NYC Passes Rule Forcing Airbnb to Disclose Host Information
- Sep 3 2018
It’s official. New York City has passed a law, 45-0 in a city council vote, which is designed to help enforce existing rules that ban short-term rentals. The new law …
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Hospitality Websites: The Impact Of The Americans With Disabilities Act On Impaired Individuals’ Access To The World Wide Web
- Aug 31 2018
Jonathan H. Freiberger recently co-authored an article appearing in the August 26, 2018 edition of Hotel Executive Magazine. The article addresses new areas of Americans with Disabilities Act (“ADA”) compliance. …
Letter Agreement Found Binding and Enforceable Notwithstanding Reference That It Was Subject to A More Formal Writing in The Future
- Aug 29 2018
This Blog has previously written about the enforceability of informal agreements. (Here, here, here, and here.) In that regard, we have noted that an exchange of term sheets, memoranda of …
Court Finds Minority Shareholder Lacks Standing to Seek Deadlock Dissolution Under the BCL
- Aug 27 2018
This Blog has written about cases involving disputes between members of a limited liability company (“LLC”) in which resolution of the matter would be governed by an operating agreement if …
Plaintiff’s Filing of an Affidavit of Service of the Summons and Complaint Several Days Late Results in the Vacatur of a Default Judgment Obtained Over Six Years Earlier
- Aug 24 2018
In order to obtain personal jurisdiction over an individual defendant (a natural person) in a lawsuit, the plaintiff must serve the defendant with a copy of the summons. CPLR 308 …
Court Finds that Allegedly Ousted Member of LLC Has Standing to Seek Dissolution
- Aug 22 2018
Under Section 702 of New York’s Limited Liability Company Law (“LLCL”), a court may dissolve a company “whenever it is not reasonably practicable to carry on the business in conformity …
New Study: VA Whistleblowers More Likely to Receive Disciplinary Action
- Aug 22 2018
Earlier this month, a new report by the federal government’s auditing division raised concerns regarding how the Department of Veteran Affairs handles employees and managers found to be involved in …
Diversity Jurisdiction and the LLC
- Aug 20 2018
The simplest misstep has the potential to derail years of litigation and result in a massive financial sanction, as happened here. It is in everyone’s best interest, both the litigants’ …
An Invalid Restrictive Covenant Is Just What The Doctor Ordered
- Aug 17 2018
Restrictive covenants are frequently found in employment contracts. Typically, such covenants, among other things, are used to prevent employees (the “Employee”), after the termination of the employment relationship, from: competing …
Court Holds That A Common Interest Agreement Bars Disclosure of Material Protected by The Attorney-Client Privilege
- Aug 15 2018
Recently, the First Department issued a terse decision in which it reversed a lower court ruling requiring the production of documents claimed to be protected by the attorney-client privilege under …
