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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Facebook Post Lands Teacher in Hot Water

On January 18, 2015, two South Hills High School teachers were arrested for allegedly having sexual relations with students at the beach. According to the Orange County Sherriff’s Department, one of the teachers, Melody Lippert,…more

Adverse Employment Action, Facebook, First Amendment, Protected Activity, Public Schools

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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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Cyber-Bullies Charged With Distributing Child Pornography In Canada

In April 2013, Rehtaeh Parsons died after her parents took her off life support following a suicide attempt after months of enduring cyber bullying. The harassment was the result of a photo depicting Parsons allegedly being…more

Bullying, Canada, Child Pornography, Criminal Prosecution, Cyberbullying

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New FLSA Regulations Set to be Released in First Quarter of 2015 Likely to Change America’s Overtime Pay Landscape

In March 2014, President Obama issued an Executive Order directing the Secretary of Labor to “update and modernize” the overtime exemption rules under the Fair Labor Standards Act (FLSA), (the “Act”), 29 U.S.C. 201 et seq., a…more

DOL, Exempt-Employees, FLSA, Popular, Proposed Amendments

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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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U.S. Department of Education Promulgates Final Regulations Implementing Recent Clery Act Amendments

The U.S. Department of Education has issued final regulations implementing changes made to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“the Clery Act”) by Section 304 of the Violence…more

Clery Act, Colleges, Department of Education, Rape, Sexual Assault

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Registration with ICANN’s Trademark Clearinghouse a Necessity for Securing a “.college” Domain during the Upcoming Sunrise Period

The “.college” top-level Internet domain will soon be available to institutions of higher education (“IHEs”). IHEs with federally registered trademarks can take advantage of the upcoming “Sunrise Period” and secure their…more

Colleges, Domain Names, Educational Institutions, gTLD, ICANN

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Financial Advisors Advance Their Cause for Overtime Pay

According to Judge Frank Maas of the U.S. District Court for the Southern District of New York, the first step was taken in the settlement process between Merrill Lynch & Co. and over 500 field financial advisors. Recently he…more

Merrill Lynch, Over-Time, Unpaid Overtime, Wage and Hour, Wages

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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, CEFIA, 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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Federal and State Governments Respond to Recent Data Breaches and Propose New Cybersecurity Laws

Over the past few months, major retailers and Internet content providers, like Target and Sony, have been victims of massive cyber-attacks resulting in the release of customer credit card data, private corporate e-mails, and…more

Cybersecurity, Data Breach, Legislative Agendas, Popular, Proposed Legislation

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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, Prior Will

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Supreme Court to Hear Case Deciding the Rights of Spousal Loan Guarantors under the Equal Credit Opportunity Act

The United States Supreme Court will soon hear a case that will determine the rights of spousal guarantors under the Equal Credit Opportunity Act (“ECOA”), and ultimately whether creditors may require spousal guarantors on…more

Commercial Loans, ECOA, Guarantors, Real Estate Development, Regulation B

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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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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, CEFIA, Clean Tech, Green Banks, Public-Private Partnerships

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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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