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NYC Litigation Blog

Tuesday, July 17, 2018

The Story of #CockyGate and What It Means for Trademark Authors

What are the hazards of attempting to enforce a weak trademark?

A romance novelist took out a trademark for the word “cocky,” then attempted to enforce this mark against fellow authors. What unfolded became known as #CockyGate.


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Friday, July 6, 2018

Employment Discrimination and Freelancers

What protections do gig workers have from discrimination?

The number of independent contractors, also referred to as gig workers or freelancers, has risen sharply in the past decade. Independent contractors are contracted to perform work or services for another entity. Employers often consider hiring independent contractors advantageous because these workers come with tax benefits and typically are not required to receive health insurance and other benefits. As more of the workforce becomes gig workers, it is important that freelancers understand their


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Wednesday, June 13, 2018

Avoid Drafting an Overbroad Non-Compete Agreement

What action might a court take if my non-compete agreement is ruled overbroad?

Non-compete agreements can prove essential in protecting a business’ trade secrets. While non-compete agreements are an integral part of many...


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Thursday, June 7, 2018

Chipotle Forced to Pay Wrongfully Terminated Employee $8 Million

What damages could I receive if my employer has wrongfully terminated me?

A Fresno, California jury recently awarded a former Chipotle manager with $8 million for her wrongful termination. Jeannette Ortiz was a manager of the Shaw and Cedar Chipotle location in 2015.


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Friday, May 18, 2018

The Changing Landscape of NYC’s Employment Laws

What can employers in New York City do to ensure compliance with recently passed employment laws?

Recently, the New York City Council and the NY State Legislature have passed and enacted several significant employment laws. These new laws will impact private employers across New York. Employers in the city need to remain abreast of the changing employment laws in order to ensure their compliance. Our


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Friday, May 11, 2018

In This Jurisdiction, Employment Discrimination Lawsuits Go Further


What are the grounds for a valid employment discrimination lawsuit?

A recent review of rulings by New York judges reveals that in the U.S. District Court for the Eastern District of New York Read more . . .


Tuesday, April 17, 2018

Tips to Better Protect Your Trade Secrets

How can I protect my trade secrets even with ever growing technological advancements?

In today’s technology driven world, employers are increasingly vulnerable to theft of their trade secrets. Employees today can rapidly pass trade secrets through their cell phones or a USB. Even further, as more information moves to the digital cloud, misappropriation can happen nearly instantaneously.


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Friday, April 6, 2018

Wage Theft Among Restaurant Workers in NYC

What are my legal rights if I believe my employer is committing wage theft?

Wage theft is the illegal practice of not paying employees for their work. It can involve not paying employees overtime, violating minimum wage laws, taking employee tips, and more.


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Friday, March 23, 2018

Dissolving Your Business

What paperwork do I need to file to dissolve my business?

Closing your business is not as simple as just shutting the doors.  If you have decided to close your small business, you will need to take steps to ensure it is dissolved in the correct legal manner.  Failure to properly dissolve the business could result in ongoing tax liabilities and potential litigation by outstanding creditors.


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Wednesday, March 14, 2018

NY Judge Holds Embedded Tweets Can Constitute Copyright Infringement


What is the “server test?”

A case currently before a New York federal judge is already causing ripples among the legal community. In the case of Justin Goldman v. Breitbart News Network, LLC, plaintiff Goldman accused several publications of Read more . . .


Monday, February 26, 2018

Resolving Your Business Dispute with Mediation

Is mediation or arbitration a better method to resolve my business dispute?

Conflict is a given in the business world. Business owners can take steps to avoid disputes by creating solid contracts and partnership agreements, but eventually, nearly all business owners will run into some type of dispute. Common disputes involve business partners and business vendors. When a dispute arises, business owners will usually first attempt to resolve the issue without judicial intervention. Mediation can offer an inexpensive way to reach an agreement that both parties will accept.
Read more . . .


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