Cullen and Dykman LLP

New York State Proposes New Cybersecurity Regulation

The New York State Department of Financial Services (“DFS”) has proposed a new regulation imposing significant new cybersecurity requirements on banks, insurance companies, and other financial services institutions regulated by…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Insurance, Science, Computers, & Technology

Federal Court Finds Depository Bank Not Liable to Third Party for Mobile Remote Deposit Capture Fraud

A recent federal court case in Illinois has addressed whether a depository bank can be held liable for negligence when its customer deposits a check by mobile remote deposit capture, and the bank fails to prevent the customer…more
| Civil Procedure, Communications & Media Law, Conflict of Laws, Labor & Employment Law, Finance & Banking

NCAA Faces New Class-Action Concussion-Related Lawsuits

The National Collegiate Athletic Association (“NCAA”) was hit with seven new concussion-related class action lawsuits on August 31, 2016. The new lawsuits increase the total number of lawsuits filed since May 2016 to 22 across…more
| Civil Procedure, Education, Health, Personal Injury

Agencies Provide Information on Self-Assessments for Diversity Policies and Practices

The federal banking agencies (the “Agencies”) have provided information explaining how regulated financial institutions may begin to submit self-assessments of their diversity policies and practices as of year-end 2015. The…more
| Civil Rights, Commercial Law & Contracts, Finance & Banking

U.S. Supreme Court Blocks Order Allowing Transgender Restroom Choice

On August 3, 2016, amidst national debate over transgender rights, the United States Supreme Court temporarily blocked a court order that had allowed a transgender student to use the boys’ restrooms in a Virginia high school…more
| Civil Procedure, Civil Rights, Education

Getty Images Sued for Allegedly Seeking Licensing Fees for Photographs Available for Free Public Use

Getty Images, a well-known stock photo agency used by many news and publishing outlets, has been sued in the Southern District of New York for allegedly seeking licensing fees from individuals and corporations for the use of…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Federal Judge Dismisses Defamation Suit Against Rolling Stone After Discredited University of Virginia Profile

A New York federal judge recently granted a motion to dismiss a defamation lawsuit against Rolling Stone magazine, its publisher Wenner Media, and journalist Sabrina Rubin Erdely. Three former University of Virginia (“UVA”)…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Education, Personal Injury

Supreme Court Upholds University of Texas Race-Conscious Admissions Program

In a long-awaited decision, the Supreme Court recently furnished a victory for affirmative action admissions programs. The 4-3 decision in Fisher v. University of Texas at Austin, written by Justice Kennedy, declared that the…more
| Civil Procedure, Civil Rights, Education

Don’t Be Unreasonable: U.S. Supreme Court Sets the Standard for Awarding Attorneys’ Fees in Copyright Cases

You have just received a cease and desist letter related to something that was posted on your company’s website.  Some person that you’ve never heard of before is threatening to sue you for thousands of dollars for copyright…more
| Civil Procedure, Civil Remedies, Intellectual Property

Uber and Lyft Drivers Bring Class Action against Companies’ Terminating Services in Austin

Drivers for Uber Technologies Inc. and Lyft Inc. filed two proposed class actions in California on June 9, 2016, after the companies suddenly removed their services from Austin, Texas following new regulations…more
| Civil Procedure, Civil Rights, Communications & Media Law, Transportation

Former Yale Basketball Captain Sues University Over Sexual Misconduct Expulsion

Jack Montague, who was expelled from Yale University earlier this year following his involvement in an alleged sexual assault, recently filed a lawsuit against the University for allegedly mishandling the investigation and his…more
| Civil Procedure, Civil Rights, Education

New York State Department of Education Publishes New Filing Guidance on Section 129-B Policies

Below is an update that the New York State Education Department (“NYSED”) posted on its website on June 16th regarding the Certificate of Compliance required to be filed under Article 129-B with the NYSED by July 1, 2016, along…more
| Civil Rights, Commercial Law & Contracts, Education

Second Circuit Reinforces the Scope of the Digital Millennium Copyright Act’s Safe Harbor Provision

In Capitol Records LLC v. Vimeo, LLC, the Second Circuit issued a decision clarifying the Digital Millennium Copyright Act’s (“DMCA”) safe harbor provision, which protects certain Internet service providers from liability for…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

CFPB Is Urged to Change How Title Insurance Premiums Are Disclosed Under the TRID Rule

While lenders continue to struggle with various aspects of the TILA-RESPA Integrated Disclosure Rule (“TRID Rule”) that became effective last year, one of the more troublesome issues has been the disclosure of title insurance…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection, Insurance, Real Estate - Residential

The EEOC Calls for Federal Judge to Continue with Sexual Orientation Discrimination Case

The Equal Employment Opportunity Commission (“EEOC”) asked U.S. District Court Judge Cathy Bissoon in the Western District of Pennsylvania to reject a motion to dismiss in a lawsuit alleging a worker was discriminated against on…more
| Civil Rights, Labor & Employment Law
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