National Report court is back in session on Newsmax to discuss a $7.9 billion lawsuit against Sony over claims that the PlayStation maker abused its dominant position in the gaming console market, leading to unfair prices for customers. Attorney Andrew Lieb argues the case on behalf of PlayStation customers.
Monday, November 27, 2023
On November 22, 2023 Governor Hochul signed Bill A06040 into law thereby creating Labor Law 191-d, the "freelance isn't free act."
This law will replicate, in large part, the labor rights of freelance workers in NYC throughout state. The Governor's statement on the Bill can be found here.
This new law defines which Freelance Workers are protected and then requires that Hiring Parties provide timely payments, a right to a written contract with specific terms, a private right action for violations, a right to no retaliation, a public awareness outreach campaign, a reporting requirement and more. In lawsuits buy Freelance Workers, freelancers who are denied rights can claim liquidated damages plus attorneys fees.
NYS DOL will provide model contracts as well as a non-judicial, administrative process for resolving disputes between Hiring Parties and Freelance Workers.
The goal of this new law is to ensure that all laborers get the right to fair and timely pay.
Wednesday, November 22, 2023
In this interview on Scripps News, Discrimination Attorney Andrew Lieb discusses a new report from the UN Human Rights Committee that spotlights ongoing discrimination faced by the LGBTQ community in the United States. Lieb analyzes the committee's concerns about discriminatory laws targeting transgender people at the state level. He also addresses issues around employment discrimination, suicide rates in the LGBTQ community, and whether legal protections for LGBTQ individuals have expanded in recent years. This important conversation provides insight into the challenges that still exist and the ongoing fight for equality.
Monday, November 20, 2023
Starting on 11/17/2023, security devices are prohibited on entries to residential buildings without express authorization.
Specifically, new GBL 390-e states that "any keyless security device used to control and secure access to the common areas of any residential building without the express written consent of the owner, board of managers, board of directors, or authorized party of such property" is prohibited.
On November 17, 2023, Governor Hochul signed Bill A00581, amending NYS' General Obligations Law to prohibit settlements, or other resolution, of sexual harassment claims or any other form of unlawful discrimination from including any term or condition that requires the survivor to pay the defendant liquidated damages if the complainant violates a non-disclosure agreement.
Survivors of sexual harassment and discrimination are often required to sign non-disclosure agreements (NDA) as a condition for receiving compensation for their horror. NDAs frequently include provisions requiring survivors to pay liquidated damages (predetermined damages) if they violate the agreement and these damages can be devastating.
As a result, survivors, who later change their minds or those who were coerced into signing an NDA, face financial hardships for speaking out about their experience. This new law will protect survivors by no longer allowing financial penalties against them for sharing their stories about experiencing harassment and discrimination.
This Bill takes effect immediately and will apply to agreements entered on or after its effectiveness Agreements can no longer require the survivor to forfeit part or all of the consideration for violating an NDA. Additionally, defendants can no longer require survivors to sign an affirmative statement, assertion, or disclaimer stating that they were not subject to discrimination or retaliation.
Friday, November 17, 2023
If someone dies who is a tenant and if the estate wants to terminate the lease, all they have to do is notice the landlord by registered or certified mail, return receipt requested.
That is the new law, Real Property Law 236-a.
Don't worry landlords, this law doesn't relieve tenants for past due rent, damage, or expenses.
While this law doesn't apply to cooperative units, it sure seems to apply to commercial property, which is insane (all the more reason to have tenants lease as entities, not individuals).
This law is effective February 15, 2024.
Tuesday, November 14, 2023
On November 14, 2023, Governor Hochul enacted A06656, amending Section 756-a of New York State's Real Property Actions and Proceedings Law. This amendment is designed to safeguard real property owners from the threat of not resolving claims of potential deed theft fast enough while an eviction or foreclosure is pending.
This amendment permits a stay of any proceeding to recover possession of or resoling title disputes concerning residential properties when there are underlying issues of deed theft or title disputes. This provision applies specifically when there is a pending good faith investigation into the theft or fraud in the title to, or the financing of, the premises that is the subject of any proceeding for eviction or foreclosure.
This measure will serve as a safeguard, mitigating the risk of homeowners who may, unknowingly, lose their residences.
If an individual is convicted of a criminal offense related to deed theft or fraudulent transactions involving real property, this conviction gives rise to a rebuttable presumption of fraud in the deed transfer, so filing charges needs to be part of a strategic litigation strategy moving forward. In fact, if you file, the District Attorney or Attorney General is then entitled to seek the nullification of the deed transfer. The implicated individual must establish by a preponderance of the evidence that the deed was not procured through fraudulent means.
This amendment goes into effect December 14, 2023.
The New York Assembly has introduced Bill A06978 to improve the working conditions of public utility workers. This bill aims to allow utility workers to have access to restroom facilities in businesses without needing to be paying customers.
Key Features of the Bill:
Impact and Significance:
This bill recognizes the essential services provided by utility workers, addressing a basic need for restroom access during their duties. It balances the needs of these workers with the practical and safety concerns of businesses. A06978 is a step towards respecting the dignity and rights of utility workers in New York.
Key Features of the Bill:
- Restroom Access for Utility Workers: Public utility employees can use employee restroom facilities in businesses during work hours.
- Conditions for Access: Access is allowed when the worker is on duty, with at least two employees of the business present, and when it doesn't pose safety or security risks.
- Compliance and Penalties: Businesses must comply or face a fine of up to $500 per violation, but are not liable for injuries to utility workers using their facilities.
This bill recognizes the essential services provided by utility workers, addressing a basic need for restroom access during their duties. It balances the needs of these workers with the practical and safety concerns of businesses. A06978 is a step towards respecting the dignity and rights of utility workers in New York.
The Bill is on the governor's desk and once she signs it, it becomes effective.
In this segment from Newsmax TV, Attorney Andrew Lieb represents New Balance and Skechers in a mock trial against Nike, who is suing the companies for allegedly infringing on their patented Flyknit technology. Andrew argues that Nike's patents have already been invalidated and that removing stitches is not a patentable invention.
New York State Assembly Bill A00501 represents a pivotal change in the state's approach to handling discrimination cases. Historically, the timeframe for raising claims under the New York State Human Rights Law was restricted - only 90 days for court proceedings against the government and a maximum of one year for bringing issues to the Division of Human Rights, with the sole exception of sexual harassment cases. The introduction of this bill, however, marks a significant shift, extending the statute of limitations to three years across the board for filings with the Division of Human Rights for claims against both private and public entities. This is biggest for education discrimination lawsuits that often were capped at a one year lookback period.
Increased Access to Justice: The extension from one year to three years dramatically broadens the opportunity for individuals who have experienced discrimination to seek legal redress against the government. This is particularly crucial in cases where the complexity of the situation or the victims' circumstances might delay the decision to pursue legal action.
Benefit to School Discrimination Cases: The most notable impacts of this bill will be in the context of school systems. Previously, students or parents alleging discrimination had a mere year to initiate legal action. The extension to three years provides a more reasonable timeframe to prepare and pursue these important cases.
Click here to read Bill A00501.
