Cullen and Dykman LLP

Law Firms And Cloud Computing

The term “cloud computing” has been tossed about as the new trend in IT. Unfortunately, just as often has you hear the term echoed as the “next big thing” a comprehensible definition rarely follows. So what is cloud computing?…more

Attorney-Client Privilege, Cloud Computing, Confidentiality Agreements, Ethics

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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, Goods

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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

Bitcoins, 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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U.S. Supreme Court Set to Rehear University of Texas Affirmative Action Case

Recently, the U.S. Supreme Court announced it would revisit Fisher v. Texas, the affirmative action case it initially heard in 2013.  The first time it heard the case, the Court remanded the case to the lower court to determine…more

Affirmative Action, Colleges, Educational Institutions, Equal Protection, Fisher v University of Texas

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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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Plaintiff’s Vacation to Hawaii was a Nightmare, or not?

What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery laws,…more

Evidence, Hotels, Marriott, Slip and Fall, Spoliation

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NY PSC Acts on Energy Highway Initiative

New York’s “Energy Highway” continues to move forward. On October 22, 2012, the Energy Highway Task Force presented Governor Andrew Cuomo with its New York Energy Highway Blueprint (Blueprint), a comprehensive plan to upgrade…more

Energy Policy, Highways, Private Investment Funds, Renewable Energy

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“Enough is Enough” Legislation Becomes Law: New York Education Law Article 129-B Establishes New Requirements for New York State Colleges’ and Universities’ Responses to Reports of Sexual Misconduct

On July 7, 2015, New York Governor Andrew Cuomo signed into law legislation that will, once again, change the way public and private colleges and universities in New York (“higher education institutions”) must respond to reports…more

Clery Act, Colleges, Compliance, Educational Institutions, Gender-Based Violence

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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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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

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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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IRS Adopts Final Regulations On Reporting Mortgage Insurance Premium Payments

The Internal Revenue Service (“IRS”) has issued final regulations requiring financial institutions and other persons who receive mortgage insurance premiums aggregating $600 or more during calendar year 2013 to report such…more

IRS, Mortgage Insurance Fund, Mortgages, Premiums, Reporting Requirements

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

On April 21, 2014, the United States Army Corps of Engineers and the Environmental Protection Agency (collectively the “Agencies”) released a proposed rule to define the scope of waters protected under the Clean Water Act…more

Clean Water Act, Environmental Policies, EPA, US Army Corps of Engineers, Water

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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, FFIEC, FHA, 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, Goods

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New York State DFS Issues Guidelines to Financial Institutions on the Prevention of Elder Financial Exploitation

On February 26, 2015, the New York State Department of Financial Services (“DFS”) issued guidance to financial institutions doing business in New York State on the prevention of elder financial exploitation. The guidance…more

Banking Sector, Elder Abuse, Financial Institutions, New Guidance, NYDFS

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Court Seeks Reasoned Explanation From NLRB

The U.S. Court of Appeals for the D.C. Circuit recently remanded a decision by the National Labor Relations Board (the “Board”) that found an employer had violated the National Labor Relations Act by ordering an employee to…more

Dress Codes, Medco Health Solutions, NLRA, NLRB, Pharmaceutical

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Second Circuit holds that the Affordable Care Act does not violate the Religious Freedom Restoration Act

On August 7, 2015, in Catholic Health Care System v. Burwell, the Second Circuit Court of Appeals held that the Religious Freedom Restoration Act (“RFRA”) is not violated by certain regulations promulgated under the Affordable…more

Affordable Care Act, Contraceptive Coverage Mandate, Contraceptives, DOL, Employee Benefits

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Ninth Circuit Issues Stay in O’Bannon Antitrust Lawsuit

Recently, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) granted the National Collegiate Athletic Association’s (the “NCAA”) request for a stay of a federal judge’s ruling that makes it illegal for the…more

Basketball, Football, Gender Equity, Name and Likeness, NCAA

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The Fine Art of Disinheritance: Drafting in Contemplation of Probate Contests

In This Publication: I. Introduction II. Planning Techniques and Warning Signs 1. The in terrorem Clause, EPTL 3-3.5 and SCPA 1404 2. Matter of Singer and the new statutes 3. Explaining the Reasons…more

Inter Vivos Gifts, Intestacy

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Appellate Court Provides Guidance for Determining Whether a Credit Transaction is Subject to TILA

The Truth-In-Lending Act (“TILA” or the “Act”) governs consumer credit transactions, which are defined as transactions in which (1) credit is offered or extended to a natural person, and (2) the money, property, or services that…more

Banking Sector, Banks, Consumer Lenders, Financial Sector, Secured Loans

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What is a Trademark Squatter?

Imagine that you own a U.S. based brand that you have diligently registered with the U.S. Patent and Trademark Office. As you watch your domestic sales skyrocket you begin to realize that overseas markets hold unique…more

Brazil, China, Cuba, First-to-File, Foreign Trademark

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

On April 21, 2014, the United States Army Corps of Engineers and the Environmental Protection Agency (collectively the “Agencies”) released a proposed rule to define the scope of waters protected under the Clean Water Act…more

Clean Water Act, Environmental Policies, EPA, US Army Corps of Engineers, Water

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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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Court Announces Stricter Standard Of Proof In Retaliation Cases Under Title VII

The Supreme Court has tightened the legal standards for plaintiffs claiming retaliation for employment discrimination complaints in University of Texas Southwestern Medical Center v. Nassar (Docket No. 12–484). The Court held…more

Civil Rights Act, Discrimination, Retaliation, Standard of Proof, Title VII

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U.S. Supreme Court Reinstates Rule that Mortgage Loan Officers Are Not Exempt From Overtime Laws

On March 9, 2015, the United States Supreme Court decided an important case for financial institutions concerning the treatment of Mortgage Loan Officers ("MLO's") under the Fair Labor Standards Act ("FLSA"). The general rule…more

Administrative Procedure Act, DOL, FLSA, Mortgage Loan Officer, Notice and Comment

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The B&B Hardware Case and its Potential Impact on Trademark Litigation

Trademark disputes can often play out in a number of forums. Trademark disputes often start off in the marketplace, with a confused consumer, and then proceed to litigation in several tribunals including the Trademark Trial and…more

Article III, B&B Hardware v Hargis Industries, De Novo Standard of Review, Issue Preclusion, Lanham Act

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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
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Immigration Law
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • New Jersey
  • New York
Number of Attorneys

100+ Attorneys

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