Press & Publications
Corporations Consider Registering Trademarks in Cuba as Trade Relations Expand
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…
Spotlight on Asbestos Litigation
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…
USPTO To Reduce Fees for Trademark Applications in 2015
December 19, 2014: Effective January 17, 2015, the USPTO will be reducing filing fees for trademark applications. These changes are meant to promote the use of the USPTO’s efficient electronic filing system. Accordingly, the USPTO will reduce the fee for an application filed using the regular TEAS application form and a TEAS request for transformation…
TTAB Rules In Favor of Anthropologie In Trademark Opposition Proceeding
December 16, 2014: In a recent determination by the Trademark Trial and Appeal Board (TTAB) (Opposition No. 91204412), Happy Green Company’s LLC’s application for “ANTHRO” in international class 3 for bath salts; bath soaps; cleaning and washing preparations; cosmetics and makeup; deodorants and antiperspirants; fragrance etc. was held to be too close to the trademark…
Implications of Recent U.S. Supreme Court Rulings on Attorneys’ Fees in Patent Infringement
May 15, 2014: In a pair of rulings handed down last Monday, the court loosened restrictions on patent lawsuit fee-shifting, in which the losing party must pay the prevailing party’s attorneys’ fees in exceptional cases under the Patent Act (35 U.S.C.A. 285). The U.S. Supreme Court reversed and remanded Octane Fitness LLC v. ICON Health…
Christopher Renzulli and Nicholas Whipple Featured in the Defense Association of New York Journal
March 28, 2014: DEFENDANT, the Journal of the Defense Association of New York (DANY), recently featured an article co-authored by Christopher Renzulli and Nicholas Whipple, Understanding the Recalcitrant Worker Defense, in its Winter 2014 Labor Law issue. The article addresses the Recalcitrant Worker Defense in the context of Labor Law § 240(1) claims, with particular emphasis…
Defense Counsel Beware: Avoid this Ethics Trap
July 17, 2013: The Medicare Secondary Payer Act (“MSPA”) requires attorneys to notify Medicare of any settlements of personal injury claims where the plaintiff is or will be a Medicare beneficiary, and ensure that Medicare is reimbursed for any benefits it has paid or will pay in the future from the settlement proceeds. In addition,…
After the Flood: The Effect of Changing Flood Maps in the Wake of Sandy
July 17, 2013: For the Defense, the monthly publication of The Defense Research Institute (DRI), recently featured an article co-authored by Christopher Renzulli and James Brown, After the Flood: The Effect of Changing Flood Maps in the Wake of Sandy, in its June 2013 issue. The article addresses the expansion of FEMA Flood Maps in New…
In Our Sights: Legislation & Politics: Who’s Really Winning the Gun Debate?
Another highly publicized piece of legislation which was recently enacted was the Colorado bill which institutes background checks for all gun sales and bans the sale of magazines which can hold more than 15 rounds. This act, like the Connecticut and New York legislation, received a great deal of attention as another victory for gun…
In Our Sights: Connecticut Legislation and Its Impacts
Breaking news in Connecticut is the new gun control legislation, which was signed into law by Governor Dannel Malloy on April 4, 2013. The 139-page bill was drafted by a bipartisan group of legislators, and is considered by many to impose the toughest gun laws in the nation. The most prominent features of the new…
PRE-PC Electronic Discovery “Meet and Confer” Conference
The Unified Court System’s E-Discovery Working Group has proposed amending 22 N.Y.C.R.R. § 202.12 of the Uniform Rules of the Trial Courts to require that attorneys confer on anticipated electronic discovery prior to the Preliminary Conference whenever electronic discovery is “reasonably likely.” This requirement already exists in the Commercial Division, where all cases presumptively involve…
RLF Victory: Summary Judgment Can Be Obtained on the Basis of Unforeseeable Misuse
Although foreseeability is often said to be an issue which is left for the jury in products liability cases, RLF recently obtained summary judgment in favor of a manufacturer on that very issue. In granting the motion for summary judgment and dismissing the case, the U.S. District Court for the Western District of Oklahoma found,…
New York Court of Appeals Floors Same Level Rule
For the Defense, the monthly publication of The Defense Research Institute (DRI), recently featured an article co-authored by Christopher Renzulli and James Brown, New York Court of Appeals Floors Same Level Rule, in its June 2012 issue. The article addresses the expanding interpretation of New York’s Labor Law § 240(1), with particular emphasis on the Courts’…
Federal Court Upholds New York City Gun Licensing and Fee Regulations
In a recent decision, the U.S. District Court for the Southern District of New York upheld portions of the New York City Administrative Code requiring New York City residents to pay a $340 fee to apply for a New York City “Premises Residence” handgun license, which allows the license holder to possess handguns within a…
MASSACHUSETTS APPEALS COURT AFFIRMS ANOTHER VICTORY RENZULLI LAW FIRM OBTAINED PURSUANT TO THE PLCAA
The Massachusetts Appeals Court recently addressed issues that had never been decided in Massachusetts and affirmed a significant summary judgment ruling Renzulli Law Firm obtained for Glock based on the Protection of Lawful Commerce in Arms Act (PLCAA).
