May 2011 Archives

Long Island Health Care Network Signs Deal With Empire Blue Cross/Blue Shield

A network of Long Island doctors recently signed a deal with the state's largest insurer, Long Island Business News reports.

Such a deal highlights the need for a firm of lawyers who have knowledge of New York contract law. Such insurance deals are complex and usually have many terms, including rates, conditions and other factors that require a contract is properly handled.
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The Beacon Independent Physician Association, founded last year and has nearly 250 members, reached a three-year agreement with Empire Blue Cross Blue Shield. IPAs have been cropping up around Long Island and nationwide, allowing doctors to remain independent but give them big bargaining power in deals with insurers.

The IPA can lead to compensation based on efforts to improve care through electronic medical records, follow up and eliminating unnecessary testing, such as exams that are duplicated. The doctors share information with each other.

Contractual agreements require precision and extensive research and dedication to detail. Contracts are an essential element to doing business in New York. Without proper contracts, those written with a strict attention to detail, a business can fail.

In business, disputes often arise when one party doesn't honor the terms of the agreement, which can bring up breach of contract actions. That's when aggressive representation is necessary to protect your company's rights. Many breach of contract allegations can be settled through negotiation, arbitration or mediation and our firm is dedicated to finding the best solution, which sometimes means avoiding an expensive lawsuit.

Contract disputes can often lead to financial ruin for the company if the issues aren't properly handled. Competition is fierce and therefore resolving these problems as quickly, quietly and least expensive as possible is in the best interests of a company. And our firm is dedicated to doing what can most benefit our clients.

New York business litigation can be extensive and focus on many matters that affect the well-being of a company. Founders, executives and employees work hard to make sure the business grows and prospers and it can take only one lawsuit to ruin years of hard work. Our firm works to serve businesses that need legal help protecting them and those they serve.

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Steven Madden Buyout Deal

Steven Madden, the famed footwear and accessories company, recently announced a $30 million buyout of Cejon Accessories Inc., a group of design and marketing companies, The Associated Press reports.

New York Business Lawyers understand that buying or selling a business is complex and there are many factors involved in a multi-million dollar acquisition or merger.
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The all-cash deal includes Cejon Inc., Cejon Accessories Inc. and New East Designs LLC. The companies design scarves, wraps, winter accessories and other items. The Long Island City, NY-based Steve Madden runs 87 retail stores, including its three online stores.

The deal is subject to a working capital adjustment and some financial performance-based provisions through June 30, 2016. The deal is expected to add 7 to 9 cents to Steve Madden shares in the first year.

Able business attorneys will provide an initial analysis of a prospective purchase, prepare contracts and determine employer obligations. Many concerns may surface about employees and every party's responsibilities. A trusted advocate will be proficient in federal, state and local laws that must be factored into a large-scale transaction. The New York Code is complex and requires a firm with decades of experience so that every issue is anticipated.

According to the New York State Division of Corporations, more than 1.8 million business entities are on file with the state. A corporate law firm should be counted on to handle contracts, employment agreements, non-compete agreements, tax issues, stock options and other areas that are complex.

There are no "standard" or "boilerplate" contracts used by business lawyers. Our attorneys spend as much time as necessary to study Individual cases, determine the terms of the contracts and represent the best interests of the client. We're not just an attorney, but we become trusted members of your corporate management team.

Using an inexperienced firm during a business transaction can create a negative lasting effect on the business. It could be the difference between a successful and disastrous transaction.

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New York City Contested Will Possible In Huguette Clark Case

Huguette Clark inherited what some estimate to be a $3 billion fortune from her father and now that the reclusive heiress has died and the handling of her fortune is the subject of a criminal investigation, it's possible that survivors could contest her will.

Clark was 104 when she passed away at Beth Israel Medical Center in Manhattan, where she spent most of her recent years, The New York Times reports.

Clark spent many years away from outsiders and much of the last few decades she lived in hospitals despite owning a 42-room apartment on Fifth Avenue, an oceanfront estate in Santa Barbara, California and a country manor in New Canaan, Connecticut.
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It's possible now that Clark has died survivors could contest her will. While she had no children, half great-nieces and nephews as well as others who descended from her father's first marriage are still alive as well as descendants of her mother's siblings. Estate and contested will lawyers have decades of experience handling this type of law. While most don't want to think about the death of a loved one, it is inevitable and requires planning.

