Holiday/Event-Themed Posts

In Peldman v. Kalahari Resorts, LLC, No. 161385/2019, 2021 WL 3619757 (Sup. Ct. N.Y. Cty. August 16, 2021), the court held, inter alia, that the court did not have personal jurisdiction over an out-of-state (PA) defendant. Among other things, the plaintiff argued that defendant’s connections to New York – including purchase of a float in…

Read More Purchase of Floats in Macy’s Thanksgiving Day Parade Insufficient to Confer Personal Jurisdiction
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In Horror Inc. v. Miller, 15 F.4th 232 (2d Cir. Sept. 30, 2021), the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision holding that screenwriter Victor Miller held authorship rights with respect to the movie Friday the 13th. From the decision: This dispute concerns whether, for Copyright Act purposes, the…

Read More “Friday the 13th” Screenwriter Victor Miller Had Authorship Rights, Court Holds
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On June 17, 2021, President Joe Biden signed the Juneteenth National Independence Day Act into law. Specifically, the Act amends Section 6103(a) of Title 5 of the United States Code, by inserting after the item relating to Memorial Day the following: “Juneteenth National Independence Day, June 19.” Celebrated by African Americans yearly since the Civil War…

Read More Juneteenth Is Now a Federal Holiday
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Today is Memorial Day. Originally called Decoration Day, this holiday originated in the years following the Civil War, became a federal holiday in 1971 (see 5 U.S.C § 6103(a) (deeming “Memorial Day” the last Monday in May)), and is intended to honor the men and women who have died during the performance of their military…

Read More Memorial Day 2021
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Twenty-twenty has, to say the least, been quite a (miserable) year, characterized by the introduction and propagation of a deadly virus, lockdowns, business closures, eviction moratoriums, protests, etc. As we run out the clock, I thought I would share with you some of my thoughts as a New York City-based attorney/solo practitioner working in the…

Read More Year in Review: 2020
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In a recent case, Belvin and Mayers v. Electchester Management, LLC, 2020 WL 7262877 (E.D.N.Y. Dec. 10, 2020), the court, inter alia, dismissed one plaintiff’s retaliation claim, finding that they did not establish a prima facie case of retaliation. From the decision: Regarding the first claim, Mr. Mayers has failed to adduce evidence of retaliation…

Read More Retaliation Claim Dismissed; Insufficient Help in Putting Up Christmas Decorations Was Not An “Adverse Employment Action”
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Today, November 3, 2020, is (among other things) “National Sandwich Day.” Popularized in 18th century England by the 4th Earl of Sandwich, the sandwich has become a staple of the American lunch and an integral part of American pop culture. You may be wondering why I put the word “sandwich” in quotation marks in the…

Read More Happy National “Sandwich” Day!
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Just a friendly reminder that, under New York law, A person is guilty of grand larceny in the second degree [a class C felony] when he steals property and when: 1. The value of the property exceeds fifty thousand dollars; or 2. The property, regardless of its nature and value, is obtained by extortion committed…

Read More Trick or Treat, a/k/a Extortion?
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Today is Juneteenth, which celebrates the ending of slavery in the United States. On this day in 1865, Union soldiers landed at Galveston, Texas with news that the Civil War had ended that enslaved persons were now free. This was, notably, two years after the Emancipation Proclamation (which became official on January 1, 1863). Juneteenth…

Read More Juneteenth: 2020
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