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Author Archives: Special to The Daily Record

Real Estate Law: Is your non-binding letter of intent actually binding?

Early in commercial real estate transactions, parties will often seek to agree on the primary terms of the proposed deal to determine if they are “close enough” to justify the time and money required to pursue due diligence and negotiate ...

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Advocate’s View: Ready or not: Workforce diversity now mandatory for state construction contracts

Contractors doing business with New York State have become accustomed to their legal obligation to subcontract a percentage of the work to certified minority-owned businesses (MBE) and woman-owned businesses (WBE). So it was no surprise that the requirement was reauthorized ...

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IP Frontiers: Patent rights issues regarding the 2018 Changes to the Bayh-Dole Act

Any person or organization that has accepted government funds for research and development has been touched by the Bayh-Dole Act. Bayh-Dole addresses the rights to inventions made in the performance of federally funded agreements and is implemented by title 37 ...

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Money Management: Time for your physical exam!

Most people can’t resist checking on the value of their investment portfolio when times are sunny and when times are bleak. Both times set an unrealistic long term view. Portfolios don’t always keep going up and they don’t always keep ...

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Elizabeth Jennings – New York’s hero a century before Rosa Parks

An African-American woman takes a seat on “white-only” streetcar in New York City. The conductor throws her off. Two newspaper editors — one from Rochester — rally to her cause. A young lawyer takes her case and wins her the ...

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Company valuables include often hard to define trade secrets

Corporate trade secrets are an important part of a company’s intellectual property, but they can often be overlooked, says Jeffrey Allen. “Trade secrets are like the little brothers at the kids table at Thanksgiving,” says Allen, a member at Bond, ...

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Jury was right to exonerate high school baseball coach

As I read the story the other day about the New Jersey junior varsity high school baseball coach who was sued for telling a kid to slide, shivers shot up my spine. I thought back to all those times as ...

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IP Frontiers: What constitutes patentable subject matter, again

The United States Patent and Trademark Office (USPTO) and the courts have had difficulty determining whether computer, software and diagnostic method inventions qualify as patentable subject matter. Now, the Court of Appeals for the Federal Circuit (“CAFC”) has expanded the ...

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Celebrate National Adoption Day in Monroe County

As a Family Court Judge, I have the privilege of co-chairing Monroe County’s celebration of National Adoption Day on November 22, 2019. National Adoption Day represents a day of promise and hope for nearly three thousand New York children in ...

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WESTERN DISTRICT CASE NOTES

This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission. Standing and Fed. R. Civ. P. 23.1 In Cellino & Barnes, P.C. v. Cellino & Cellino, LLP, ...

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Fraud Facts: A new form of theft — Synthetic Identity Fraud

The technology crime wave is a story as old as crime. Prior to our everyday use of computers and the internet, fraud was committed face-to-face. Fraudsters were capable of gaining enough information about an individual to essentially start a new ...

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