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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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What You Need to Know About the SHIELD Act in New York

Data breaches occur far too often. As a result, many states are passing laws that impose stricter cybersecurity obligations on businesses. New York recently became one of those states with the “Stop Hacks and Improve Electronic Data Security” (SHIELD) Act, which requires businesses that collect private information about New York residents to implement reasonable administrative,

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Starting and Maintaining a Podcast the Right Way

Podcasting is one of the fastest-growing forms of media in the U.S. According to Edison Research and Triton Digital, there are now 62 million Americans listening to podcasts each week. As a result, many small companies and individuals are looking to launch their own. Before you hit the record button, consider these issues: Ownership rights Podcast content

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How to Compel Specific Performance of a Contract

When there is a breach of contract, the non-breaching party typically sues for monetary damages. There is a specific performance of a contract. In some instances, that party would rather have the court force the other party to comply with the terms of the agreement. In that situation, the non-breaching party can ask the court

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