Clark's odd lifestyle, including an ongoing investigation into her accountant and lawyer, make the story fascinating to the public. MSNBC.com, which did an extensive series into the circumstances of her fortune, reported recently that no funeral service was held and her attorney banned family members from her entombment.

The Times' obituary points out that last August, the Manhattan district attorney's office began investigating the handling of her finances, which are managed by an attorney and accountant for more than a decade. Before death, Clark gave the attorney's granddaughter a $10,000 dollhouse and donated $1.5 million to the attorney's daughter and family in Israel. The estate's handlers told the media they have handled her finances as she wished.

The elderly are especially susceptible to estate fraud. That's why estate litigation in New York can be so important. Disputes regularly crop up after the death of a loved one, especially one who is wealthy. Contesting a will over suspected fraud requires a dedicated team of attorneys. If keeping family issues out of the public eye is an option, that will be our first priority. But while many of these disputes can be handled without court interference, some can't.

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Tavern On The Green Trademark Battle Ends in New York City

The historic Tavern on the Green is no more, but its name lives on after a trademark settlement, The Wall Street Journal reported recently.

New York City will retain use of the name for restaurant services in the city, but its rights can be sold in other areas after a bankruptcy court settlement was reached. The famed Central Park restaurant closed in 2009 after the operators filed for Chapter 7 bankruptcy.
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Manhattan Intellectual Property Lawyers represent companies whose names, ideas, inventions and other copyright and trademark issues must be litigated. Trust 30 years of experience if you are considering a lawsuit or must defend yourself from someone else.

Buyers can now use the Tavern name and logo for restaurants outside of the area, which also includes a portion of Pennsylvania. While the buyer will be able to use the trademark, it must have distinguishing features and specify that the operation is not related to Tavern in New York City, the newspaper reports. The trademark has been used in New York City since 1937.

It's unclear whether the Central Park building will ever reopen as a restaurant. Negotiations broke down last year between the person who won a license to operate Tavern in 2009 and the former workers' union.

The building is now being used as a visitors center lined with gourmet food catering trucks, The Huffington Post says. The famous Crystal Room was demolished and replaced with a courtyard for the trucks.

New York business law can be complex, especially when bankruptcy and other issues are involved. It's important that businesses be well represented when procuring contracts, especially when the success a company has spent years building is threatened.

A trademark can be any word, name, symbol used in commerce. They distinguish a company from others and tell consumers and the public what services or products the company provides. The purpose of U.S. trademark laws is to protect consumers from getting confused about where they are spending their money.

But the laws also protect businesses that sometimes fight about who can use a certain term or logo in the branding of a product. That's when a firm can be the difference between the success and failure of a business.

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Bill Would Ban New York Unemployment Discrimination

New York legislators recently introduced legislation that would make it illegal for companies to disqualify job seekers who are unemployed, Reuters reports.

This is welcome news for the more than 766,000 unemployed New Yorkers looking to find a job. Companies are always seeking the most qualified candidates to fill the sparse job openings that are out there.
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The bill, if it becomes law, would make the unemployed a protected class under New York law, giving them the protection that other people, such as the disabled and other minorities, already have against discrimination. It would also ban employers from posting job advertisements that discourage unemployed job seekers from applying.

New Jersey was the first state to ban a form of unemployment discrimination, Reuters says, with a bill that makes it illegal for companies to post jobs that make employment a condition of either applying for or being hired for the position. It goes into effect June 1.
Some believe that unemployment discrimination may be portrayed in other forms of discrimination that affect older Americans and minorities, who are overrepresented among the jobless.

According to the U.S. Equal Employment Opportunity Commission, nearly 100,000 charges of employment discrimination were filed nationwide in 2010. And while New York added nearly 44,000 private jobs in April, the unemployment rate is still a high 7.9 percent, which leaves 766,700 without work, according to the New York State Department of Labor.

While employers are always looking to find the best and most qualified candidates, they shouldn't use unemployment as a consideration. The Great Recession caused millions of Americans to lose their jobs and for many it wasn't their fault. Financial constraints and times of cost-cutting made it necessary to eliminate positions, products and even whole offices of workers.

Discrimination in New York City is uncalled for, regardless of the circumstance. Many jobless are discriminated based on their age, race, gender, sexual orientation and many other factors just like employees in the workplace.

