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Recent Articles from Special to The Daily Record
The difficulties of protecting cannabis and related intellectual property | IP Frontiers
The legalization and decriminalization of cannabis for medical and recreational uses has continued to expand across the United States in recent years. As of the date of this publication, 38 states now permit medical use of cannabis, and recreational use has been legalized in 23 states and the District of Columbia. The federal government has […]
Facilitating Personal and Professional Connections: a Strength of the Monroe County Bar Association | MCBA President’s Message
One repeating theme I have heard from members throughout my years of involvement with the MCBA is that the association’s social gatherings and networking events are key to making the MCBA a vibrant and relevant association as we look ahead to the future. I couldn’t agree more. Rochester is one of the most collegial and […]
New York’s mandatory nurse overtime law amendments take effect
Significant amendments to New York law regarding mandatory overtime for nurses took effect on June 28, 2023. The changes resulted from New York Assembly Bill 970 / Senate Bill 850, which Governor Hochul signed in March, amending Section 167 of the Labor Law. The legislation involved a “chapter amendment” modifying a bill previously signed by […]
Navigating electronic discovery: Preparation and evaluation
You will be hard pressed today to find someone who does not have an electronic footprint. Whether it’s email, social media, bank accounts, or simply owning a smartphone, almost every person creates an electronic trail. Knowing that these trails exist is crucial to any comprehensive litigation discovery plan, especially if electronically stored information (“ESI”) is […]
Adopting generative AI? Know your rights and responsibilities
Tim Mason, CEO of Penfield-based Mason Marketing LLC, receives emails peddling Artificial Intelligence (AI) software and services almost daily. “It’s the hottest topic on the market over the past few months,” said Mason, about generative AI in particular, which made its public debut in November 2022 with the release of OpenAI’s deep learning chatbot ChatGPT. […]
The uncertainty of obviousness: Some strategies moving forward | IP Frontiers
When the Supreme Court eliminated the “teaching-suggestion-motivation” test in KSR International Co. v. Teleflex Inc., it also eliminated the certainty regarding what is obvious and what is not obvious. This issue is particularly prevalent when an Examiner pens an Office Action that combines 6-8 references and uses this combination to reject an independent claim of […]
MCBA’s role as a forum for timely education and discussions in the legal community
Do you know everything the Monroe County Bar Association does and offers to its members and our legal community? I suspect the answer is no, at least it was for me before I became involved at the leadership level. I want to change that. My main goal this year is to share all the many […]
What the expansion of the CAURD program means for the NYS cannabis industry
In March, the New York State Office of Cannabis Management (OCM) announced the expansion of the conditional adult-use retail dispensaries (CAURD) program, doubling the anticipated 150 business licenses for dispensaries in New York to 300. This is welcome news for many who either missed the original deadline to file for a CAURD license or were […]
The duty of disclosure — what it is, how and when to satisfy it | IP Frontiers
Under U.S. law (i.e., 37 CFR § 1.56) each and every individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the United States Patent and Trademark Office (USPTO). This includes a duty to disclose to the USPTO all information known to that […]
Practical considerations for remote depositions | Insurance and Injury Corner
Under both federal and New York civil procedure rules, remote depositions are permitted either by stipulation or by order, but in-person depositions are the default. Until the Covid-19 pandemic of 2020, remote depositions remained rare for most attorneys.[1] Covid changed that. Remote depositions offer their own set of challenges and issues to think through, but […]
Text message productions: Chart a viable path | eDiscovery Update
Text messages have been with us for some time, yet the courts and legal profession continue to grapple with how they should be produced in litigation. The lack of universally accepted standards might seem like a trap. But with some general principles as your guide, you should be able to chart a viable path through […]
Supreme Court rejects effort to narrow scope of False Claims Act liability | White Collar Corner
On June 1, 2023, the Supreme Court issued a unanimous decision in United States ex rel. Schutte v. SuperValu Inc., rejecting efforts to redefine the knowledge prong of the False Claims Act to disregard a defendant’s subjective knowledge or belief. The decision will have far-reaching impacts for companies dealing with ambiguous regulatory regimes or government […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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