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Streaming and Licensing Live Theatre

COVID-19’s Impact on Theatre and Theatre Workers As some industries inch toward normalcy amidst the pandemic, one industry that may be irrevocably changed by COVID is live theatre.  With the Broadway shutdown extended until at least May 2020, creators, producers and theatre professionals have tried to find inventive ways to monetize their work and keep

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Knockoffs, Infringing Products and Counterfeits

Walking down the streets of New York City (pre-pandemic) you were bound to encounter vendors selling fake designer bags or products.  Since the pandemic, the online marketplace for these goods has surged.  It is now easy to find third-party vendors selling fake, defective or counterfeit goods.  Now, more than ever, it is important for designers

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Considerations When Selecting A Brand

You are launching a new company, product or service and need a brand name.  There are many factors to consider when selecting a brand name. One factor that you may not have weighed is the ease by which you can trademark a brand name and how much legal protection that name would receive if others

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How the New SEC Expansion of “Accredited Investors” and “Qualified Institutional Buyers” Affect You

On August 26, 2020, The Securities and Exchange Commission (“SEC”) revised Rule 501(a), Rule 215, and Rule 144A of the Securities Act to broaden the definition of “accredited investor” and “qualified institutional buyer.”  These amendments come into effect October 27, 2020. Historically, the SEC has heavily regulated the sale or offering of unregistered securities.  It

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Banning the Box: Enforcing Fair-Chance Employment Policies

You may have encountered the box on a job application that asks you to indicate whether or not you have ever been convicted of a crime, incarcerated or arrested.  That question is now illegal in a majority of U.S. states and localities. What Does Ban-the-Box Mean? “Ban-the-box” refers to removing the box on job applications that

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What Are COVID Liability Waivers?

Liability waivers are documents businesses may choose to have their clients, customers and/or patrons sign.  They generally state that patrons will not bring a lawsuit against the business in the event they receive personal injury, including illness, from entering the business establishment or participating in a service the business provides. In light of the COVID-19

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The Basics of ADA Compliance in New York

Recently, a wave of litigants in New York have commenced lawsuits, pursuant to the Americans with Disabilities Act (“ADA”), alleging that a company’s failure to provide Braille on gift cards violates the ADA. While businesses may be familiar with the basics of ADA compliance, this new litigation may come as a surprise. The ADA prohibits

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Are You Being Misclassified as an Independent Contractor?

Surveys show that the gig economy encompasses anywhere from 7% to 35% of the U.S. workforce. Whether someone works as an independent contractor by choice or because of a lack of alternatives, it is important that he/she is properly classified as one under federal and state law to avoid legal problems. If you are working for a business and

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UCC Remedies for Breach of a Contract

When parties enter into a contract for the purchase and sales of goods, different rules may apply than for other types of contracts. The Uniform Commercial Code (UCC) was developed to try to standardize state laws with respect to certain types of transactions. All states have adopted some, but not necessarily all, of the UCC

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Can You Trademark a Domain Name?

Your domain name may be an essential part of your brand.  Among the millions of domain names out there, it can be difficult to establish your web address as part of your business identity. In simplest terms, a domain name is your website name and the unique address where Internet users can access your website. This

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