It is illegal and shouldn't be tolerated. If you feel you have been harassed or discriminated against based on those factors or others found on our website, contact us today. Long Island discrimination lawyers will help protect your rights, fight for what's right and stand by your side.

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New York Intellectual Property Law Applies to Federal Patent Ruling

A recent federal court ruling said that technology licensing company Rambus destroyed documents relevant to patent infringement trials with two technology companies, Bloomberg reports.

The intellectual property case involves Rambus, a chip designer that has been suing companies that refuse to license its technology. The court ruling affects several trials the company is involved in after allegations surfaced that officials destroyed potential evidence related to those trials.

New York intellectual property rights, which deal with inventions and copyrights, are an important part of business. That's why a firm of experienced business law professionals is needed to protect your ideas, patents, trademarks and copyrights.
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According to the Bloomberg article, a five-judge panel of the U.S. Court of Appeals in Washington ruled that the company destroyed documents relevant to patent infringement trials with Micron Technology and Hynix Semiconductor. The panel sent the case back to a lower court to determine sanctions, though it didn't dismiss the cases altogether. The article quotes a Rambus official, who said the company doesn't believe there was bad faith or prejudice in its actions.

The Bloomberg article also discusses a dispute where Microsoft, Nokia, HTC and Sony Ericsson Mobile Communications AB and Amazon.com have challenged Apple's ability to trademark "Appstore" and "App Store" in Europe. Apple accounts for more than three-quarters of revenue in the mobile device application industry, bringing in nearly $3 billion in 2011, researchers believe.

It's evident from the article how important this area of Manhattan business law really is. When a company is able to trademark or copyright inventions or ideas, it gives them a distinct advantage. Often, these trademarks and copyrights held by companies can be challenged by other companies in an effort to even the playing field. This is especially important in New York City, the epicenter of the country's business.

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New York Cooperative Bill Would Change Classification System

A recent bill filed by a New York senator would re-classify New York City cooperatives and condominiums being slammed by recent assessment increases, The Queens Courier reports.

The bill by Senator Toby Ann Stavisky would change the classification of New York City co-ops and condos to that of single- and multiple-family homes. Recent valuation assessments released by the New York City Department of Finances showed, in some cases, 100 percent increases valuation, meaning a jump in taxes for the owners.
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A New York City cooperative housing law attorney can help you identify areas where your rights as a homeowner could be violated.

Supporters of the bill say it would cap assessments annually and allow those homeowners to be on equal footing with other single family houses in the city. It would also bring affordability to many condominiums and cooperatives.

Owners of commercial facilities and apartment buildings often make the decision to convert their properties into condominiums or cooperatives. But that decision affects the people already living in the building. All of these issues must be sorted out according to New York real estate law and an experienced real estate law firm should be consulted.

For instance, specific information must be included:

  • A full description of the building
  • Details on financing
  • Specific obligations and rights of all parties
  • Documents
  • Certifications
  • Disclosure of purchase procedures
  • Agreements for operations

And, New York requires that every condo or co-op offering be reviewed and approved by the New York Attorney General. This requires detailed contracts, shareholder matters, leasing issues as well as sales and transfers of units. All of this is complex and requires attorneys with years of experience in this area. Whether considering this type of a conversion or if you're living in a building going through this change, contact an experienced group of New York City co-op attorneys.

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Cuts to Metro Program Could Violate Americans With Disabilities Act in New York

The Huffington Post reports that the Metropolitan Transit Authority's Access-A-Ride program could be facing budgetary cuts that could affect New York City's efforts to satisfy the Americans with Disabilities Act.

Discrimination attorneys understand the importance of equal rights for people who are disabled. Nearly 54 million people have a disability, U.S. Census Bureau figures indicated in 2010. Unfortunately, discrimination based on disability is not uncommon. So, stand up for your rights.
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In New York City, Paratransit was established to satisfy the requirements of the act in 1990. The average Access-A-Ride trip costs $48 and people with disabilities pay $2.25 per ride. But the MTA has been redefining what it means to be disabled, moving people from unlimited to conditional "trip-to-trip" eligibility, the report states. Some changes include offering partial rides or service when temperatures are below 39 degrees or above 90.

