Recent Publications


Litigation Trends in Packaging Claims
April 12, 2019 | Intellectual Property | Health Services

Michael Cannata and Frank Misiti authored an article published in Natural Products Insider, “Litigation Trends in Packaging Claims.”

Click here to read the article.

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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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A privileged conversation is too important to throw away
April 8, 2019 | Appeals

Commentary:

Success in a litigation starts with a strong attorney-client relationship. The attorney and the client must work closely together to investigate and learn the operative facts, discern the best strategy to utilize those facts, adapt that strategy as new facts emerge and, as adversaries raise counter-arguments, and ultimately decide to settle or continue the

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Sweeping Changes to the Criminal Justice System Benefit those Accused
April 4, 2019 | Compliance, Investigations & White Collar

On Monday, April 1, 2019, Gov. Andrew Cuomo and the New York Legislature agreed to broad reform in the criminal justice system that will take effect on January 1, 2020. These new criminal procedure laws will completely change how individuals accused of committing crimes (referred to below as “the accused”) are treated during a criminal

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Prop 65 Heads East?
March 30, 2019 | Complex Torts & Product Liability

Paul Majkowski authored an article in the American Bar Association’s Mass Torts Litigation Practice Points section, “Prop 65 Heads East?”

Click here to read the article.

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Ullman’s Article on CBD in Supplements Appears in USLAW Magazine
March 28, 2019 | Cannabis | Compliance, Investigations & White Collar

Marc Ullman wrote “Regulations Remain Hazy around CBD Use in Supplements” for the Spring/Summer 2019 issue of USLAW Magazine.

The article reveals the regulatory confusion shrouding products made from Cannabis Sativa plants and their byproducts, with a special focus on cannabidiol as a supplement ingredient.

To read the article, click here.

 

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FTC Issues Privacy and Data Security Update
March 28, 2019 | Privacy, Data & Cyber Law | Compliance, Investigations & White Collar

On March 15, 2019, the Federal Trade Commission (FTC) issued its 2018 Privacy and Data Security Update, which reported on the agency’s enforcement activities for that calendar year.

As the United States’ primary consumer protection agency, the FTC has authority to enforce a variety laws directly related to privacy and data security, including the Truth in

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New York Insurance Coverage Law Update
March 26, 2019 | Insurance Coverage

Owner Deemed Additional Insured Under Subcontractor’s Insurance Policy 

The owner of a construction project was sued for injuries allegedly suffered by a subcontractor’s employee.  The general contractor’s contract with the subcontractor obligated the subcontractor to obtain additional insured coverage for the owner.  The court held that the owner was covered as an additional insured under

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NJ Bill Would Shorten Statute of Limitations for Professional Malpractice Claims
March 22, 2019 | Professional Liability

On March 18, 2019, Bill A-4880 passed the New Jersey Assembly Judiciary Committee. If the bill becomes law, it will amend the governing statute, N.J.S.2A:14-1, by shortening the statute of limitations for claims of malpractice against certain licensed professionals (including lawyers) from six years to two years. The amendment will also prohibit the award of

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New Rules for Premium Visa Processing and H-1B Data Hub
March 20, 2019 | Immigration | Labor & Employment

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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FTC Imposes Largest Civil Penalty for Violation of Children’s Online Privacy
March 12, 2019 | Privacy, Data & Cyber Law

On February 29, 2019, the Federal Trade Commission announced that the video social networking app Musical.ly, now known as TikTok, agreed to pay $5.7 million to settle a claim that the company illegally collected personal information from children, the largest such civil penalty to date.

The Children’s Online Privacy Protection Act (COPPA) requires websites and

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Why Out-of-State Businesses Should Take Note of California’s Privacy Law
March 12, 2019 | Privacy, Data & Cyber Law

The California Consumer Privacy Act (CCPA), which passed in 2018 and goes into effect January 1, 2020, is intended to provide some of the most rigorous privacy protections to California residents but is not limited in application to California companies.

What entities fall under the CCPA?

The CCPA applies to ”businesses” that are for-profit entities

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2nd Circuit Finds Hostile Work Environment Claims Can Be Brought under the ADA
March 11, 2019 | Labor & Employment

On March 6, 2019, the U.S. Court of Appeals for the Second Circuit joined its sister Circuits and held for the first time that hostile work environment claims are cognizable under the Americans with Disabilities Act (ADA), opening the door for employees in New York, Connecticut and Vermont to make such claims.

In the case

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Insurance Update
March 11, 2019 | Insurance Coverage

Most people think of spiders as insects.  But my 4th grade teacher taught us otherwise.  Insects have a head, thorax, and abdomen.  And six legs.  Spiders have two body parts (the head and thorax are combined) and have 8 legs.  They belong to a species known as arachnids.

So what does this have to do

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