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Renzulli Law Firm is pleased to announce that Michael Patrick and Carol Tempesta have joined the firm.

Michael Patrick joins the firm as a Partner. Michael Patrick has a unique practice rooted in intellectual property, licensing, commercial litigation and providing outside general counsel services. Michael Patrick has represented and worked on behalf of well-known businesses and personalities, including, prominent celebrities, fashion icons, multi-national corporations, emerging businesses on the cutting-edges of their respective industries and numerous others. Michael Patrick works side-by-side with the firm's marquee product liability group to provide clients with preventative counseling regarding product litigation, including risk avoidance and management issues.

Michael Patrick is also an innovator and leader in intellectual property, branding and licensing in the firearm industry. Michael Patrick routinely works with major firearms manufacturers and brands in all aspects of their businesses, including the management, protection, development and exploitation of intellectual property portfolios and assets. Michael Patrick is at the forefront of the intersection of intellectual property and the firearms industry such that he is routinely on the cutting-edge of a rapidly changing and shifting legal landscape.

For more information about Michael Patrick, please visit his profile.

Carol Tempesta joins the firm as Counsel. Carol Tempesta has extensive experience as a litigator representing Fortune 500 companies and their insurers in the defense of high-risk, high exposure, complex litigation involving asbestos, mass torts and products liability cases as both local and national coordinating counsel. Her experience also encompasses a wide range of subjects and areas in commercial and personal injury litigation in both federal and state courts. She has also represented real estate companies in mold litigation and has been involved in exposure cases relating to Benzene and Polychlorinated Biphenyls.

For more information about Carol Tempesta, please visit her profile.

NYAG Announces Settlement with Major Retailers over Sale of Imitation Firearms

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August 4, 2015; On August 3, 2015, the New York Attorney General’s office issued a press release announcing agreements with Amazon, Kmart, Sears, Walmart, and California-based ACTA for violating New York State law concerning the sale of toy or imitation firearms.  An investigation between 2012 and 2014 found that these retailers, and numerous third-party sellers operating through Amazon and Sears, violated New York law concerning the sale of “imitation firearms.” Most of these sales were made online to purchasers in New York. New York Gen. Bus. Law 872 prohibits the sale of “imitation firearms,” which are defined as any device that can “reasonably be perceived to be an actual firearm, air rifle, pellet gun, or ‘B-B’ gun” unless such device adheres to specific requirements set forth in the statute including having bright orange markings along the barrel.  The NYAG’s agreement with the retailers now requires any imitation firearm sold statewide by the retailers to adhere to the stricter, New York City regulation regarding imitation firearms. Among other things, this regulation requires imitation firearms in the city to be “white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple,” or made of transparent material that makes it clear that it is an imitation. A copy of the New York Attorney General’s press release can be found here.


Tennessee Lawmaker Pushes for Repeal of Bill that Disallows Armed Military Personnel at Recruitment Stations

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July 20, 2015; In the wake of the tragic shootings at a military support center in Chattanooga, TN, Rep. Scott DesJarlias of Tennessee seeks to repeal the ban on military personnel carrying firearms at recruitment stations and on base. The proposed legislation is titled "Enhancing Safety at Military Installation Act." The ban is the result of a combination of Pentagon policy and the Posse Comitatus Act of 1878, which prohibits the federal government from using military personnel for domestic law enforcement. In addition to Rep. DesJarlias's proposal, at least six state governors have called for National Guardsmen in their states to be armed in wake of the Chattanooga shooting.

Maine to Allow Concealed Carry Without a Permit

Gov. Paul LePage of Maine signed a bill into law that will allows concealed carry of a pistol or handgun without a permit in Maine. Once it takes effect in October 2015, Maine joins Alaska, Arizona, Arkansas, Kansas, Vermont and Wyoming as "constitutional carry" states that do not require permits to carry a firearm. A summary of the law can be found here.


Small Victory for NYCAL Defendants!

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July 14, 2015; Even though the First Appellate Department unanimously affirmed in part NYS Supreme Court Sherry Klein Heitler’s Order entered on April 15, 2014 (“April Order”) that lifted the 18-year deferral on punitive damages in New York City Asbestos Litigation (“NYCAL”) actions, the First Appellate Department’s Decision also reversed and remanded a significant portion of the April Order. Therefore, the First Appellate Department’s Decision is a small victory for the NYCAL defense bar. The First Appellate Department held that a portion of the April Order that modifies punitive damages in the Case Management Order (“CMO”) violated NYCAL defendants’ due process rights. The First Appellate Department reversed the provision of the modified CMO, which granted the trial court the authority to decide if plaintiff may proceed with a punitive damage claim without affording the defendants an “opportunity to conduct discovery and establish a defense with respect to this damages claim.” 

Corporations Consider Registering Trademarks in Cuba as Trade Relations Expand

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April 28, 2015: As relations between the United States and Cuba continue to transform, corporations are beginning to realize the potential to expand their businesses into a country that once was off limits. Selling goods and services in Cuba means that corporations will want to have their brand name and products trademarked in Cuba as part of a brand protection strategy. Of note, Cuba has a different trademark system than the United States. The United States has a first to use trademark system whereby using the trademark gives the owner rights, even if the trademark is not formally registered. In contrast, Cuba utilizes a first to file system where priority stems from the applicant being the first to register the trademark with the Cuban trademark office. This system creates more of a race to submit applications and ensures that you are the first to file your mark.


Equity Firm Offers Cash-Out for Remington Shares; Supreme Court Rules on Felon Firearm Transfers

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 Firm Offers Cash Out to Investors who Own Shares in Remington Outdoor

May 19, 2015; Private equity firm Cerberus Capital issued a letter to its investors on Friday, advising them that they are permitted to sell their stakes in Remington Outdoor (formerly known as Freedom Group). Investors now have thirty days to make a decision as to whether they want to sell their shares in the country’s oldest firearm manufacturer.  Despite its public commitment to sell Remington Outdoor following the shooting in Newtown, Connecticut, Cerberus itself has not yet done so, chiefly citing that it has not found an acceptable offer. Investors who decide to not sell their shares will have their shares transferred to a separate financial entity, as Cerberus is planning to remove Remington from its main private equity funds.


Spotlight on Asbestos Litigation

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March 5, 2015: The current New York asbestos litigation landscape is changing. There are approximately 3,101 active cases pending in New York City Asbestos Litigation (“NYCAL”), ongoing negotiations on the Case Management Order (“CMO”) which seeks to change the current New York City asbestos litigation procedures and a sharp increase in the number of asbestos-related commercials on television. One of the most significant changes is the inclusion of punitive damages as a viable remedy for plaintiffs. Since 1996, New York City asbestos litigation has been the only jurisdiction in New York State in which plaintiffs have been unable to recover punitive damages from defendants.


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