by Gary Nissenbaum | May 10, 2024 | Business Lawsuit Blog
New York Contractors who perform work without the requisite license could find themselves lacking the necessary tools to bring legal action against residence owners they contract to do business with. In a New York case, the parties entered into a written contract that...
by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
In a 1964 decision, the Supreme Court established that truth is an absolute defense against defamation. New York Times Co. v. Sullivan, 376 U.S. 254 (1964). However, for parties involved in defamation suits, it is similarly important to know about the affirmative...
by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
Cyberbullying occurs when one person repeatedly uses information technology such as blogs, chat rooms, cell phones, e-mails or instant messaging to deliberately threaten, harass or intimidate another person(s). Cyberbullying also includes cyberstalking; sending...
by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
Whereas many Internet defamation cases involve anonymous defendants, there are many situations in which a plaintiff wants to remain anonymous. For example, a victim of defamatory comments of a sexual nature may wish to remain anonymous to avoid public humiliation. In...
by Gary Nissenbaum | May 9, 2024 | Business Formation & Sales Law Blog
In accordance with general principles of law, rescission of a contract is generally allowed only in narrow situations, such as where a party is fraudulently induced into entering into the contract. Rescission may also be permitted where there is a willful, material,...
by Gary Nissenbaum | May 9, 2024 | Business Formation & Sales Law Blog
The United States Court of Appeals for the Second Circuit held that a debt collector violated the Fair Debt Collection Practices Act (“FDCPA”) when it instituted a Syracuse City Court action in New York State against a debtor in a city where the debtor did not reside....