On June 29, 2020, a U.S. federal court ruled in favor of New York Governor Andrew Cuomo on a challenge brought to an eviction moratorium enacted in response to the COVID-19 pandemic. Landlords, Elmsford Apartment Associates, tried to challenge the relief measure which limits evictions for non-payment of the rent during the COVID-19 crisis alleging that this restriction violates landlords’ rights under federal law. Read More
Dunnington recently won an important victory at the New York Court of Appeals paving the way for the return of Nazi looted artworks to a family of Holocaust victims. Read More
Nicola Tegoni, Partner
June 26, 2020
On June 20, 2020, President Trump pursuant to Immigration and Nationality Act (“INA”) sections 212(f) and 215(a) and 3 U.S.C. section 301 issued a Proclamation that suspends the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States.
This Proclamation extends, effective immediately, Presidential Proclamation 10014 issued on April 22, 2020 which suspended the entry of certain immigrants into the United States. Read More
Dunnington obtained a $12 million judgment for Russian broadcasters in the first case applying the Federal Communications Act of 1934 (“FCA”) to internet television piracy. On June 16, 2020, the judgment was entered by the Hon. George B. Daniels of the Southern District of New York against the operator of a service that offered unlimited internet television access for monthly credit card payments. Section 605(a) of the FCA prohibits the unauthorized interception, publication, and use of interstate or foreign radio communications. Read More
On July 1, 2020, Dunnington partner Ray Dowd will present a Federal Bar Association webinar “Lessons From John Steinbeck’s Grapes of Wrath: Copyright Terminations Under Section 203 and 304 of the Copyright Act.” The webinar will discuss Steinbeck v. Kaffaga, a case in which a petition for certiorari is pending before the U.S. Supreme Court. Dunnington partners Ray Dowd and Olivera Medenica authored a brief in support of the petition on behalf of amici curiae the Authors Guild, the Dramatists Guild, the American Society of Journalists and Authors and former Register of Copyrights Ralph Oman. Read More
New York is now in Phase II of reopening after the COVID-19 shut-down. Still, many people remain concerned about what the new “normal” means when it’s still possible to contract the virus and perhaps face an untimely death. Having an updated estate plan can provide some relief from this anxiety, and you don’t have to leave home to accomplish it. Right now it is possible to execute a new or updated will using video technology without having to physically appear in your lawyer’s office. Read More
Healthvana Sues “As Seen On TV” Company Over Hand Sanitizer
On Tuesday, May 12, 2020, digital healthcare start up Healthvana, Inc. sued Telebrands Corp., the company credited as the pioneer of “As Seen on TV” ads, in a California district court, claiming that it was damaged as a result of Telebrands’ unauthorized use of the registered trademark Healthvana to sell overpriced hand sanitizer. Read More
Dunnington Partner William F. Dahill discussed federal, state and city aid for small businesses during the Italian Table Talks webinar, “Has COVID-19 Uncorked a New World for Wines?” hosted by Gruppo Italiano on June 10, 2020.
With stay at home orders mandating businesses to stay closed, and falling consumer demand, retailers have been devastated by the COVID-19 pandemic and its seemingly endless fallout. It is no surprise that, as a result, a number of major retailers have filed for bankruptcy – such as Neiman Marcus, J. Crew, JCPenney and True Religion Apparel. When a debtor files Chapter 11 bankruptcy, however, the issue is whether to end the relationship or continue doing business. Read More
The $100M New York Forward Loan Fund (“NYFLF”) will provide working capital loans to eligible small businesses, nonprofits and small landlords that did not receive a Paycheck Protection Program (“PPP”) loan, or an Economic Injury Disaster Loan (“EIDL”) from the Small Business Administration (the “SBA”) for COVID-19 in 2020. NYFLF loans are not forgivable, and they must be paid back over a 5-year term with interest. The purpose of the program is to support businesses as they proceed to reopen after NYS on PAUSE, and have upfront expenses to comply with the New York Forward Plan guidelines, including regarding inventory, marketing, and refitting for new social distancing guidelines. Below, we outline program highlights.* Read More