighborhood Starbucks barista might be looking a tad different thanks to a recent Second Circuit appeals court decision entitled National Labor Relations Board (“NLRB”) v. Starbucks Corp., Docket Nos. 10-3511-ag, 10-3783-ag(XAP) (2d Cir. 2012). In that decision, the court reinstated Starbucks’ right to limit its baristas to wearing one union button. The case arose out […]

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TweetThis week’s Dewey & Leboeuf bankruptcy is more evidence that the law business has changed radically since 2008.  Law firms that insist on doing business as usual and continue to raise their rates each year will continue to see declining profits as clients seek out smaller, regional law firms with more competitive fee structures. To […]

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