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Labor Law §240(1): What is a Permanent Staircase?
When an injury occurs on or as a result of a permanent staircase, there is a marked split in the case law of the First and Second Appellate Departments, who have reached starkly different conclusions on the issue of whether a permanent stairway is an elevated work platform or safety device protected under §240(1).
Is Invasion of Privacy an Appropriate Analogue for Data Breach Cases?
The authors examine whether invasion of privacy torts—intentional torts—are actually analogous to data breaches where claims sound in negligence and the alleged harm may be a risk of future identity theft, rather than embarrassment or other dignitary harms. The diverging approaches of lower courts in addressing this question suggests a struggle with applying historical tradition to these novel data privacy claims.
‘Polaroid’ Developments in the Digital World: Court Examines Trademark Infringement in Social Media
A recent decision from Judge J. Paul Oetken of the Southern District of New York undertakes a detailed analysis of the ‘Polaroid’ factors in assessing the potential for customer confusion, and provides some interesting insight.
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