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,”...
Only rarely do decisions of the United States Court of Appeals for the Second Circuit delve into the realm of pre-motion letters and pre-motion conferences. But that’s what happened recently in Kowalchuck v. Metropolitan Transportation Authority.[1] The court’s ruling there provides helpful guidance on pre-motion issues and related procedural safeguards....
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...
The U.S. Court of Appeals for the Second Circuit has issued a “clarifying” ruling, Lenzi v. Systemax, Inc., No. 18-979, 2019 WL 6646630, at *1–2 (2d Cir. Dec. 6, 2019), holding that a plaintiff seeking to assert claims under Title VII of the Civil Rights Act of 1964 for substandard...
In the wake of the #Metoo movement and the strengthening of laws concerning sexual harassment claims, employers have been encouraged to promptly and aggressively investigate claims of harassment or sexual misconduct in the workplace. While failing to take such accusations seriously certainly creates legal risk, a flawed or biased investigation...
A licensor of copyrighted software is often faced with two potential pathways for a claim that the copyrighted material was misappropriated: (1) a claim under the Copyright Act or (2) a claim for breach of the licensing agreement. A recent decision from the U.S. Court of Appeals for the Second...
In an important employment discrimination case, the en banc Second Circuit held that “sexual orientation discrimination constitutes a form of discrimination ‘because of…sex,’ in violation of Title VII.” This decision overturns prior Second Circuit precedent and now allows claimants to assert sexual discrimination claims based on sexual orientation under federal...
After discovering her grandfather’s diary, written in the Holocaust-era village of Sokal (formerly in Poland, now considered part of Ukraine), Israeli-American documentarian Judy Maltz traveled to an address recorded in the diary—the home of Francizska Halamajowa, a woman who offered safe haven to Maltz’ grandfather, three Jewish families and a German soldier...