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The Constitutionality of a Ban on Same-Sex Marriage: Oral Argument Transcript in Hollingsworth v. Perry Is Now Available

On March 26, 2013, the United States Supreme Court heard oral arguments in the case regarding the constitutionality of California’s Proposition 8, a 2008 ballot initiative that amended the state constitution to allow only opposite-sex couples to marry. Continue reading The Constitutionality of a Ban on Same-Sex Marriage: Oral Argument Transcript in Hollingsworth v. Perry Is Now Available

What the Fiscal Cliff Compromise Means for All of Us

As we all know by now, the feared “fiscal cliff” was averted at the eleventh hour. After tense and exhaustive negotiations that kept the country on edge, the Senate approved a bill to avert the fiscal cliff two hours after the midnight deadline on January 1, 2013, and the House of Representatives voted to approve the Senate bill one day later on January 2, 2013. Continue reading What the Fiscal Cliff Compromise Means for All of Us

Insurance Tips for Long Islanders in the Wake of Hurricane Sandy

As Long Islanders begin to recover from the devastation of Hurricane Sandy, many of them will likely turn to their homeowners’ insurance policy for coverage. Continue reading Insurance Tips for Long Islanders in the Wake of Hurricane Sandy

Does the Affordable Care Act a/k/a Obamacare Impose a 3.8 Percent Sales Tax on Your Home?

Barring repeal after the upcoming election, a 3.8% Medicare contribution tax will come into effect in 2013 to help pay for the Patient Protection and Affordable Care Act a/k/a Obamacare (the “Act”). There is a lot of false or misleading information on the Internet about this tax and its impact upon the sale of one’s home. Continue reading Does the Affordable Care Act a/k/a Obamacare Impose a 3.8 Percent Sales Tax on Your Home?

The High Cost of Failing to Comply With a Contractual Notice of Claim Provision

A decision earlier this year from Justice Elizabeth H. Emerson of the New York State Supreme Court, Suffolk County Commercial Division, illustrates the harsh consequences that can result from failing to comply with a contractual notice of claim provision, even when the alleged breaching party has actual notice of the apparent claim. Continue reading The High Cost of Failing to Comply With a Contractual Notice of Claim Provision

Losing Protection of Registered Trademarks by Abandonment

Trademarks are an important part of any business. Once a mark is registered and, therefore, federally protected, the protection afforded by the registration is dependent upon continued use of the mark. The owner of a trademark loses its rights to a mark if it does not use the mark in a consistent and controlled manner. Continue reading Losing Protection of Registered Trademarks by Abandonment

The Basics of Copyright and Trademark

Copyrights and trademarks are collectively known as intellectual property rights. A copyright protects an original artistic or literary work. A trademark protects and identifies the source of goods of one party from those of another, and, similarly, a service mark protects and identifies the source of a service, rather than a product. Continue reading The Basics of Copyright and Trademark