From the category archives:

Litigation

TweetIn our increasingly social media savvy age,this was bound to occur sooner or later–a recent federal district court decision entitled Lyons v. Rienzi & Sons, Inc. et al.,  09 CV 4253 (E.D.N.Y. 2012) grappled with the issue of whether a Facebook page can be considered a contact with New York for purposes of exercising long-arm […]

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TweetIn the recent bankruptcy case Houghton Mifflin Harcourt Publishing Co., Ch. 11 Case No. 12-12171 (Hon. Gerber, U.S. Bankruptcy Ct., S.D.N.Y.), the famed publisher of textbooks filed a $1 billion bankrutpcy petition in the bankruptcy court for the Southern District of New York.  The case arose out of the debtors’ filing of a pre-packaged plan of […]

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TweetSeveral months ago, a Texas couple won the largest jury verdict-totalling almost $14 million– for an online defamation lawsuit stemming from libelous statements made by anonymous posters on the forum Topix.com.  The couple, Mark and Rhonda Lesher, filed a suit against the anonymous commenters who had accused them on Topix.com of being, amongst other things, sexual deviants and drug […]

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TweetA manufacturer of the bone-growth stimulators Spinal-Stim and Cervical-Stim, Orthofix, recently pleaded guilty in Massachusetts federal court to a felony count of obstructing a federal audit, and it agreed to pay approximately $42 million in criminal fines and civil penalties for illegally promoting the stimulators.  See United States of America v. Orthofix, Inc., No. 1:12-cr-10169 and United States of […]

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TweetAs previously reported here , federal judge Denny Chin, recently heard oral arguments from Google and plaintiffs The Authors Guild and the American Society of Media Photographers in the cases entitled The Authors Guild et al. v. Google Inc., U.S. District Court, Southern District of New York, No. 05-08136; and American Society of Media Photographers […]

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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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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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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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TweetWhat do four bottles of wine, Thomas Jefferson, and Christie’s auction house have in common? Plenty, if you ask billionaire William Koch. Approximately, twenty-five years ago, Koch paid over $300,000 for four bottles of wine purportedly coming from the wine cellars of Thomas Jefferson.  He later discovered that the wine bottles were not from the […]

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