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Why the George Zimmerman Jury Got It Right

A criminal jury trial is not a popularity contest. In the days following the jury’s decision that George Zimmerman was not guilty of the second-degree murder or manslaughter of Trayvon Martin, the press reported on many who protested the jury’s verdict. The U.S. Department of Justice, which had started an investigation following Martin’s death, promised… Read More »

New York City Appellate Division Upholds Dismissal of Soda Ban

Mayor Bloomberg’s crusade to ban the sale of large-sized sodas and other sugary beverages has come to an end since a New York Appellate Division recently ruled to uphold a lower court ruling blocking legislation proposed by the Board of Health. According to the NY Law Journal, the Appellate Division based its decision on the… Read More »

Are Facebook and Myspace Posts Really Private?

It may seem like an invasion of privacy, but your Facebook and MySpace comments can be admissible against you in a court of law in New York.  Your privacy settings are not particularly relevant to judges who rule on admissibility. Even if your account is password protected and you have adjusted your privacy settings to… Read More »

What Does It Take to Pierce the Corporate Veil?

New York has set a high bar for individuals seeking to “pierce the corporate veil,” which is by definition attempting to sue corporate officers or limited liability company owners directly for damages. Usually a corporation is treated as a separate legal person, but even a high bar cannot protect business owners from potential lawsuits. The… Read More »

Merrill Lynch Manager Tells Female Analysts to Seduce the Old Boys Club

Three female financial advisors at Merrill Lynch’s Manhattan-based flagship offices claim that they were subjected to gender discrimination at the hands of an overbearing boss, according to court documents filed in New York State Court this week. The employees allege that they were respectively told to “stick to knitting” rather than going after new clients,… Read More »

Did “Biggest Loser” Contestant Violate Endorsement Contract by Gaining Weight?

Fitness sponsor, FC Online Marketing, Inc. (FCOM), is suing Tara Costa — a 2009 contestant on “The Biggest Loser” — in federal court for gaining too much weight after entering into an agreement to become a representative of the brand. The complaint alleges that the reality TV star breached her contract by failing to “maintain… Read More »

No Warrant Needed for Cellphone Data, Federal 5th Circuit Judges Rule

A panel of three federal judges ruled on Tuesday, July 30, 2013, in a 2-to-1 decision that police officers in the Fifth Circuit need only a court order (not a search warrant) to obtain access to locational data from your cell phone records.   Reasoning that geographical information collected by telephone companies becomes part of the… Read More »

Prosecutors React to Rise in Violent Theft of Smart Phones, Put Stop to “Apple-Picking”

Criminals have an economic incentive to steal your smartphone.  Several websites offer to pay top dollar for your old mobile devices and some kiosks allow you to deposit mobile devices anonymously into a repository for an immediate cash reward.  Violent criminals have caught on to a money-making scheme, so, it should come as no surprise… Read More »

Email Salutation Creates Legally Binding Offer to Settle, NY Sup. Ct. Rules

You can lose a great deal with the click of a send button, especially since the New York Supreme Court handed down a ruling affirming that an email salutation was sufficient to create a valid and binding offer to settle, enforceable against the defendant insurers, in Forcelli v. Gelco Corporation on July 24 2013. Despite… Read More »

Wall Street Brokers: Why FINRA Says it Needs Access to Your Facebook Account

Wall Street brokers were recently surprised to learn that regulators at the Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC) are vying to gain access to their personal and private posts on Facebook, Twitter, Google Plus and other social media accounts. CNN Money reports that regulators are seeking to monitor broker-dealer… Read More »