Cullen and Dykman LLP

In Addition To Natural Gas Providers And Water Providers, Bankruptcy Courts Are Now Allowing Electricity Providers To Claim Administrative Expense Status Under Section 503(b)(9) Of The Bankruptcy Code

Recent case law may allow electricity providers to benefit from a payment priority for the value of electricity provided to a bankrupt debtor during the twenty (20) days preceding the date of the debtor’s bankruptcy filing (the…more

Administrative Priority, Creditors, Debtors, Electricity, Natural Gas

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AT&T Was Right in Banning Employee “Prisoner” T-shirts

The U.S. Court of Appeals for the District of Columbia recently ruled that AT&T had a right to forbid its employees, when interacting with the public, from wearing t-shirts that the company reasonably believed could harm its…more

AT&T, Dress Codes, Employment Policies, NLRA, NLRB

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The NYS Department of Financial Services Throws in Its “Two Bits” on Bitcoins

On July 17, 2014, New York State’s Department of Financial Services (“DFS”) announced proposed regulations for virtual currency companies operating in New York. Because the leading virtual currency is known as “Bitcoin,” the…more

Bitcoin, Department of Financial Services, Virtual Currency

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Trademark Tacking: An Overview

On January 21, 2015, in the case Hana Financial, Inc. v. Hana Bank, the United States Supreme Court determined that, when there is a question as to whether two trademarks can be tacked for purposes of determining priority, that…more

Hana Bank, Hana Financial, Hana Financial v Hana Bank, Tacking, Trademark Litigation

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Article 129-B Deadlines Are Approaching

As you may already be aware, institutions must file a certificate of compliance with the provisions of Article 129-B with the New York State Education Department, by July 1, 2016. In addition, by July 1, 2016, and once every ten…more

Article 129-B, Audits, Clery Act, Educational Institutions, Filing Requirements

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Recent Albany County Supreme Court Decision Calls into Question the New York State Public Service Commission’s Framework for Making Trade Secret Determinations

An Albany County Supreme Court decision issued on July 31, 2014 calls into question the New York State Public Service Commission’s (“Commission”) analytical framework for making trade secret determinations. While the Commission…more

Comcast, Patents, Technology, Time Warner Cable, Trade Secrets

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Nassau County's New "Disputed Assessment Fund" is Likely to Raise Tax Rates

Commercial property owners in Nassau County take note: tax rates for your properties are likely to increase. For years, when property owners successfully challenged their real property assessments in Nassau County, the…more

Commercial Property Owners, Commercial Real Estate Market, Fee Disputes, Property Tax, Tax Assessment

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Securing a “.bank” Domain during the Upcoming Sunrise Period

The “.bank” top-level Internet domain will soon be available to verified financial institutions, offering specialized URLs and enhanced security features to members of the banking community that act quickly to secure their…more

Banks, Domain Names, gTLD, ICANN, Sunrise Periods

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Recent Amendments to the Nonprofit Revitalization Act of 2013

On October 26, 2015 and December 11, 2015, Governor Cuomo signed into law certain clarifying amendments (the “Amendments”) to the provisions of the New York Not-For-Profit Corporation Law that were enacted as part of the…more

Conflicts of Interest, Corporate Governance, Independent Director, Non-Profits, Whistleblowers

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Protecting Your Trademark from “.sucks” and “.porn”

Thousands of new generic top-level Internet domains (“gTLDs”) are opening up for registration. While many of these new gTLDs provide marketing opportunities for companies and other entities—for example, financial institutions…more

Brand, Domain Names, gTLD, ICANN, Popular

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Gov. Cuomo Establishes Green Bank In New York State

In his State of the State address, Gov. Cuomo announced the formation of a green bank in New York. The green bank will be a $1 billion initiative used to promote financing for clean energy projects. Promoting clean energy and…more

Andrew Cuomo, Clean Tech, Green Banks, Public Private Partnerships (P3s)

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Pursuit of a “Smoking Gun” May Be a Recipe for Disaster

In the U.S District Court for the Northern District of Illinois, Judge Matthew F. Kennelly recently held that plaintiffs alleging price-fixing in the text messaging market were not entitled to an adverse inference after failing…more

Adverse Inference Instructions, AT&T, Bad Faith, Price-Fixing, Sherman Act

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Recent Amendments to the Nonprofit Revitalization Act of 2013

