Sharon Williams, Author at SGR Law

Mar 26, 2020

Annual Meetings and COVID-19

We have received a number of COVID-19 related inquiries from cooperative and condominium boards asking about how to deal with annual shareholder and unit owner meetings that their bylaws state should be held in the next few months. There are a number of options: The simplest, most straightforward option is to postpone holding the meeting until conditions improve and “social distancing” is no longer an issue. The NY Business Corporation Law contemplates that a corporation may fail to hold an annual meeting when required under its bylaws, and provides that, except in very special circumstances, doing so is without consequence…. Read more

Mar 25, 2020

Impact of COVID-19 on Intellectual Property

The reach of COVID-19 has been felt across all facets of life. Travel bans have been enacted. Primary schools have canceled classes, and colleges have turned to full time online education. Supplies of toilet paper and hand sanitizer are scarce. The world of intellectual property has not been spared either, but COVID-19 has not brought it to a halt. IP right enforcement means have been impacted. Trademarks, trade secrets, patents, and copyrights fall under the jurisdiction of the U.S. federal court system, the latter two exclusively. Many federal district courts have issued orders greatly reducing physical access. For example, the… Read more

Mar 24, 2020

Employment Law Updates and Best Practices for Your Building

In response to the novel coronavirus epidemic, the federal government and the State of New York have issued a number of new laws and executive orders that impact employment decisions and working conditions for employees in residential buildings. Below is a short overview of these recently passed laws and guidelines for dealing with building employees during this unique time. Because the governmental guidances and requirements are evolving and specific circumstances may vary, these are general guidelines only; consult with counsel or your HR advisor with respect to specific questions. New York’s Work-From-Home Executive Order: Employees of Businesses Providing Non-Essential Services… Read more

Mar 19, 2020

Federal Circuit Provides Clarity on the Question of Whether Computer Equipment Can Serve as a Basis for Venue in Patent Infringement Actions

Last year, we published an article concerning whether the presence of computer servers satisfies the “regular and established place of business” requirement for establishing proper venue in patent cases Establishing Proper Venue in Patent Cases. In that article, we discussed the Federal Circuit’s refusal to grant a writ of mandamus filed by Google in patent litigation initiated by SEVEN Networks, LLC in U.S. District Court for the Eastern District of Texas. In that litigation, Judge Rodney Gilstrap denied a motion by Google to transfer venue, finding that Google’s provision of Google Global Cache (GGC) servers that were owned by Google but… Read more

Mar 12, 2020

Can’t Touch This: Visual Artists’ “Moral Rights” and Real Estate Implications

On Thursday, February 20, 2020, the United States Court of Appeals for the Second Circuit released a long-awaited final ruling on an issue of first impression regarding interpretation of the Visual Rights Act of 1990 (“VARA”). VARA provides unique federal protection granting artists of eligible visual artworks, regardless of whether the artist is the copyright owner, certain moral rights in their visual works. The rights include the ability to prevent any “intentional distortion, mutilation, or other modification” of their work that would be prejudicial to the artist’s “honor or reputation,” and to prevent any destruction of a work of “recognized… Read more

Mar 11, 2020

To Be or Not To Be an Additional Insured?

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It is the question many in the industry have asked in light of the 2018 New York Court of Appeals decision in the Gilbane case. (Gilbane Bldg. Co./TDX Constr. Corp., et al. v. St. Paul Fire & Marine Ins. Co., et al., 31 N.Y. 3d 131 (2018)). In Gilbane the court held that a party was not entitled to coverage as an additional insured when such party did not have a written contract with the policy holder requiring such status. Additional insured status may be very important in that, in addition to affording an additional insured a legal defense, it… Read more

Feb 12, 2020

Patagonia Sues Apparel Company Over Pro-Oil and Gas Industry “Petrogonia” Line

Patagonia Inc., an outdoor apparel company known for its commitment to conservation efforts, filed suit on Monday against a Colorado-based retailer for trademark and copyright infringement claims over its pro-oil and gas industry “Petrogonia” apparel. Patagonia alleges that OC Media LLC is selling apparel with a logo that closely mimics Patagonia’s mountain silhouette logo. OC Media has replaced the mountain silhouette imagery with oil field imagery: specifically, machinery associated with oil wells. The word “Petrogonia” also appears on the clothing in a font nearly identical to Patagonia’s word trademark. According to the complaint, which was filed in California federal court,… Read more

Jan 31, 2020

Local Law 11 – Update

In 1980, Grace Gold, a Barnard College freshman, was killed when a piece of terra cotta masonry fell on the Upper West Side. Her death resulted in the adoption of Local Law 10, the first New York City law that required periodic inspections of street-side façades of all buildings in New York City that are taller than six stories. Then, in 1998, the partial collapse of a building on Madison Avenue resulted in an expansion of the requirements of Local Law 10 – and its recodification as Local Law 11 – to encompass all building façades (other than those within… Read more

Jan 29, 2020

Can the State of Georgia Own a Copyright in its Official Code?

The Official Code of Georgia Annotated (the “OCGA”) is made up of not only the statutory laws, but also various annotations, including history lines, repeal lines, commentaries, case notations, law review article excerpts, Attorney General opinion summaries, editor’s notes, and other references (the “Annotations”). The State of Georgia (the “State”) contends that it owns the copyright in the Annotations, while a non-profit entity contends that because the Annotations are part of the Official Georgia code, the Annotations cannot be the subject of a valid copyright and are in the public domain. The Supreme Court will decide this issue later this… Read more

Nov 21, 2019

Buyer Beware: More Disclosure Requirements for LLCs

It has become increasingly difficult for homebuyers to play hide-and-seek in New York. For decades, the wealthy, celebrities, and other people concerned about their privacy have enjoyed the privilege of anonymity by buying and selling real estate through limited liability companies (“LLCs”). Not only have LLCs, when properly structured, offered privacy, but, as their names imply, they have had the advantage of shielding their owners from a variety of personal claims. The use of LLCs for anonymity was curtailed by the New York State Legislature on September 13, 2019, with the enactment of expanded disclosure requirements for LLCs buying or… Read more