Mail Service on Foreign Parties Allowed
The U.S. Supreme Court ruled unanimously in late May that the Hague Service Convention does not bar a U.S. litigant from using the mail to serve process on a party in another country that, like the U.S., has ratified the Convention, unless that foreign country specifically has objected to such mail service. Water Splash, Inc. […]
TECHNOLOGY, ANALOGY AND THE COMMON LAW
“The common law is a growing tree,” a 19th Century Pennsylvania judge wrote. “Its principles must be continually adapted to new facts, and the changing conditions of modern life.”[1] Technology has been a frequent changer of modern life. The New York Court of Appeals recently had to reconcile technology and the common law in Flo […]
COURT SUSTAINS “WHISTLEBLOWER” CLAIM UNDER NEW YORK’S REVISED NOT-FOR-PROFIT CORPORATION LAW
Following a multi-year effort, New York State adopted a comprehensive revision of its statute governing not-for-profit corporations that took effect in mid-2014.[1] Part of the revision was the enactment of a “Whistleblower Policy,” the purpose of which is “. . . to protect from retaliation persons who report suspected improper conduct.” N.Y. N-PCL §715-B(a). More […]
IBA Features CM Attorneys on Arctic Cruising & Taxation of Elite Athletes
The environment and cultural issues of the largest passenger cruise through the Arctic’s Northwest Passage and the tax-exposure of world-class athletes are two of the issues Culhane Meadows partners discussed at the 2016 International Bar Association annual conference in Washington, D.C. September 18-23. Robert J. Kiggins, Linda V. Priebe and David Jacoby participated at the […]
New Federal Trade Secret Right Created
With President Obama’s signature on May 11, 2016 of the Defend Trade Secrets Act of 2016 (“DTSA”), a new intellectual property right under federal law came into existence in the United States. The statute, passed almost unanimously in both houses of Congress, creates one particularly powerful ex parte seizure remedial option in limited circumstances. The Act’s […]
Defining Occurence In Insurance Policies
A basic risk management tool for just about any kind of organization is its liability insurance coverage. Despite its ubiquity, however, some fairly basic provisions of a liability insurance policy, such as its definition of an occurrence, can still yield unpleasant surprises,
The New York Commercial Division Adds New Rules
The Commercial Division of New York’s Supreme Court turned 20 in 2015, an occasion marked by a conference and accompanying booklet on its accomplishments (link here: https://www.nycourts.gov/courts/comdiv/NY/PDFs/CDbrochure.pdf), and, in the last few weeks, by a 12-minute video birthday card of sorts (you can watch it at https://vimeo.com/151074229, using the password Justice). But lest you think […]
Ninth Circuit: “Fair Use ” Doctrine Must be Weighed Before DMCA Take-Down
You’ve just posted a too-cute video of your 13-month-old son bopping to a song (“Let’s Go Crazy” by Prince, as he then was) on YouTube. It gets a couple of hundred views and then YouTube pulls it down– because Universal Music, in charge of playing copyright cop for the song, filed a takedown notification under […]
Dremluk, Jacoby and Meadows named as 2015 NYC Super Lawyers
NEW YORK, Sept. 24, 2015 — Culhane Meadows PLLC is pleased to announce that three of the firm’s partners – Robert W. Dremluk, David Jacoby and James E. Meadows – have been named to the prestigious 2015 list of Super Lawyers in the New York Metro area by Super Lawyers Magazine. All three of the […]
California Resale Royalty Act Can’t Apply Outside California
The major art auction houses’ spring sales in New York yielded a record US$2.5 billion in May, but not one penny of it will go to artists as resale royalties under California’s nearly 40-year-old Resale Royalty Act. On May 7, the en banc U.S. Court of Appeals for the Ninth Circuit
Virginia Supreme Court Sidesteps Decision on “Unmasking” Standard for Anonymous Posts
When a business is attacked in an anonymous website post, the first hurdle it typically faces in seeking redress is identifying who wrote the post. The problem can be a particularly serious one for businesses that attract customers from review sites. Those who follow this area of the law have been waiting with anticipation for […]
Fewer Bites at the Apple for Trademark Registration Issues?
A party usually gets one chance to establish or dispute a claim, and then one chance to appeal as of right. The application of that rule in a late March decision from the U.S. Supreme Court has trademark lawyers re-thinking the interplay between proceedings before the Trademark Trial and Appeal Board (TTAB) and federal courts […]