As we discussed on this blog some time ago, an artist’s freedom of expression may trump an individual’s right to privacy. This issue has again reached the courts and this principle has been reaffirmed. Defendant Arne Svenson surreptitiously photographed the residents of a neighboring building through its glass facade. After…
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Obama Care and the Sale of an Interest in a Privately Held Entity
I received some interesting information from EisnerAmper concerning this issue, which many people may be unaware of. Have a read here.
Meaningful Changes Come to NY’s Non-Profit Laws
In late December 2013, new laws were put in place addressing non-profits. While we do not have a significant non-profit practice, we are often asked about issues relating to non-profits. To that end, here is a link to a more robust discussion of the Nonprofit Revitalization Act of 2013.
Another Reason Not to Accept Every LinkedIn Invite
LinkedIn sues to stop bots that are stealing its user profiles.
Court Applies Pre-Suit Notice for Non-Foreclosure Action Based on Mortgage Note
A lender has two options in seeking repayment on a defaulted home loan. A lender has the option of commencing a foreclosure action, auctioning the property, and applying the sale proceeds against the loan amount due. Or, a lender can sue based on the promissory note underlying the loan and…
Insurance Policy Applies Even With Wrong Party Named
A deli rented space from 137 Broadway Associates, located at 3379 Broadway. Prior to renting that space, the deli rented from Cromwell Associates, located at 3381 Broadway. The deli had purchased an insurance policy, which included the landlord as an additional insured. Mistakenly, although the deli was now renting from…
Email Agreement Creates Enforceable Settlement
Plaintiff, John T. Forcelli, sued for injuries incurred in an auto accident. While motions to dismiss were pending, the parties mediated the claim. Although one of the defendant’s insurance carriers discussed settlement, no agreement was reached. Shortly thereafter, settlement discussions were revived by email exchange. The carrier’s representative offered $200,000,…
The Facts Behind the Infamous McDonald’s Coffee Spill Verdict
I was sent a link to a New York Times video explaining the facts behind this national story. It was news to me, and very interesting.
New Jersey Court Creates Liability for Sending Text Message
A recent decision by a New Jersey appellate court has held that one sending a text to someone that is known or should be known to be driving, and in some way encourages a response to that message, may be liable for injuries sustained in a resulting accident. That said,…
Client Sues His Lawyer–for Copyright Infringement
This case presents an interesting discussion of copyright law, but not only based on a court decision, but on a disgruntled ex-client’s claim against his lawyer. Bernard Gelb and his company hired an attorney, Norman Kaplan, to file a class action lawsuit. After that lawsuit was dismissed, Gelb and Kaplan…