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Constitutional Law Criminal Law Litigation

A Call for Some Restraint in Making E-Mail Related Arrests

For the past five to ten years or so, emails have increasingly become the source of a myriad of criminal complaints. Today, I was able to obtain a dismissal of a charge brought against my client after it was established that the complainant had actually sent the offending emails to herself. I decided to write […]

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General Intellectual Property Litigation

Paul Ceglia Arrested on Fraud Charges Stemming From Facebook Lawsuit -No Shock There!

Paul Ceglia,the plaintiff, in a bizarre case brought against Facebook in a Western New York Federal Court was arrested by the US Attorney’s Office yesterday. Ceglia claimed in court that he had a contract from back in 2003 that proved that Facebook founder Mark Zuckerberg promised him 50% of the company Zuckerberg was developing. He […]

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General Intellectual Property Litigation

NY Appeals Court: Failure To Issue Litigation Hold Is Not Necessarily Gross Negligence

OK so this is not a sexy topic, like the Presidential Debate or Lindsay Lohan’s courtroom attire, but it is important. In a decision that will surprise many litigators, the U. S. Court of Appeals for the Second Circuit (which covers NY) recently held in Chin v. Port Authority that the failure by a law […]

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General Intellectual Property Litigation

Judge Fines Plaintiff and Lawyer in Quirky Lawsuit Against Facebook

I have been following and blogging about the strange case filed in Federal District Court in Buffalo New York by Paul Ceglia and his lawyer Dean Boland. Ceglia claims he has a written agreement between him and Mark Zuckerberg where Zuckerberg agrees to give him 50% of Facebook in exchange for a small investment and […]

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Intellectual Property Litigation

NY Court Adopts Federal Standard for Destruction of E-Mails

For the first time in a NY state court case, an Appellate Division court has adopted the standard set forth in 2003 in Zubulake v. UBS Warburg LLC, which set forth guidelines when a party can be punished for the destruction of emails. The NY case, Voom HD Holdings v. EchoStar Satellite LLC, involved a […]

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General Litigation

Strange Case Against Facebook Rages On in Western NY: May Require FB To Produce Zuckerberg’s Original Computer

In a strange case I reported on a few months ago, a Western NY man is claiming he was an original partner of Mark Zuckerberg’s in Facebook. He claimed he had a signed contract and emails to and from Zuckerberg proving his claim. FB immediately shot back and called the whole claim a fraud and […]

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Litigation

Lawyer’s Failure to Safeguard Documents Brings Hefty Penalty

Often in Federal litigation and state commercial litigation, certain documents are marked “confidential” so that the parties know that while they have to be exchanged through the course of the case, they are not to be given to third parties or used outsider the litigation in any way. In some cases, an entire court file […]

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Copyright Law Litigation

Florida Case May Test Limits of Protecting Jewelry Designs

Last month, Florida jewelry designer Coralia Leets filed a Federal trademark infringement and unfair competition lawsuit in the Southern District of Florida alleging that defendant Gab-Cos, Inc. stole her design for pendants and earrings that featured a teardrop look surrounded by a ring of hammered gold. Leets also alleged that others sold imitations of her […]

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General Litigation

NY Fed. Court Issues Reminder About Lack of Privacy in Work Emails

Bruce Bent II was an executive and co-owner of Reserve Management Co. Inc. (RCMI) involved in an SEC investigation over alleged securities violations. The SEC sought to compel RCMI’s production of 60 e-mails between Bent and his wife that were exchanged during the two-day period after Lehman Brothers’ bankruptcy announcement, during which a run on […]