Archive for April, 2010

Law Day 2010

Friday, April 30th, 2010

Every year on May 1st, Americans celebrate Law Day.  Law Day is an opportunity for all Americans to reflect on the rule of law and the foundations of our legal system.  It is a time to celebrate the rich history of our judicial system and a time to consider its future in this rapidly changing world.

When he established Law Day on May 1, 1958, as “a day of national dedication to the principle of government under law,” President Dwight Eisenhower sought to highlight and honor, for all Americans, our enduring legal culture.

We must recognize that our legal institutions and system of justice depend on popular participation and support to maintain legitimate authority. Lawyers and judges should recognize that they bear a special responsibility to foster public understanding of law and legal institutions and commitment to the rule of law.    On Law Day, Americans from all walks of life, public figures and private individuals alike, reaffirm in words and deeds our shared national allegiance to the rule of law.

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John Paul Stevens’ Departure Prompts Reflection Over IP Litigation History

Friday, April 23rd, 2010

The impending retirement of Justice John Paul Stevens, known for his opinions on Patent and Copyright law, has prompted writers and legal scholars to reflect on Stevens’ impact on IP law throughout the past several decades.

Stevens, known for his liberal stance and for such cornerstone copyright opinions such as Sony Corp. v. Universal City Studios, is to thank for the right to use video recorders as we know them today. Sony Corp, also known as the “Betmax decision,” established that consumers have a personal “fair use” right to make copies of copyrighted material for non-commercial use. Stevens’ ability to recognize trends and consider future impact made him initially the only justice convinced that consumer home videotaping was allowed under copyright law.

Stevens is currently the longest-serving member of the Supreme Court. He is set to retire at the end of his term in June of this year.

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Cybex Confirms Actions to Defend Intellectual Property

Wednesday, April 21st, 2010

Cybex International, Inc. announced today that it has decisively responded to infringements of its intellectual property rights.  Cybex International, Inc. is a leading manufacturer of premium exercise equipment primarily for commercial use. The CYBEX product line, including a full range of strength and cardio training machines, is designed using exercise science to reflect the natural movement of the human body.

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Jay-Z and David Ortiz in Trademark Dispute

Friday, April 16th, 2010

The well-known hip-hop artist, business mogul and rapper Jay-Z recently sued Red Sox player David Ortiz for trademark infringement. Ortiz recently opened a Dominican club in Santo Domingo bearing the name ”Forty-Forty,” prompting Jay-Z to file suit in New York on Thursday.

Reports state that Jay-Z alleges Ortiz is infringing on his  trademark and attempting to capitalize on Jay-Z’s fame and good fortune by using the same name of Jay-Z’s chain of nightclubs around the country bearing the name “40/40.”

Ortiz contends that the Forty-Forty name has nothing to do with Jay-Z, and instead refers to the feat of hitting 40 homers and stealing 40 bases in one season. Jay-Z currently owns 40/40 nightclubs in Manhattan, Las Vegas and Atlantic City. Evidence shows that Ortiz has visited at least one of Jay-Z’s 40/40 nightclubs in the past.

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HP’s “Slate” to Compete with Apple’s iPad

Friday, April 9th, 2010

HP recently released video and press statements promising that their new PC tablet, the “Slate,” will do everything that Apple’s iPad cannot.  While the PC tablet will look somewhat like the iPad, it appears that the Slate will continue along the lines similar to that of the PC’s we know today. It has been reported that the Slate will include Windows software, memory expansion options, Adobe Flash, USB Ports, and more.  The Slate is also supposed to include a camera. 

Apple’s iPad has been back ordered all around the country since it’s release earlier this month, so the verdict is still out on how the public will react to the Slate’s release.  We predict that those who are familiar with Apple’s iPhone and iTouch are likely to remain loyal to Apple. Contrary, those who are not familiar with the features of Apple’s other devices are likely to shorten the learning curve gap and go with the Slate because of its similarity to the current PC’s.

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Fantasy Baseball Players Turn to Dispute Resolution

Thursday, April 8th, 2010

Fantasy sport participants and players have begun to blur the line between fantasy and reality. 

As baseball season opens, it has been reported that fantasy baseball players are turning to legal services to resolve heated disputes that occur over fantasy picks and trades.  Many new dispute resolution sites have popped up, offering cheap legal opinions with quick-turnaround time.

Nearly 30 million people in the United States and Canada play fantasy sports of all kinds, including baseball, football, basketball and NASCAR — up from 21 million three years ago. Of those, nearly 11 million play fantasy baseball, according to the Fantasy Sports Trade Association.

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Insurance Company Requests for Overpayments

Wednesday, April 7th, 2010

In general, the law protects innocent medical providers from being forced to repay mistaken payments made by insurance companies.  The rule commonly cited is that doctors do not have to repay overpayments that the insurance companies made by mistake, as long as the doctor made no misrepresentation concerning the mistake and the doctor had no notice of the mistake when accepting payment. This is fair policy because between the two innocent parties, the insurance company and the provider, the insurance company is the one in the position to have known the policy coverage, it created the mistake, and it was in the best position to have avoided it. The doctor actually provided the medical services and was a bona fide creditor.

As a result, various courts have ruled, as between an insurance company and a doctor, the insurance company is the more appropriate party to suffer the loss. This, of course, assumes the provider has not induced payment by submitting an erroneous bill and has rendered the services, as billed, within the scope of his or her licensure.

If you receive a request for reimbursement of an overpayment, assuming you meet the requirements stated above, contact Joseph V. Priore for further information.  The law is on your side.

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Home Affordable Foreclosure Alternatives Program (HAFA) Starts Today

Monday, April 5th, 2010

The new Home Affordable Foreclosure Alternatives Program, or “HAFA”, starting today, is set to streamline the process of home short sales and deed-in-lieu-of-forclosure sales.

In a short sale, the servicer allows the borrower to sell the property for less than what is owed on the mortgage. The rest that is owed on the mortgage is forgiven. In a deed-in-lieu of foreclosure, the borrower transfers their property ownership to the servicer to avoid foreclosure.

Of course, there are financial incentives for the servicers. These include payments for borrower relocation assistance, payments for administrative and processing costs, and other investor incentives.  The incentives are also reported to be paid to the servicer on a one dollar ($1) for every three dollar ($3) matching basis.

It has also been reported that, if you first apply and are eligible for a modification under The Home Affordable Modification program, or ”HAMP,” then you are eligible under this new program.  Some of the requirements state that the  property in question must be your principle residence, and your mortgage must have originated before January 1, 2009. Eligibility under HAMP and HAFA means that your short sale will be approved and you will not be held to any deficiencies at time of sale.

The program is set to last until December 2012.

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