Recent Articles from Eric Walter
Employee health surveys could violate federal statute
Could overly broad health questionnaires now issued as part of some employee wellness programs put workers at the risk of discrimination? That is a question currently concerning U.S. Rep. Louise Slaughter. In a letter sent to the members of the federal Equal Employment Opportunity Commission last year, Slaughter expressed concern over employer-issued health questionnaires that […]
Attorney general cracks down on fake online reviews
“Caveat emptor,” or “let the buyer beware” goes the old adage. But what does that mean in the online world? That question goes to the heart of a recently concluded investigation by the office of the New York State Attorney General. That agency announced last month that it had reached a $350,000 settlement with 19 […]
FTC awards RIT grad for anti-telemarketer tech
How often have you sat down to a meal or settled in for time with family or friends only to be interrupted by a prerecorded call from a telemarketer? The Federal Trade Commission is betting it’s happened too many times — and recently awarded $25,000 to a former RIT student for coming up with a […]
44 Exchange: Modern features, vintage style
From the beginning, developer Ben Kendig had a vision for 44 Exchange Blvd. By combining jet-age style with modern amenities, he hopes attract professionals back to live in the city’s core. “Rochester is my town and all cities have had tough times because of populations moving to the suburbs,” he said. To that end, the […]
Label liability
New York Attorney General Eric T. Schneiderman has launched a new strategy to curb abuse of “bath salts” and other designer drugs. The Attorney General’s Office has launched lawsuits against 12 retailers across New York who sell the substances, including the Rochester-based Look Ah Hookah chain. The grounds? Violating New York labeling laws. “We are […]
Number of women judges edges upward
The number of women judges in the United States rose less than one percent in 2012, according to a recently released report by the University of Albany, SUNY. The report found that the number of women serving on state benches rose 0.7 percent to 27.5 percent and actually dropped by 0.1 to 24.1 percent on […]
Future of foreclosure fraud bill uncertain
It seems those hoping to see criminal penalties enacted on lenders engaged in foreclosure fraud will have to wait a while longer. While a bill supported by New York Attorney General Eric Schneiderman passed the Assembly last month, it remained bottled up in the Senate until the close of the regular legislative session. “It’s one […]
Court to rule on Ariz. immigration law
With the U.S. Supreme Court set to rule on Arizona’s controversial law to curb undocumented workers, some experts have been looking ahead to what the decision may mean on a wider level. “If the court strikes down the Arizona law, pressure will increase on Congress to enact comprehensive immigration reform,” said Cornell law professor Stephen […]
AG backs bill to crackdown on foreclosure fraud
Proposed legislation backed by New York Attorney General Eric Schneiderman could impose stiffer penalties against those who engage in fraudulent foreclosure practices. The Foreclosure Fraud Prevention Act of 2012, which was introduced into the New York State Assembly on Wednesday, would define residential mortgage foreclosure fraud as a criminal offense carrying fines and jail time. […]
County to consider cyberbullying legislation
The Monroe County Legislature will consider a new law that could authorize fines of up to $1,000 or a year in jail for those found guilty of cyberbullying. The bill, which cleared the legislature’s Agenda/Charter Committee earlier this month, will go before the full legislature at their May 8 meeting. The fact that bullying is […]
High Court could look at website agreements
The question of whether federal prosecutors should have the power to levy criminal charges against users who violate terms of service agreements of computers will likely receive U.S. Supreme Court review. In U.S. v. David Nosal, the U.S. Court of Appeals for the Ninth Circuit ruled last week against a Department of Justice interpretation of […]
Could violators of Internet agreements be criminally liable?
Should federal prosecutors have the power to levy criminal charges against Internet users who violate the terms of service agreements on a given website? That is one of the questions facing the U.S. House of Representatives, which is considering legislation to narrow the reach of current computer security laws. While arguing against Senate-passed legislation that […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers