Tag Archives: New York

You Told a Lawyer Something, or Copied Them on an Email … Privileged or Not?

Following the FBI’s recent raid of the office and home of Michael Cohen the bounds of the attorney-client privilege have become a topic of debate and discussion. During the raid, the FBI seized business records, documents, recordings, and emails. Earlier this week, Judge Kimba Wood for the Southern District of New York ruled that the U.S. Attorney’s Office for the Southern District of New York could review the documents seized with a special team in place to review for privilege despite Mr. Cohen’s objections to this process.

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Legitimate Business Interests: The Touchstone of Non-Competes

A little-noticed decision from earlier this year rendered by the Supreme Court of New York, Westchester County, demonstrates how enforcement of post-employment restrictive covenants will often boil down to a single question: does the restriction protect a legitimate business interest of the employer?

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Legitimate Business Interests: The Touchstone of Non-Competes

A little-noticed decision from earlier this year rendered by the Supreme Court of New York, Westchester County, demonstrates how enforcement of post-employment restrictive covenants will often boil down to a single question: does the restriction protect a legitimate business interest of the employer?

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Which States Are Likely to Enact Laws Restricting Non-Compete Agreements in 2018?

Several states in recent years have enacted laws that have been designed, in varying degrees, to limit non-competes, including California, Illinois, and Nevada. Which states and cities are most likely to do the same in 2018?

The New Hampshire and New York City legislatures have introduced bills that seek to prohibit the use of non-compete agreements with regard to low-wage employees. Under New Hampshire’s Bill (SB 423), a “low-wage employee” is defined as one who earns $15.00 per hour or less.  The New Hampshire Bill was introduced on January 24, 2018 and is scheduled for a hearing in February. 

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New federal tax law spurring state action in the form of legislative mitigation, plaintiff coalitions

In early January, Governing revealed that 25 states are facing budget shortfalls going into 2018, but “[t]hat’s better than the 31 shortfalls [that the government relations firm MultiState] found last January.” The states with high concentrations of oil and natural resource states, mostly in the Midwest and the Northeast, are hardest hit.

The piece noted that for some, like Rhode Island and Vermont, lawmakers should be able to resolve the discrepancies relatively easily. But others, like New York, “may have to consider significant changes to solve their fiscal problems.” New York faces a large deficit, as we described in our piece this week covering Gov. Cuomo’s budget speech.

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New York: Cuomo’s budget speech reflects difficulties and hope

When Gov. Andrew Cuomo gave his state of the state speech on Jan. 3, 2018, he spent much of it lamenting the challenges that New York faces, which, he argued, are made much worse by the federal tax bill that caps the deduction for state and local taxes (the SALT deduction) at $10,000 when not incurred through a trade or business.

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Trademark Laws: New York

The State Q&A guides on Practical Law provide common questions and answers on state-specific content for a variety of topics and practice areas. This excerpt of a State Q&A addresses New York laws protecting trademarks, including statutes and common law governing trademark registration, infringement, dilution, counterfeiting, unfair competition, and deceptive trade practices. For information on trademark protection in other jurisdictions, visit Practical Law.

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New York: State of the state speech rails against federal tax bill

Last Wednesday, New York’s Gov. Andrew Cuomo gave his 2018 state of the state speech, the first governor to do so in the new year. After acknowledging that “2017 was a tough year by any measure,” due to terrorism and Mother Nature, the governor celebrated “historic investments in education, health care and economic development.” He was pleased that “state government is back,” having done “more with less and it’s working,” touting the passage of “seven timely, responsible budgets,” the highest credit rating in 40 years, a drop in unemployment from 8.3 percent to 4.7 percent, and the highest number of private sector jobs ever, 8.1 million.

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State AGs Think Opioid Class Actions Will Be the Next “Big Tobacco” Settlement

At this point, it’s not really ground-breaking news that America has a problem with opioid drugs. By way of anecdote, when I became a federal prosecutor in 2011, the last heroin case that had been prosecuted in the Nashville U.S. Attorney’s office was in the early-1990s; although, to be fair, there were then lots of what we called “pill” cases involving opioids. When I left the office in 2017, at least half of the office’s major investigations were directly related to opioids–some pills, but mostly outright heroin or fentanyl/carfentanyl . In Nashville, Tennessee, OxyContin (which is an opioid-based painkiller) can be worth up to $1.25/milligram (mg). That means that just one 80mg OxyContin has a street value of $100. Price, is of course, a reflection of demand and demand, in this case, is driven by addiction.

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New York: Legislation would create a state income tax credit to offset loss of state and local tax deduction

Certain high-tax states are preparing for the worst as Congress debates eliminating deductions for state and local income, sales, and property taxes from federal liability as part of its tax code overhaul. New York is one such jurisdiction. On Nov. 22, 2017, Sen. Simcha Felder, whose district covers a portion of Brooklyn, and contains about 300,000 residents, introduced legislation that would amend the state’s tax law by establishing a tax credit equal to any increase in federal tax liability, should “residents no longer being able to deduct state and local taxes from their federal income.”

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