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Bilski v. Kappos, Mayo v. Prometheus, and CLS Bank v. Alice Corp.: The Death of the Machine-or-Transformation Test and the Effects on Software Patent Prosecution

By   /  May 11, 2013  /  Intellectual Property, Online Exclusive, Patent Law 

Patent Stamp

The Machine-or-Transformation test served as the primary test used by the courts to determine whether patent claims were drawn to statutory subject matter under § 101 of the Patent Act, until the Supreme Court’s decisions in Bilski v. Kappos and Mayo v. Prometheus rendered the test useless.

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The Internet System For Tracking Over-Prescribing (I-STOP) Act

By   /  April 15, 2013  /  Criminal Law, Online Exclusive 

Prescription Drugs

On June 11, 2012, the New York State Legislature unanimously passed the Internet System for Tracking Over-Prescribing (I-STOP) Act. I-STOP will create an online “real-time” system for practitioners and pharmacists to report and track controlled substances.

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Cyberstalking: A New Phenomenon

By   /  April 15, 2013  /  Criminal Law, Online Exclusive 

Computer Criminal

Shawn Sayer began an intimate relationship with a woman while living in Maine. After their relationship ended in January 2006, Sayer began to stalk and harass his former girlfriend. Subsequently, the Maine Superior Court convicted Sayer for stalking the victim, and she obtained an order of protection against him in February 2008.

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Use of Eminent Domain to Restructure Underwater Loans

By   /  April 15, 2013  /  Online Exclusive, Property Law 

Home For Sale

The Inland Empire, a region of California consisting of San Bernardino and Riverside Counties, is just one of the many areas throughout the United States whose economy has deteriorated since the housing crisis began in 2007. As of May 2012, the unemployment rate throughout the region was nearly 12% — roughly 1.5 times higher than the national average.

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Unreasonable Attorney Fees: Queens County Supreme Court Reduces Attorney Fee Request by 45% for Excessiveness, Bill Padding, and Inefficiency

By   /  April 15, 2013  /  Online Exclusive, Professional Responsibility 

Scales of Justice on Money

In Francis v. Atlantic Infiniti, Ltd., plaintiff’s attorneys made a motion for reimbursement of reasonable attorney’s fees and costs in the sum of $102,560.60, pursuant to New York’s LEMON LAW. The underlying action involved the purchase of a used Infiniti QX4 car with major mechanical problems that were not timely remedied by the defendant.

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People v. Kent: Controversial Court of Appeals Decision Creates Loophole in Child Pornography Laws

By   /  April 15, 2013  /  Criminal Law, Online Exclusive 

Computer

On May 8, 2012, the New York Court of Appeals handed down a supremely controversial decision concerning the ability to prosecute for the possession of child pornography. In People v. Kent, the State’s high court effectively created a dangerous loophole in the penal law for those who pursue child pornography on the Internet.

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Second Circuit Stands on its Head, Affirming Stewart

By   /  April 15, 2013  /  1st Amendment, Constitutional Law, Online Exclusive 

Scales of Justice and Gavel

Lynne Stewart, graduate of Rutgers School of Law, once had a prominent career as a civil rights attorney. She participated in many high-profile cases, representing members of the mafia and the Black Liberation Army, but most recently found herself on trial for federal crimes.

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Poker: A Game of Skill or a Game of Chance?

By   /  April 15, 2013  /  Criminal Law, Online Exclusive 

Poker

On August 21, 2012, in the United States District Court for the Eastern District of New York, Judge Jack Weinstein ruled that poker is a game of skill that is not covered under the federal Illegal Gambling Business Act (“IGBA”). Issuing a 120-page decision, Judge Weinstein reversed the jury conviction of Lawrence Dicritina (“Defendant”), finding that Congress did not clearly intend to criminalize poker when it passed the IGBA.

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The Issue of Stop and Frisks in New York City

By   /  April 15, 2013  /  4th Amendment, Constitutional Law, Online Exclusive 

Stop and Frisk

In Floyd v. New York, residents of New York City allege that the stop and frisk procedures used by the New York Police Department (“NYPD”) are unconstitutional. Specifically, residents claim that the police engage in racial profiling that targets minorities. It is well established that the Fourth Amendment protects individuals from “unreasonable searches and seizures.”

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The Implied Protection Against Third Party Retaliation Under the Family and Medical Leave Act

By   /  April 15, 2013  /  Employment Law, Online Exclusive 

Employment Contract

An interesting trend is taking place in our courts, locally and nationwide. This trend is to allow claimants to assert a cause of action for third-party retaliation where no such express provisions are provided by the applicable law.

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