The MTA is trying to reduce the number of rides by 26,000 per year. The New York City Transit claims that under new guidelines, 40 percent of people with disabilities can walk one to five blocks to a bus stop. The United Spinal Association has filed a lawsuit. While the MTA wants to cut millions of dollars in spending, it may come at the expense of disabled New Yorkers who are just trying to get around the city like everyone else.

The Americans with Disabilities Act applies to the employer/employee relationship as well. It prohibits discrimination against employees and job applicants whose impairment (mental or physical) limits their activity, or those who have a record of or are regarded as having such an impairment. The Act designates people as "qualifying" with disabilities. Qualified means the person has all the skills and experience to do the job, disability aside.

Last year, the U.S. Equal Employment Opportunity Commission, which enforces the ADA, received 25,165 claims. The EEOC reported $76 million for the year won for those discriminated against, which includes back pay, hiring, attorney's fees and other payments. EEOC intervention is often helpful, but not necessary to file a lawsuit in state or federal court.

Sometimes, discrimination is obvious and other times it is subtle. But an experienced law firm that has handled Long Island disability law for decades can be counted on to sort out the differences and whether or not the ADA has been violated. New York discrimination laws can be complex and sound advice is needed.

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Jewish Boarding School Case Requires New York Construction Law and Business Law Attorneys

A case involving a New York village, a Jewish congregation and federal prosecutors resulted in the village changing its zoning code, The Wall Street Journal reported recently.

This is a situation where, despite federal government intervention, a New York City construction and business law attorney should be consulted to resolve disputes with governmental agencies over zoning codes. Construction law is complex and can apply to many types of projects.
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In Airmont, which is 27 miles north of Manhattan, an Orthodox Jewish congregation wanted to build a school with student housing. The village's code didn't allow for student housing, but after the Justice Department filed a lawsuit six years ago, a recent settlement required village officials to amend its zoning laws. It agreed to pay a $10,000 fine, but didn't admit any wrongdoing.

The News Journal reports this is the second case of federal intervention regarding zoning law issues with religious organizations since its 1991 incorporation. In the first case, the village was forced to accept neighborhood houses of worship in residential homes.

Construction is a multi-billion dollar industry in the United States. And in New York City, Great Neck and elsewhere throughout the state, it is a high-stakes business that requires sound legal advice. Protection comes in the form of an experienced construction law attorney.

Consider some of the many construction-related issues construction law attorneys handle on a daily basis:

  • Industrial accidents
  • Compliance violations
  • Drafting and interpretation of contracts
  • Contract disputes/breach of contract
  • Fraud/misrepresentation by contractors

Equally important is having available a team of attorneys dedicated to New York business law. Disputes regarding contracts, leases, employment agreements and other issues may be just as critical to an operation's success.

If your Long Island business is involved in construction, seek a capable law firm that focuses on these matters. Protect your business and hire attorneys with a reputation for providing clients with sound advice and counsel in tough times.

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New York City Construction Fraud Case: Business and Criminal Litigation

Six subcontractors, their owners and a construction company's executives were recently charged with allegedly participating in a scheme where New York City businesses were overcharged for interior construction projects, The Wall Street Journal reports.

Indictments announced recently by the New York County District Attorney show not only the importance of a strong New York City criminal defense attorney, but also the need for an aggressive business law firm.
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Lehr Construction Corp. and four of its top executives have pleaded not guilty to hatching and executing a billing model that overcharged clients for work by agreeing with subcontractors it hired to inflate costs in exchange for guaranteed future work. Following the Lehr executives being charged with racketeering, six subcontractor owners pleaded not guilty to grand larceny charges.

According to prosecutors, the scheme resulted in $30 million being taken illegally over 12 years from clients that included banks, law firms and the Economist Magazine. They allege the companies didn't keep any of the illicit funds they collected from clients, but instead held money and transferred it to Lehr by allowing Lehr to underpay them on future jobs.

Overzealous prosecutors can often make mistakes in the prosecution of business professionals when information is based on less-than-credible witness testimony and numbers that appear off but are, in fact, legitimate. That's why having a New York City criminal defense team prepared to fight for your rights in court is important when facing white-collar criminal allegations.

That being said, there are times when businesses are unethical and untruthful and that's when having a business litigation firm ready to fight to protect your business from being ripped off is equally important. Lawsuits may be necessary to recoup millions of dollars that were unlawfully taken in schemes created by those in power.