On October 26, 2015 and December 11, 2015, Governor Cuomo signed into law certain clarifying amendments (the “Amendments”) to the provisions of the New York Not-For-Profit Corporation Law that were enacted as part of the…more

Conflicts of Interest, Corporate Governance, Independent Director, Non-Profits, Whistleblowers

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U.S. Environmental Protection Agency and U.S. Army Corps of Engineers Issue Final Rule Defining “Waters of the United States” Under the Clean Water Act

On May 27, 2015, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corp of Engineers (collectively, the “Agencies”) issued a final rule defining “Waters of the United States” (“WOTUS”) under the Clean Water Act…more

Administrative Procedure Act, Clean Water Act, Environmental Policies, EPA, Federal Jurisdiction

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FFIEC Releases Final Guidance For Financial Institutions Using Social Media

The Federal Financial Institutions Examination Council (the “FFIEC”) has released final guidance addressing the applicability of federal consumer protection and compliance laws, regulations, and policies to activities conducted…more

Banks, Compliance, Fair Housing Act (FHA), FFIEC, Regulation DD

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In Addition To Natural Gas Providers And Water Providers, Bankruptcy Courts Are Now Allowing Electricity Providers To Claim Administrative Expense Status Under Section 503(b)(9) Of The Bankruptcy Code

Recent case law may allow electricity providers to benefit from a payment priority for the value of electricity provided to a bankrupt debtor during the twenty (20) days preceding the date of the debtor’s bankruptcy filing (the…more

Administrative Priority, Creditors, Debtors, Electricity, Natural Gas

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Guidance Issued on Applying CIP Requirements to Holders of Prepaid Cards

Federal banking regulators have issued guidance on the applicability of customer identification program (“CIP”) regulations to prepaid cards (the “Interagency Guidance”). Among other things, the Interagency Guidance clarifies…more

Bank Accounts, Bank Service Providers, Banking Regulators, Banking Sector, CIP

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Is Ashley Madison abusing the Digital Millennium Copyright Act in the Wake of Hack?

In July, a group of hackers identifying themselves as the Impact Team took over the computer systems of Avid Life Media (“ALM”), the parent company of the adultery-oriented website Ashley Madison, threatening to release the…more

Adultery, Ashley Madison, Copyright, Copyright Infringement, Cyber Attacks

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U.S. Department of Education and U.S. Department of Justice Issue Dear Colleague Letter Addressing Protections for Transgender Students

On May 13, 2016, the U.S. Department of Justice and the U.S. Department of Education issued a Dear Colleague Letter (the “Letter”) addressing civil rights protections for transgender students under Title IX. The Letter is meant…more

Activist, Dear Colleague Letter, Educational Institutions, Gender Discrimination, Gender Identity

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Interagency Guidance Issued Regarding Deposit Reconciliation Practices

Federal banking agencies have advised financial institutions to adopt deposit reconciliation policies and practices for customer accounts, and to effectively manage the institution’s deposit reconciliation practices to comply…more

Banking Sector, CFPB, Depository Institutions, Dodd-Frank, Expedited Funds Availability Act (EFAA)

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Recent Federal Guidance On Title IX And Sexual Violence

Over the last several weeks, colleges and universities have been inundated with new Title IX and sexual violence guidance and enforcement decisions to digest. First, the U.S. Department of Education’s Office for Civil Rights…more

Colleges, Department of Education, OCR, Rape, Sexual Assault

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Important Changes in Employment Laws in New York State

The State of New York recently adopted two important changes in the law which will impact all employers. Minimum Wage - First, the Legislature approved increases to the minimum wage. While the Federal minimum wage has…more

FMLA, Minimum Wage, New Legislation, Paid Leave, Wage and Hour

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What Your Employees Download Can Cost You Protecting Against Copyright Infringement

Liability for copyright infringement can be a very costly matter. The scary part for businesses is that liability for copyright infringement can arise very easily and often without the knowledge or participation of management. …more

Copyright, Copyright Infringement, Digital Downloads, Employer Liability Issues, Policies and Procedures

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Contact

100 Quentin Roosevelt Blvd
Garden City, NY 11530, United States

  • 516-357-3700
  • 516-296-9155

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Bankruptcy
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
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  • Family Law
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  • Intellectual Property
  • Labor & Employment Law
  • Litigation
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See more
Locations
Other U.S. Locations
  • D.C.
  • New Jersey
  • New York
Number of Attorneys

100+ Attorneys

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