Anita Bernstein writes: Depending how you count, there are approximately 62 statutory provisions for treble damages in New York law. Read together, most of them share an interest in vulnerable people.
Treble Damages in New York: A Field Guide
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Court of Appeals' 'Facebook' Decision Leaves Many Questions Open
Maurice J. Recchia writes: Despite the potential for addressing broad substantive issues of privacy and freedom from unreasonable search and seizure, and issues of federalism and the applicability of a federal statute which establishes procedures a government body can use to compel information, the Court of Appeals in its recent Facebook decision hewed to the narrow procedural framework of the case and declined to address the broader issues.
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Due Process Challenge, Two Discharge Exceptions and a Copyright Claim
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review recent decisions finding no due process violation by the government in taking brief control, for investigative purposes, of a website that gave users anonymous access to child pornography; dismissing a copyright claim alleging unlawful copying of the design for a private residence; and affirming two bankruptcy court decisions.
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Structured Dismissals: Alive and Well After 'Jevic'
John P. Campo and Susan F. Balaschak analyze a recent U.S. Supreme Court decision that, while not putting an end to so-called "structured dismissals" in bankruptcy, restricts the dismissal of a Chapter 11 case when combined with a final distribution to creditors that skips over a class of creditors without the latter's consent.
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Proprietary Capacity and Substantial Prejudice in Municipal Liability Cases
Kenneth E. Pitcoff and Andrea M. Alonso write: On Dec. 22, the Court of Appeals decided two significant cases in the area of Municipal Law, further defining when a municipality is acting in its "proprietary capacity" and clarifying the burden of proof in determining "substantial prejudice" to a public corporation in a late notice of claim petition.
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Will Tech Firms Be Compelled to Produce Overseas Emails?
International Criminal Law and Enforcement columnists Nicholas M. De Feis and Philip C. Patterson discuss the government's authority to seek warrants under the Stored Communications Act, a hotly contested issue that appears to be settled in the Second Circuit—but courts in other circuits don't appear to be following its lead.
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Tax Issues in Changing Jobs
In his Tax Tips column, Sidney Kess writes: The jobs market has heated up and many workers are voluntarily changing jobs to obtain better positions. There are a lot of practical and tax issues to consider when changing jobs, including deducting moving expenses and changes to health coverage and retirement benefits.
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Internet of Things to Make Discovery Significantly More Expensive
Richard L. Reiter and Adam L. Sheps write: As the Internet of Things continues to mature, the sheer magnitude and complexity of information will become more difficult to govern. As a result, it is important that businesses properly manage their data to avoid incurring unnecessary litigation costs that can consume valuable employee time, funds and other corporate resources.
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Reaffirming Authority for Judicial Scrutiny of Insurance Company Bail Bonds
Michael Pasinkoff explores the authority of courts to reject insurance company bail bonds based upon a determination that the collateral which secures the bond provides an insufficient financial incentive to compel a defendant's return to court.
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Second Circuit Rejects Secret-Cookie Suit
In her Internet Issues/Social Media column, Shari Claire Lewis of Rivkin Radler discusses the ruling in 'Mount v. PulsePoint', which made clear that companies that circumvent web browser privacy features to place cookies on computers to gather information about Internet use are not subject to liability for the typical legal claims that might be asserted under New York law.
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Under 'Daubert', It Isn't Getting Easier to Find a 'Reliable' Expert Witness
In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul, write: Almost 25 years after the Supreme Court's decision in 'Daubert v. Merrill Dow Pharmaceuticals', recent cases in the Southern District of New York continue to demonstrate the wide latitude that the Daubert standard affords to judges ruling on the admissibility of expert testimony, even on subjects previously accepted as valid grounds for expert opinion.
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The Project Management Craze: Are We Solving the Right Problem?
Marcie Borgal Shunk, president and founder of The Tilt Institute, writes: For some firms approaching the concept of efficient service delivery holistically, the results can be impressive. Yet for others the improvements are isolated, limited or non-existent. Conventional wisdom cites the billable hour or lawyers' inherent reluctance to change as the primary obstacles. But what if the proposed solution?the need for systematic project management and process improvement?is simply solving a misdiagnosed problem?
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Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews three landlord-tenant cases: "H.W. Hinkley Realty v. Romulus," "121 Irving MGM v. Perez," and "Roc-Jane Street v. Riffon."
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Cash and the Residential Property Purchase: a New Paradigm
Jason Bergman of Kensington Vanguard National Land Services discusses the new disclosure requirements for certain high-end residential real estate purchases in New York City made with cash. Title companies will be bound to gather this information, and purchasers? counsel will need to be very careful in the advice given about using cash in light of this change in the arena.
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Making Prenuptial Agreements 'Bulletproof'
David B. Saxe writes that no prenuptial agreement is entirely immune from the challenges and vagaries of litigation, but with certain precautions, many of those agreements can be made more invulnerable.
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SCOTUS Holds Designs on Cheerleading Uniforms Are Copyrightable
Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: Some eminent U.S. Supreme Court watchers have speculated that the court's temporary 4-4 ideological stalemate in 2016 led it to avoid cases involving hot-button issues. One case that arguably lends credence to this theory is 'Star Athletica v. Varsity Brands', which raised no contentious political issues, to put it mildly, but did give the court an opportunity to standardize an uncommonly chaotic body of case law surrounding the application of copyright law's "conceptual separability doctrine" to useful articles, including garments.
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Court Declines Opportunity to Provide Greater Privacy to Social Media Accounts
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss Facebook's challenge to the ability of a state prosecutor's office to obtain information concerning its subscribers' social media accounts.
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The Accumulated Earnings Tax: Back From the Grave?
In their Taxation column, Elliot Pisem and David E. Kahen discuss the structure of the accumulated earnings tax and Chief Counsel Advice 201653017 (Dec. 30, 2016), a memorandum which concluded that the AET may apply to a corporation that lacks ready access to cash or other liquid assets for distribution.
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Fastener Case Gives SCOTUS Opportunity to Resolve Trademark Remedies Issue
Milton Springut discusses a recent Connecticut case that presents the U.S. Supreme Court with an opportunity to resolve a longstanding dispute in trademark law: whether a prevailing trademark plaintiff must show willfulness to obtain disgorgement of the infringer's profits. This issue has split federal courts for decades.
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Due Diligence in Franchise Acquisitions
Franchising columnist David J. Kaufmann writes: Perhaps the greatest skill set possessed by franchise counsel which will prove integral to a contemplated acquisition is the knowledge and ability to conduct meaningful due diligence of the target franchisor and its franchise network. Ironically, even though franchising is at the very core of franchisor acquisitions, quite typically the investment banks and very large law firms guiding the transaction are more concentrated on mechanics and finances.
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