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New York Banking Law: Madoff Trustee Lawsuit Against Safra Bank

A trustee of Ponzi scheme artist Bernie Madoff's defunct investment firm is suing Manhattan-based Safra Bank, alleging the financial institution owes investors nearly $112 million, according to Reuters.

New York banking law is complex and requires a banking law firm with more than two decades of service within the banking and financial industry sector.
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The lawsuit, filed in U.S. Bankruptcy Court for the Southern District of New York, alleges that Safra Bank knew or should have known of "irregularities" concerning investments with Madoff.

In March 2009, Madoff pleaded guilty to 11 federal felonies in admitting to creating a scheme that defrauded thousands of investors out of billions of dollars. He is serving a 150-year federal prison sentence.

Feeder funds funneled customer money to Madoff by opening direct accounts with his firm. The trustee is trying to recover money he believes was subsequently moved in dozens of transfers to privately held Safra,. The lawsuit alleges that Safra received more than $95 million from Fairfield Sentry Ltd, formerly run by Madoff's largest feeder fund.

The Wall Street Journal reports that the trustee agreed to a settlement with the liquidators of the Fairfield Greenwich funds to resolve claims and jointly pursue the fund owners.

Making and managing investments is a risky venture and requires an experienced attorney to protect from bad contracts, fraud other questionable business practices surrounding the financial industry. Greed and shady deals have clouded the country's financial system, especially in recent years during the recession. Debtor and creditor rights must remain at the forefront.

Choose an attorney wisely whether you're an individual considering making an investment or a bank fending off accusations of misdoings. Choose a law firm with knowledge and experience handling cases in New York banking law.

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New York Yankees Waiters Sue Over Alleged Unpaid Tips

Three current and former waiters who served fans in premium seats at Yankee Stadium allege their tips were withheld, according to a lawsuit, reports Reuters.

A wage law attorney may be your best bet when trying to deal with a company you feel isn't treating you fairly or legally. And both businesses and employees may feel that an experienced employment attorney could assist in resolving work issues.
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The lawsuit, filed in U.S. District Court in Manhattan, alleges waiters didn't receive any money generated by service charges added to food served in premium seating at Yankee Stadium.

Orders placed from the high-end seats include an automatic 20 percent service charge, with additional gratuities left up to the customers, according to the lawsuit. The lawsuit seeks class-action status. And while the lawsuit doesn't seek a specific amount of damages, the amount in dispute is more than $5 million covering 150 employees, Reuters reported.

But the servers' attorney told the news service the issue of a service charge was not addressed in the union contract. The Yankees moved into the new stadium in 2009 and charge between $100 and $325 for premium seats. A spokeswoman for the hospitality company told Reuters that all employees are paid in accordance with their union contract.

A spokeswoman for Legends Hospitality said the company had not been served with the suit but said all employees "are paid properly and in strict accordance with their union contract."

The dispute between workers and their company illustrates the importance of hiring a Long Island business law attorney who can properly represent the interests of employees who aren't being paid in accordance with the Fair Labor Standards Act as well as of employers who believe they are paying employees in agreement with a signed contract and/or the law.

This is a complex area of law that requires a knowledgeable attorney. Don't fight it alone.

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Oak Room to Close After Landlord Dispute With Hotel in New York City

The Plaza Hotel's Oak Room Restaurant in Manhattan is closing after squabbles with hotel management, The New York Times reports.

A business law attorney can defend you and your business from falling prey to loopholes in contracts or illegal actions by a property owner. New York contract law is complex and ensuring that your business lease is favorable when it comes to permitted uses, rent increases, renewal clauses and other factors is key to making sure a Manhattan restaurant and hotel work well together.

According to The Times, lease negotiations broke down with the hotel in March after tensions between the parties soared because hotel owners pushed the Oak Room owner to cancel events or pay double rent. The Plaza's owners have sued the Oak Room's owners for more than $33 million, claiming "numerous violations of the lease, unacceptable activities and significant financial arrears."
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The dispute between the parties started with the restaurant's "Day and Night" Saturday afternoon parties, which invited hundreds of young partiers and made the restaurant as much as $180,000 in the afternoon, much of it from top-shelf alcohol sales. But the parties disrupted hotel residents and guests.

