By Gregory P. Feit Last month, in 1-800 Contacts, Inc. v. JAND, Inc., DBA Warby Parker, the United States Court of Appeals for the Second Circuit addressed whether purchasing a competitor’s trademarks in the context of keyword search advertising amounts to trademark infringement. Adopting what it termed the “consensus view,”...
By Gregory P. Feit Recently, in Kemp v. Regeneron Pharmaceuticals, Inc.,[1] the United States Court of Appeals for the Second Circuit ruled that an employer can violate the Family and Medical Leave Act (FMLA) merely by discouraging an employee’s request for FMLA leave, even if the employer ends up granting...
By Gregory P. Feit Our Firm has previously reported (here and here) on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”; 9 U.S.C. §§ 401-402), which invalidates and renders unenforceable, at the election of a complainant, pre-dispute arbitration agreements in cases relating to sexual...
Recently, in Rajaram v. Meta Platforms, Inc., the U.S. Court of Appeals for the Ninth Circuit held that 42 U.S.C. § 1981 bars discrimination against U.S. citizens in hiring decisions when such decisions are made on the basis of their U.S. citizenship. The holding directly conflicts with a prior federal...
Starting in May 2024, employers who engage freelancers in New York State will need to comply with recently enacted amendments to the State’s Labor Law. Those amendments, embodied in the “Freelance Isn’t Free Act” (the “Act”; § 191-d of the Labor Law), impose new hiring requirements and offer additional protections...
RPJ Litigator Gregory Feit was prominently featured today in a Fox News article written by Tracy Wright, sharing his insights into the controversial and recently expired New York Adult Survivors Act. According to Mr. Feit, who in October presented an oral argument before the New York Appellate Division, First Department...
On October 27, 2023, the National Labor Relations Board (NLRB) published its Final Rule addressing the “Standard for Determining Joint-Employer Status” under the National Labor Relations Act (NLRA). The new rule, slated to take effect on December 26, 2023, significantly expands the circumstances under which separate businesses can be considered...
On Thursday, October 19, at 2:00 p.m., oral arguments will be held before the New York Appellate Division, First Department, in the case of Jane Doe v. Wilhelmina Models, Inc., Cal Tan LLC and New Sunshine LLC. Reavis Page Jump LLP represents the plaintiff and RPJ attorney Gregory Feit will...
By Gregory Feit Our firm previously reported on the passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) (codified at 9 U.S.C. §§ 401-02), which amended the Federal Arbitration Act. Broadly speaking, the EFAA prohibits the compulsory enforcement of pre-dispute arbitration agreements with...
by Gregory Feit On August 25, 2023, in Perry et al. v. City of New York,[1] the United States Court of Appeals for the Second Circuit held that if an employer requires overtime work, knows about it, or should have known about it through reasonable diligence, then the employer is...