CONNECTICUT APPELLATE COURT UPHOLDS RENZULLI LAW FIRM, LLP’S VICTORY ON APPEAL
Based upon Renzulli Law Firm’s arguments, the Connecticut Appellate Court recently issued an order dismissing plaintiffs’ appeal from the Superior Court’s decision granting a firearms retailer’s motion to dismiss all claims against it pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”) in a widely publicized case, Gilland v. Sportsmen’s Outpost, Inc. Plaintiffs, who…
RENZULLI LAW FIRM ACHIEVES COMPLETE DISMISSAL WITH PREJUDICE OF ALLEGED FALSE MARKING CASE IN EDTX
Renzulli Law Firm has obtained a complete dismissal with prejudice of an alleged false patent marking lawsuit against an industry-leading product manufacturer in the U.S. District Court for the Eastern District of Texas. In 2010, the plaintiff filed a lawsuit alleging that the manufacturer had violated the federal false marking statute, 35 U.S.C. § 292(a),…
COURT EXPANDS LABOR LAW § 241(6) — FURTHER POTENTIAL LIABILITY ON LANDOWNERS AND CONTRACTORS
New York has some of the most stringent and complex laws in the country designed to protect workers in the construction trades. Pursuant to the New York statutory scheme, landowners and contractors bear responsibility to ensure construction workers are provided with all appropriate safety devices required to perform their jobs safely, and that the construction…
The New Rule 26: What You Need To Know
Effective December 10, 2010, expert discovery under the rules of civil procedure changed significantly with respect to both retained testifying experts and non-retained testifying experts, such as treating physicians. Non-Retained Testifying Experts The first significant change to Rule 26 is that a party wishing to present testimony from non-retained experts at trial (such as treating…
Connecticut Sidewalk Liability Law
As another winter season approaches, it is worthwhile for property owners and businesses to plan ahead for the inevitable snow and ice storms which will blanket our area. With each winter storm comes the potential for a person to slip and fall on ice or snow outside your or your insured’s business. While the duty…
Dutchess Supreme Court Revisits the Duty Imposed Upon Rental Car Companies
According to a recent Dutchess County Supreme Court decision, rental car companies do not have a duty to conduct an investigation into a potential customer’s driving record beyond establishing that they have a valid driver’s license. In Poluzzi v. Mojica, Defendant, ELRAC, Inc. d/b/a Enterprise Rent a Car Company (“Enterprise”), rented a vehicle to Defendant, Miguel…
National Defense Magazine Features Eye-Opening FCPA Article Co-Authored by John Renzulli
National Defense Magazine, a major publications in the defense industry, featured an article by Michael Patrick and John Renzulli titled Defense Contractors Increasingly Targeted in Corruption Investigations. The article addresses the exploding costs associated with bribery and corruption around the world, and especially in the United States under the Foreign Corrupt Practices Act (referred to as…
Supreme Court Applies the Second Amendment to the States in McDonald v. Chicago
On June 28, 2010, the United States Supreme Court issued its decision in the McDonald v. Chicago case, holding that the Second Amendment right to keep and bear arms was incorporated through the Fourteenth Amendment and is fully applicable to the states. On June 26, 2008, the Supreme Court issued its decision in District of…