The Plaza Hotel has been in the news as recently as October, when actor Charlie Sheen, naked and apparently intoxicated, ransacked one of the Plaza's rooms and was later hospitalized. The hotel was hit hard by the recession, as by January 2010, nearly a dozen condo owners had to sell their units at a loss, the Times reported.

Plaza owners claim in court filings that Oak Room owners violated the terms of their lease and obstructed the landlord's "costly efforts to restore the landmark Plaza Hotel to its former glory, in a city where the amenities and manners of cosmopolitan society have increasingly given way to the rude and the ordinary."

The Oak Room opened in fall 2008 after delays from $8.5 million in renovations. The restaurant started with poor reviews from its first chef and once the recession hit, the owners were unable to pay the $125,000 per month in rent, so the Plaza agreed to a reduced rent of $50,000 plus 8 percent of sales, making the parties necessary to keep business flourishing.dining.jpg

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Mattel Case Illustrates Importance of Employment Contracts

The recent Bratz Doll cases involving Barbie Doll giant Mattel illustrates the importance of employment contracts in New York.

Of course, the case also involves copyright, trademark and licensing issues and illustrates why hiring a business litigation attorney in New York is always important when establishing new product lines or dealing with issues involving terms of employment for highly-skilled employees.
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Forbes reports Mattel was ordered to pay an $89 million jury verdict to tiny rival MGA Entertainment; Mattel originally won a $100 million verdict against MGA in 2008, however that verdict was overturned on appeal.

At issue was whether a Mattel designer had the rights to develop the wildly popular Bratz doll on his own time and sell it to a rival. The employee claimed he developed the doll while living with his parents in Missouri -- between stints working for the company.

Mattel argued the invention came during his second stint with the company -- and that he violated the terms of his inventions agreement by taking the concept to MGA Entertainment. The company claimed copyright infringement and breach of contract and was awarded $100 million at the original trial.

However, the appeals court overturned the verdict, ruling that MGA deserved "sweat equity" for manufacturing and marketing the doll.

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CARD ACT provides Debtor Rights for Credit Card Holders in New York

Provisions of the Credit Card Act of 2009 have been fully implemented and are meant to offer added protection to consumers by outlawing some of the most abusive practices of credit card companies.

Those dealing with CARD Act violations in Great Neck or collection agency harassment in New York City should speak to a qualified New York debtor rights attorney. Collection companies in particular have a long history of violating the law in an effort to collect a debt.
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And not all cards or credit accounts are being treated equally.

U.S. News reports on the case of a business customer who has $41,000 worth of cash advances at 20 percent interest and $14,000 in purchases at 9 percent. His bank refused to allow him to pay off the higher-interest amount first, something mandated by the new credit card regulations. However, the regulations only apply to personal accounts, not business accounts.

In some cases, companies are even accused of pushing such "professional accounts" onto unsuspecting consumers. Some credit card companies, including Bank of America and Capital One, have applied some or all of the CARD Act protections to business accounts. Others, including Chase and Citibank, have not done so, according to a recent study published by Card Hub.

Protections afforded by the CARD Act include:

-Limited interest rate hikes on existing balances: 45-days' notice required for change of terms.

-Limited Universal Default: This is the practice of raising your interest rate based on your payment history with other creditors. It can now only be done with new balances after a 45-day written notice.

-Opt Out Rights: Consumers can reject certain changes in terms. They can agree to close the account and are given up to 5 years to pay off the balance.

-Limited credit for young adults: Companies are banned from issuing cards to anyone under 21 unless they have an adult co-signer or have proof of income. Credit card companies must also stay 1,000 feet from college campuses if they are offering free gifts to entice students to sign up.

-More time to pay monthly bills: At least 21 days.

-Clearer due dates and times: Payments due on weekends or holidays are no longer subject to late fees.

-Limits on over-limit fees: Consumers must opt-in for such fees and they cannot exceed the amount of the overage. Thus a $20 overage cannot result in more than a $20 late fee.

-No double-billing cycles: This practice hurt people who paid off their bills in full every month, as the companies went back to the previous month's balance when figuring interest.

-Subprime credit: Setup fees cannot eat up more than 25 percent of available credit.

-Minimum payment: Companies must disclose consequences of only making minimum payments.

-Late fee restrictions: Fees are capped at $25 but can be higher if user is late more than once in a six-month period.

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