February, 2018

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Parodies Can Be Protected from Intellectual Property Claims

Greenspoon Marder LLP

By: Sharon Urias, Esq. In 2014, actor Frank Sivero, known for playing mobsters Genco Abbandando in “The Godfather II” and Frankie Carbone in “Goodfellas,” filed an intellectual property lawsuit against Fox Television Studios, Inc. (“Fox”). In his suit, Sivero claimed the character “Louie” from the massively successful and popular animated series “The Simpsons” was based on his mobster performances and alleged among other things, common law infringement of right of publicity and misappropriation

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Another Insurance Claim Bites the Dust: "Construction Management For a Fee"

GDB Firm Blog

A construction manager that purchased a general liability insurance policy containing an endorsement with an exclusion for certain construction managers found itself with a policy which provided neither a defense nor coverage.

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Unique Decision Finds Ineffective Assistance of Counsel Where Defense Fails to Ask for a Charge on a Lesser Included Offense

GDB Firm Blog

?It is enshrined in the Sixth Amendment that every criminal defendant is entitled to effective assistance of counsel in a criminal prosecution. If counsel falls short of providing such effective assistance, the conviction can be reversed and a new trial ordered. In a unique decision from the Appellate Division, Second Department, the court reversed a conviction due to the defense counsel's failure to ask for the jury to consider the lesser included offense of trespass while considering a bu

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Another Trap For Home Improvement Contractors

GDB Firm Blog

In a case of first impression, a court in Suffolk County holds that a licensed home improvement contractor whose license expires in mid-project is not entitled to recover for services performed thereafter.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Unsatisfactory Performance Leads To Finding Of Non-Responsibility

GDB Firm Blog

Court upholds decision of the Suffolk County Water Authority which found a low bidder to be non-responsible as a result of an unsatisfactory performance rating on an earlier project.

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"Leapfrogging"--Owner Direct Payment To A Subcontractor

GDB Firm Blog

Direct payment by an owner to a subcontractor holds a number of benefits for each party. But there are some fairly significant risks not immediately apparent, and getting it wrong can constitute a breach of contract.