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Legal Bytes: Ninth Circuit rules on the case of the monkey selfie
A cynic in my house once described a selfie as a portrait of a monkey taken by a jackass. For those of you doing more productive things, like rearranging your sock drawer, you might have missed the case of the monkey selfie. That case settled last fall but, on April 23, 2018, the U. S. […]
Legal Bytes: Securing and protecting software code for start-ups
One of the most important issues for a technology start-up company is ensuring that it is adequately securing and protecting its proprietary software code. Securing your software rights A start-up must first be sure that it has secured all rights in any software code that it considers proprietary. The most important step to achieving this […]
Legal Bytes: What you don’t know could hurt you, especially for the unmarried
While married couples may seem to obviously need estate planning services, especially when children arrive, unmarried couples may actually need it more. It’s a pretty well-known fact that when a married spouse passes away, the other will likely inherit a considerable portion of the estate, simply by virtue of the marriage. In the absence of […]
Legal Bytes: State universities and their possible immunity from the Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is one of the most far-reaching, influential pieces of legislation that exists in the United States. As a whole, the ADA is an amazing tool for individuals with disabilities to have their rights protected and respected by all kinds of institutions. However, there is one type of institution that […]
Legal Bytes: Timber! Rights and obligations of landowners and their trees
On what began as a regular Sunday afternoon on Oct.15, Rochester experienced another one of its famous spontaneous whirlwind rain storms. One second, sunshine and blue skies, the next, a wind storm that pulled trees out of the ground and sent branches flying. Its terrible force even caused my home and many others to lose […]
Legal Bytes: Everybody’s a critic—strategies to combat defamatory online reviews
Google processes over 3.5 billion search requests each day. I discovered this information by typing into the Google search bar “How many people use Google search?” If I had typed in a question related to a business, I would find myself looking at the search results .75 seconds later. On the right hand side of […]
Legal Bytes: The top 10 reasons for fair labor standards act violations
Most employees in the U.S. are “W-2” workers, who are paid an hourly wage and are covered by the Fair Labor Standards Act, a federal law enacted in 1938. Because of its broad coverage, the Fair Labor Standards Act applies virtually to all hourly employees and all employers. The FLSA sets minimum standards for minimum […]
Legal Bytes: Municipal Code amended to prevent discrimination on basis of income
On June 20, 2017, the Council of the City of Rochester passed Ordinance No. 2017-163, amending Chapter 63 of the Municipal Code with regard to housing discrimination on the basis of source of income. Rochester area real estate professionals have long had the obligation to act in accordance with the City equal opportunity ordinance, which […]
Legal Bytes: Special estate planning considerations for professionals
Columns and blogs abound offering tips and questions individuals should ask to help you choose the right professional to assist you with your investments, retirement, taxes and legal planning. Check any consumer organization’s website or scroll posts on LinkedIn and you will discover options to evaluate your potential new trusted advisor. Here are a few […]
Legal Bytes: The Turtles’ fight for public performance fees in pre-1972 recordings
There’s a bitter irony that 1960s pop band The Turtles’ biggest hit record, “Happy Together,” was born of a group that in its few years of making records drifted through personnel changes, producers and multiple managers, ultimately disbanding due to fatigue and financial stress. If you enter “Turtles managers” on YouTube you will be treated […]
Legal Bytes: 21st Century Cures Act empowers disabled individuals
On Dec. 13, former President Obama signed into law the 21st Century Cures Act, which incorporated the Special Needs Trust Fairness Act and empowered competent disabled individuals under the age of 65 to establish their own self-settled supplemental needs trusts (SNTs). The new law corrects the false presumption that all individuals with disabilities lack the […]
Legal Bytes: Explaining the taxation of intellectual property
What is considered “intellectual property” for tax purposes? The Internal Revenue Code (the “Code”) has a rather expansive definition of intellectual property, which includes patents, trademarks, copyrights, trade secrets, software, contractual rights, goodwill and covenants not to compete, many of which fall under the definition of “capital asset.” How the Code treats various IP depen[...]
Case Digests
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
- Fourth Department – Slip and fall: Black v. 465 Payne Avenue
- Second Circuit – Misappropriation of trade secrets: Pauwels v. Deloitte
- Fourth Department – Molineux evidence: People v. Anderson
Law News
- N.Y. Court of Appeals reverses murder conviction because of illegal search
- State board approves cannabis lawsuit settlements, paves way for the opening of retail dispensaries
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
- Rochester-area family sues over compromised medical records
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