by Gary Nissenbaum | Jun 11, 2012 | Business Lawsuit Blog
In January 2010, the New York legislature enacted Insurance Law § 3224(a) (“Prompt Pay Law”) to ensure that insurance companies paid their claims in a timely fashion. However, it was not clear whether the statute granted a party a private right of action. In a recent...
by Gary Nissenbaum | Jun 11, 2012 | Business Formation & Sales Law Blog
What constitutes improper solicitation of a customer of a former employer? That was the question before the New York Court of Appeals in a 2011 case. Bessemer Trust Co., N.A. v. Branin, 2011 NY Slip Op 3307 (2011). The plaintiff,...
by Gary Nissenbaum | Jun 11, 2012 | Internet Picture Removal Law Blog
The requirements of 18 U.S.C. §2257 (“2257”) impose certain record-keeping obligations on the producers of sexually explicit material. The constitutionality of the statute has been challenged in recent years, but courts have usually indicated that 2257 is...
by Gary Nissenbaum | Apr 18, 2012 | Internet Law Blog
Better equipment, more health-conscious athletes and upgrades in technology have led many to believe that sports are safer today than in the past. But to what degree do athletes assume the risk of injury when they engage in sporting events? That was the question...
by Gary Nissenbaum | Apr 18, 2012 | Construction & Commercial Real Estate Law Blog
May contractors limit their responsibility for paying another party’s legal fees in situations where that other party’s fault precipitates the cause of action? Recent court decisions suggest that, if the contractor has a narrow indemnification clause in his contract,...