Litigation Archives - Romano Law


Category: Litigation

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New York’s Anti-SLAPP Statute Packs a Punch

In November 2020, New York expanded its free speech protections through a new anti-SLAPP law.  The statute seeks to deter lawsuits against parties who speak out on an issue of public interest when the purpose of the suit is to discourage individuals from exercising their First Amendment rights.  Both sides should pay careful attention to

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Can I Sue for Defamation?

Defamation claims are based on the facts and circumstances surrounding a published false statement of fact.  If there is a true case of defamation, and you or your business were damaged as a result, then those damages can be compensable through a successful civil lawsuit.  However, not all disparaging statements result in liability, and claims

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When Can You Legally Record a Conversation in California?

Sometimes when parties have a dispute, one of them may seek to record the other person to obtain evidence relevant to the disagreement.  However, federal and state laws vary as to the legality of recording a person without their consent.  For instance, states like Florida are much more restrictive than New York and New Jersey.

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Can You Legally Record a Conversation in Florida?

Recording a conversation is easy these days – but not a simple matter.  Cellphones have recording capabilities and there is a wide array of electronic devices for recording available for purchase.  Using these features can raise legal concerns, particularly in Florida which has stricter privacy laws than most states.  If you do not understand the

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New U.S. Supreme Court Decision Explained: Unicolors v. H&M

Last week, in Unicolors v. H&M, the Supreme Court held that the Copyright Act’s safe harbor provision, found at 17 U.S.C. § 411(b)(1)(A), did not distinguish between a mistake of law and a mistake of fact.  Thus, the lack of either factual or legal knowledge by a copyright applicant can excuse inaccurate information in a

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The Sneaker Wars Come to an End: Takeaways from the Nike and Skechers Settlement

The worth of the sneaker industry reached around $81 billion in 2021 and it continues to climb.  While gross profits across the industry are high, overhead and market competition is even higher.  This competitive market has naturally fostered tension and even litigation as the endless drive to produce new sneaker designs continues.  After a five-year

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Understanding the Relationship Between Artists and Art Dealers

New York law has long recognized the need to protect artists in their dealings with art dealers (also known as art merchants) in order to foster the arts as a vital resource in the State. However, art dealers and artists are often confused about the dealer’s responsibilities as well as the terms required in consignment agreements. Art

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Could Your Website Be Liable for Online Defamation?

In recent years, there has been a flood of criticism directed at websites that publish objectionable content from third parties. Examples include social media sites that allow “fake news” and false political ads and websites that host proponents of mass shootings and white supremacy. But there are everyday examples of the damage done by people

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Age Discrimination in Employment

Many people think of age discrimination as only affecting the elderly. However, the age at which an employee is protected from discrimination impacts a significant portion of the working population under federal law.  New York law takes a step further safeguarding most employees regardless of age.  The best way to minimize age discrimination claims is to understand

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