NY Law on Auto-Renewal: Helpful or Litigation Breeder?

Many States have passed legislation aiming to regulate websites that offer auto-renewal subscriptions or auto-renew purchase plans with mixed success. NY has decided to jump into the fray with an Auto Renewal Law (ARL) that will go in effect on February 1 2021. Key points under the new law: Businesses must generally: Present the material… Continue reading NY Law on Auto-Renewal: Helpful or Litigation Breeder?

Say What You Want About Lenny Dykstra . . . . I Mean It, NY Ct. Rules You Can’t Defame Him.

The arc of Lenny “Nails” Dykstra’s life is like a roller coaster. Well at least that first part of the rollercoaster where you go up a huge hill, reach the top, and then speedily plummet to the bottom. Lenny’s hit so rock-bottom that recently a NY Judge ruled he is “libel-proof.” That is, his public… Continue reading Say What You Want About Lenny Dykstra . . . . I Mean It, NY Ct. Rules You Can’t Defame Him.

What Will Jurors Be Like Post-Covid?

Over the last few days or so, I have seen that lawyers, judges and clients alike are starting to wake up out of their covid-comas and are thinking about getting back to normality – whatever that was – heck, let’s just call it the pre-covid days. More courts are scheduling video or phone conferences; lawyers… Continue reading What Will Jurors Be Like Post-Covid?

Getting Insurance Coverage for COVID-19 Business Interruption

Many of my firm’s business clients have been calling me to see if they can obtain money in addition to available government assistance for the losses they are suffering due to the COVID-19 pandemic. I advise them that it all starts with a deep dive into their insurance policies. Let’s face it, most of us… Continue reading Getting Insurance Coverage for COVID-19 Business Interruption

Its Wrong to Make Wrongly Convicted Drop Legal Claims In Exchange for Freedom

Stephanie Clifford of the New York Times last Tuesday wrote a piece on a growing trend among prosecutors facing motions to vacate wrongful convictions: They will consent to the motion if the defendant agrees to waive his right to seek money damages for his wrongful conviction. The story focuses on the Philadelphia case of Jimmy… Continue reading Its Wrong to Make Wrongly Convicted Drop Legal Claims In Exchange for Freedom

Will Alfonso Ribiero Win His Lawsuit Against Fortnite Over “The Carlton Dance?” (Hint: No)

Image Courtesy of Cinema of Gaming

Actor Alfonso Ribiero played nerdy guy Carlton on “The Fresh Prince of Bel Air” back in the last century. One of the greatest scenes from the show was when Cartlon, home alone, dances wildly to Tom Jones’ hit “Its Not Unusual.” The dance became his signature move and dubbed The Carlton. Now two video game… Continue reading Will Alfonso Ribiero Win His Lawsuit Against Fortnite Over “The Carlton Dance?” (Hint: No)

1st Amendment Stops Trump from Blocking Twitter Followers but Allows NFL to Ban Kneeling

Ah, that pesky Bill of Rights !

The First Amendment is causing quite a stir in social media as a result of two headlines this week: (1) A Federal Judge said that because the President’s Twitter feed is a public forum, he cannot ban any followers due to their speech and (2) The NFL stated that it will issues fines to teams… Continue reading 1st Amendment Stops Trump from Blocking Twitter Followers but Allows NFL to Ban Kneeling

Court Labels Attorney as “Copyright Troll” and Fines Him $10,000 Over Frivolous Case Involving Photograph

Will this troll learn his lesson?

2018 has been a bad year for copyright infringement troll attorney Richard Liebowitz. He specializes in bringing hundreds of suits over the alleged infringing use of a digital photograph. In February, in the case of McDermott v. Monday, Monday LLC Southern District of NY Judge Denise Cote labeled him a “Copyright Troll” for filing over… Continue reading Court Labels Attorney as “Copyright Troll” and Fines Him $10,000 Over Frivolous Case Involving Photograph

Top 5 Tips for Lawyers Arguing Their First Appeal

This missive shall draw them into immediate submission!

Back in 2010, I wrote an article for this blog on Top 10 Tips for Young Trial Lawyers It remains one of the most viewed and re-viewed articles on my blog. Since its publication, there has not been a week that it has not been viewed. This week, I judged New York Law School’s Wagner… Continue reading Top 5 Tips for Lawyers Arguing Their First Appeal