New York City Enacts Pay Transparency Law

Written by Christie Del Rey-Cone Employers in the Big Apple will soon be required to be more transparent about a position’s salary range, following a recent slew of pay transparency legislation nationwide. Effective May 14, 2022, employers must include the minimum and maximum salary range when advertising a job, promotion, or transfer opportunity located within New York City.  Requirements The new law amends the New … Continue reading New York City Enacts Pay Transparency Law

The Potential for Viable Whistleblowing Claims Is About To Become Larger and Louder In New York

Written by Christie Del Rey-Cone Historically, New York Labor Law Section 740 provided rather narrow protections for employees of private employers who engaged in potential whistleblower activities. However, at the end of 2021, Governor Kathy Hochul signed legislation that significantly broadened the scope of individuals and activities covered by Section 740 and those changes become effective on January 26, 2022. Employers must now take even … Continue reading The Potential for Viable Whistleblowing Claims Is About To Become Larger and Louder In New York

Deepfakes and Rights for the Dead: New York Adds a Post Mortem Publicity Right and Penalizes Sexually Explicit Deepfakes

Written by Timothy M. Carter On Monday, November 30, 2020, New York Governor Andrew Cuomo signed into law legislation (S5959D / A.5605-C, which we’ll refer to as the “Statute”) establishing, among other things, a new post-mortem “right of publicity.”  We explain here the key points to know about the new law. New York’s new post-mortem right is similar to the existing right of publicity protections … Continue reading Deepfakes and Rights for the Dead: New York Adds a Post Mortem Publicity Right and Penalizes Sexually Explicit Deepfakes

Producers of Hustlers Hustle Up a Win in Lawsuit: SDNY Dismisses Claims for Invasion of Privacy and Defamation in Barbash v. STX Financing

Written by Leo M. Lichtman Earlier this month, the Southern District of New York gave its stamp of approval to the hit film Hustlers, when it dismissed an action for invasion of privacy and defamation brought by Samantha Barbash, the real-life ringleader of an illegal conspiracy that influenced the film.  In its order of dismissal, the court provided important guidance on New York’s invasion of … Continue reading Producers of Hustlers Hustle Up a Win in Lawsuit: SDNY Dismisses Claims for Invasion of Privacy and Defamation in Barbash v. STX Financing

New York’s Department of Financial Services Initiates Its First Enforcement Action Under Its 2017 Cybersecurity Regulations

Written by Timothy M. Carter Following a publicized commitment to increased cybersecurity enforcement, the New York Department of Financial Services (“NYDFS”) initiated its first enforcement action against First American Title Insurance Co. (“First American”) on July 22, 2020. Stemming from First American’s alleged failure to adequately safeguard highly confidential, personal consumer information – including bank account numbers and statements, mortgage and tax records, Social Security … Continue reading New York’s Department of Financial Services Initiates Its First Enforcement Action Under Its 2017 Cybersecurity Regulations

The Privilege to Speak One’s Mind: New York Broadens Its Anti-SLAPP Statute

Written by Timothy M. Carter The broad speech protections provided by the First Amendment are emblematic of a “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open[.]”  New York Times v. Sullivan, 376 U.S. 254, 269–70 (1964).  While this unfettered commitment to free speech may shield a speaker from the chill of liability, practically speaking, it often … Continue reading The Privilege to Speak One’s Mind: New York Broadens Its Anti-SLAPP Statute

Amidst A Pandemic, New York Quietly Implements Its Enhanced Data Security Law

Written by Susan Kohn Ross and Timothy Carter

While much attention and focus has rightly been placed on the California Consumer Privacy Act and the dramatic expansion of privacy rights for California residents that it heralds, a number of other states have quickly followed suit, working to strengthen their respective data security and privacy laws.  Signed into law on July 25, 2019 by Governor Andrew Cuomo, New York enacted the Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act” or the “Act”).  The SHIELD Act amends New York State’s data breach notification law, by broadening existing the state’s data breach notification requirements and requires covered businesses to have “reasonable” data security safeguards. Continue reading “Amidst A Pandemic, New York Quietly Implements Its Enhanced Data Security Law”

NY Court Allows Use of Third-Party Photo Embedding, Thanks to Instagram’s Terms of Service

Written by Robert H. Rotstein and Timothy M. Carter

In the past few years, the advent of social media has increasingly tested the bounds of copyright law.  The issue of whether “in-line linking” or “embedding” constitutes actionable copyright infringement is no exception.

Early last week, in Stephanie Sinclair v. Ziff Davis, LLC, and Mashable, Inc., 1:18-cv-00790 (SDNY, April 13, 2020), Judge Kimba Wood held that Defendant Mashable did not engage in copyright infringement by embedding of Plaintiff photographer Stephanie Sinclair’s photograph “Child, Bride, Mother/Child Marriage in Guatemala” (the “Photograph”). The Court determined that Mashable used the Photograph, which was posted to Sinclair’s publicly viewable Instagram account, pursuant to a valid sublicense granted to Instagram by Sinclair.  Accordingly, Judge Wood granted Mashable’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) on the grounds that Sinclair failed to state a claim for copyright infringement. Continue reading “NY Court Allows Use of Third-Party Photo Embedding, Thanks to Instagram’s Terms of Service”

Furthering the Fight Against COVID-19

Written By Susan Kohn Ross 

If you or your organization are interested in helping to fight the spread of COVID-19, please see this page on FEMA’s website for more information. Examples for the private sector include the following as stated by FEMA:

  • To sell medical supplies or equipment to the federal government, please submit a price quote under the COVID-19 PPE and Medical Supplies Request for Quotation. Full details can be found in the solicitation (Notice ID 70FA2020R00000011).
    • This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at http://www.sam.gov.  Registration must be “ACTIVE” at the time of award.
  • If you have medical supplies or equipment to donate, please provide us details on what you are offering.
  • If you are a private company that wants to produce a product related to the COVID response – email nbeoc@max.gov.
  • If you are a hospital or healthcare provider in need of medical supplies, please contact your state, local, tribal or territory department of public health and/or emergency management agency.
  • If you are interested in doing business with FEMA and supporting the response to COVID- 19 with your company’s non-medical goods and/or services, please submit your inquiry to the Department of Homeland Security (DHS) Procurement Action Innovative Response Team (PAIR) team at DHSIndustryLiaison@hq.dhs.gov.

Continue reading “Furthering the Fight Against COVID-19”

Pardon The Interruption, Yet Again

Business Interruption Update Written by Jean Pierre Nogues In an earlier post, we reported that efforts were underway in Congress and New Jersey to get insurers to pay business interruption losses for the COVID-19 pandemic even in the face of exclusions for causes, such as viruses and other biological agents.  Massachusetts, Ohio, and, most recently, New York have joined in this effort and are now … Continue reading Pardon The Interruption, Yet Again