As 2023 draws to a close, and we prepare to welcome 2024, it is worthwhile to reflect on the past year and plan for the next. Professionally, that may mean planning for a career change, bolstering one’s credentials, changing jobs, or changing roles/positions in one’s current job. Whatever the new year brings, I wish you…
Read More Happy New Year!In United States v. Gangapersad, 2022 WL 17585850 (E.D.N.Y. Dec. 12, 2022), the court imposed a sentence on a defendant convicted of making false statements to FBI agents concerning a shooting (specifically, whether she indeed witnessed said shooting). Putting aside the court’s articulation and application of the black-letter law, the court added this seasonally-appropriate nugget:…
Read More Judge, Who is Not Santa Claus, Imposes Sentence Upon False-Statement ConvictionHappy St. Patrick’s Day! This holiday, a religious and cultural holiday held on March 17 commemorating Ireland’s patron saint, is celebrated by many, especially here in New York City. While the days of “No Irish Need Apply” are long gone, it is possible that some may experience discrimination because of their Irish background, heritage, or…
Read More St. Patrick’s DayIn Christmas House USA, Inc. v. Christmasland Experience LLC et al, No. 22 CV 7691 (GRB), 2022 WL 17852025 (E.D.N.Y. Dec. 22, 2022), the court considered claims of trade secrets misappropriation, trademark infringement, breach of contract and tortious interference with business relationships. The plaintiff, which operates “a fully immersive Christmas-themed experience,” asserts such claims against…
Read More Christmas Business’ Injunction Request Denied… of 2021, is as follows: It has been quite a year; our first “full” one enduring the COVID-19 pandemic and the seemingly permanent changes it has wrought affecting, for example, (1) employment laws affecting the workplaces – and, necessarily, lives – of working New Yorkers (including vaccine and masking requirements), and (2) the initiation…
Read More Our Last Blog Post …Let’s say, hypothetically, you are a burglar and decide to target a particular house owned by a family that will be away (overseas) for the Christmas holiday – i.e., for at least a week, without any indication that any of the family (let alone their 8 year-old son) is left Home Alone. So you and…
Read More Lime & Merchants v. McCallisterIn Coston v. Product Movers, 1990 WL 56516 (E.D.Pa. 1990), a copyright infringement action, the court held that the “idea of Santa Claus” is not protectible, and additionally provides us, via the legal mechanism of “judicial notice”, the following historical background: Pursuant to Fed.R.Evid. 201, I take judicial notice of the fact that Santa Claus…
Read More Court Takes Judicial Notice of Santa Claus’ HistoryIt’s December 23rd, a/k/a Christmas Eve Eve, a/k/a Festivus. So Happy Festivus! Festivus is a non-commercial holiday, begun in 1966 and celebrated on December 23, as an alternative to the pressures and commercialism of the Christmas/holiday season. A key component of the holiday is the “Airing of Grievances,” which takes place right after Festivus dinner…
Read More Air Your Grievances: Festivus and DiscriminationIn Peldman v. Kalahari Resorts, LLC, No. 161385/2019, 2021 WL 3619757 (Sup. Ct. N.Y. Cty. August 16, 2021), the court held, inter alia, that the court did not have personal jurisdiction over an out-of-state (PA) defendant. Among other things, the plaintiff argued that defendant’s connections to New York – including purchase of a float in…
Read More Purchase of Floats in Macy’s Thanksgiving Day Parade Insufficient to Confer Personal JurisdictionIn Horror Inc. v. Miller, 15 F.4th 232 (2d Cir. Sept. 30, 2021), the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision holding that screenwriter Victor Miller held authorship rights with respect to the movie Friday the 13th. From the decision: This dispute concerns whether, for Copyright Act purposes, the…
Read More “Friday the 13th” Screenwriter Victor Miller Had Authorship Rights, Court Holds