Recent Publications - Commercial Litigation


Registration Now Required Prior to Initiating Copyright Infringement Suit
April 9, 2019 | Intellectual Property
Courts at the opposite sides of the country (and some in between) have long differed on how easy it is for a party to file a lawsuit alleging copyright infringement. A March 4, 2019, decision by the United States Supreme Court has standardized the process throughout the nation. In Fourth Estate Public Benefit Corp. v. …
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New Rules for Premium Visa Processing and H-1B Data Hub
March 20, 2019 | Immigration | Employment & Labor
On March 19, 2019, the United States Citizenship and Immigration Services (USCIS) announced two major changes to the H-1B visa program. First, USCIS will allow a modified form of premium processing for H-1B visa petitions that are subject to the annual cap (“cap-subject H-1B petitions”). In the past two years, USCIS had suspended premium processing …
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How Courts Treat ‘Technology Assisted Review’ in Discovery
March 13, 2019 | Commercial Litigation
On Oct. 1, 2018, an amendment to the Rules of the Commercial Division of the Supreme Court took effect codifying the Commercial Division’s support of the use of technology assisted review (TAR) during discovery. Specifically, Commercial Division Rule 11-e(f) encourages parties to “use the most efficient means to review documents, including electronically stored information (ESI), …
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In Business, Trust Your Family at Your Own Peril
March 7, 2019 | Commercial Litigation
Commentary: Long Island has been my home for most of my life. Here are a few of my favorite things about my hometown: beautiful beaches, great public education, fried clams, Billy Joel, the lunar module, four Stanley Cups, the Belmont Stakes and Bethpage Black. Some of my not-so-favorite things: unbearable traffic, exorbitant property taxes and …
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What Employers Need to Know Now about H-1B Visas
March 6, 2019 | Immigration | Employment & Labor
It is now H-1B visa season, meaning that the U.S. Department of Homeland Security (DHS) is accepting H-1B visa applications from April 1st to April 5th. The H-1B visa program has come under intense public scrutiny over the last two years. In response to perceived abuses in the H-1B program, President Trump issued the “Buy …
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DHS Proposes Termination of H-4 Work Authorization
February 28, 2019 | Immigration | Employment & Labor
On February 20, 2019, The Department of Homeland Security (DHS) sent the Office of Management and Budget a proposed rule that would eliminate the work authorization for those present on an H-4 visa. The proposed termination of work authorization has the potential to drastically affect the companies that employ H-4 workers. Proactive employers can avoid a disruption …
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Trump Administration Implements Major Changes to H-1B Lottery System
January 30, 2019 | Immigration | Employment & Labor
On January 31, the Department of Homeland Security (DHS) will publish a final rule changing the H-1B lottery system. The final rule implements the proposed two changes discussed earlier here. According to the DHS announcement, “The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular …
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Proceed with Caution on Autonomous Vehicles
January 22, 2019 | Employment & Labor | Commercial Litigation | Privacy, Data & Cyber Law
Waymo – the self-driving technology subsidiary of Google parent Alphabet Inc., – launched a self-driving taxi service in Phoenix at the end of 2018. As companies continue to speed into the autonomous vehicles space, the birth of this industry is raising unprecedented issues. Policy-makers, insurers, automobile manufacturers, employers, and others are encouraged to begin considering …
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Trump Administration Proposes Changes to H-1B Lottery
January 3, 2019 | Immigration | Employment & Labor
The public comment period for the Department of Homeland Security’s (DHS) proposed changes to the H-1B lottery system has now closed.  U.S. companies filing H-1B visa petitions must typically enter a lottery because the law caps the number of H-1B visas that DHS can issue each year. The proposed rule would make two important changes …
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Del Pizzo Writes in ‘The Computer & Internet Lawyer’
December 17, 2018 | Privacy, Data & Cyber Law
Nancy Del Pizzo published an article in The Computer & Internet Lawyer entitled “Are Your Clients’ Web Sites Accessible?” It discusses how businesses’ online presence may leave company owners open to litigation due to a lack of accessibility by the disabled. It relates how the Americans with Disabilities Act prohibits discrimination at “places of public accommodation,” and …
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