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September 22, 2014 |

Pleading Demand Futility: He Who Does Not Hesitate Is Lost

Alexander D. Widell writes that a books and records demand can provide a specialized shareholder law firm with access to the information it needs to adequately plead "demand futility" and defeat a motion to dismiss a derivative lawsuit. Unfortunately, because of the potential for significant legal fees, such firms often race to the courthouse upon the announcement of a government investigation without investigating whether a pre-suit demand on the board of directors is excused as futile.
11 minute read
August 14, 2014 |

Fair Housing Decision Tests Previous Notion of Standing

Robert L. Schonfeld writes that while contrary to traditional notions of standing, persons and entities not within a protected class have standing to challenge discriminatory housing practices under the Fair Housing Act. A recent Second Circuit decision demonstrates the strength of that statute.
9 minute read
August 04, 2014 |

Intellectual Property

In this Special Report from the New York Law Journal: "Beyond Patents: 3D Printing and IP," "Patent Act Fee Shifting Decisions Focus on Discretion, Deference," "Patent Indefiniteness After 'Nautilus'" and "Using General Liability Insurance Policies to Cover IP Claims."
2 minute read
August 04, 2014 |

Using General Liability Insurance Policies to Cover IP Claims

Alan S. Hock, a partner at Moritt Hock & Hamroff, writes: Under the coverage provisions in standard comprehensive general liability insurance policies, there is often coverage for what is known as "Advertising Injury." Coverage for Advertising Injury often exists with respect to claims made against the insured for copyright infringement, trademark and trade dress (product design and packaging) infringement and sometimes for patent infringement as well. Although this coverage is of critical importance, its very existence often comes as a surprise to those business executives who need it most and often to their counsel as well.
12 minute read
August 01, 2014 |

Personal Notes on Lawyers

Five firms announce new additions, including Jason Halper joining Orrick, Herrington & Sutcliffe as co-head of its financial institution litigation practice.
1 minute read
July 07, 2014 |

Protecting Attorney Proffer Notes From Discovery

Randy Zelin, a partner at Moritt Hock & Hamroff, writes: There are specific ways in which a lawyer can actually maximize the odds that his or her notes from a proffer session will be viewed by the court as an "attorney work product" and therefore will not be discoverable.
7 minute read
July 07, 2014 |

White-Collar Crime

In this Special Report from the New York Law Journal: "Health Care Fraud: What's Intent Got to Do With It?" "'Newman' Addresses Divisive Insider Trading Question," "Protecting Attorney Proffer Notes From Discovery" and "Failure to Mitigate Damages as a Defense in Mortgage Fraud Cases."
2 minute read
Homeopet LLC, Plaintiff v. Speed Laboratory, Inc., Defendant, 14-CV-663
Publication Date: 2014-06-23
Practice Area: Contracts
Industry:
Court: U.S. District Court, Eastern District
Judge: District Judge Joseph F. Bianco
Attorneys:
For plaintiff: Plaintiff is represented by Stephen Eric Turman and Robert Michael Tils of Moritt Hock Homroff & Horowitz, Garden City, NY.
For defendant: Defendant is represented by William Roche Bronner of William R. Bronner Attorney at Law, Brooklyn, NY. Dorothy Rosenberger of O'Kelley & Sorohan, Attorneys at Law, LLC, Deluth, GA. Robert Wildstein of Bodker Ramsey Andrews Winograd & Wildstein, P.C., One Securities Centre, Atlanta, GA.
Case number: 14-CV-663

Cite as: Homeopet LLC v. Speed Laboratory, Inc., 14-CV-663, NYLJ 1202660187747, at *1 (EDNY, Decided June 11, 2014) 14-CV-663 District Judge Josep

June 06, 2014 |

U.S. Sues Tax Lawyer to Block Promotion of Bogus Shelters

Harold Levine, the head of Moritt Hock & Hamroff's tax practice group, has been sued by federal authorities to block his promotion of abusive tax shelters like the ones he allegedly promoted while chairing the tax practice group at Herrick Feinstein.
3 minute read

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