Publications

Westchester County Roundup: April 2020

In Palmer/Kane LLC v. Benchmark Education Co. LLC, 18-CV-9369, 2020 WL 85469 (S.D.N.Y. Jan. 6, 2020), the plaintiff, a stock photography production company, brought copyright infringement claims against the defendant educational content provider for alleged improper use of licensed photographs under three copyright registrations. The defendant filed a motion to dismiss the complaint alleging that the plaintiff failed to plead adequately valid copyright status for the photographs and the claims were time-barred. Judge Nelson Román granted the motion in part and denied it in part, dismissing the claims as to all but seven allegedly infringing images.

Read more

Westchester County Roundup: January 2020

In 24 Capital Funding, LLC v. Peters Broadcasting Engineering, Inc., No. 19-cv-4929, 2019 WL 5294841 (S.D.N.Y. Oct. 18, 2019), the plaintiff filed two confessions of judgment against the defendants in New York State Supreme Court, Putnam County arising out of the defendants’ breaches of a series of financing agreements. The defendants sought to remove the case to the Southern District of New York based on diversity jurisdiction and the plaintiff moved to remand back to state court. Finding federal courts lack subject matter jurisdiction over confession of judgment proceedings, Judge Nelson Román agreed with the plaintiff and remanded the action back to New York State Supreme Court.

Read more

Year End Roundup 2019

2019 was a year to remember for Yankwitt LLP. We celebrated a milestone 10-year anniversary, achieved significant wins for our clients, expanded our practices with two new accomplished attorneys, and won several industry awards.

Read more

Westchester County Roundup: October 2019

In Nemes v. Dick's Sporting Goods, Inc., No. 17-cv-1688, 2019 WL 3982212 (S.D.N.Y. Aug. 23, 2019), the plaintiffs, a husband and wife, brought products liability claims against defendants Dick's Sporting Goods, Inc. and Barnett Outdoors, LLC after Mrs. Nemes partially amputated her thumb while shooting a Barnett Lady Raptor FX crossbow. Judge Nelson Román granted in part and denied in part the parties' motions to preclude the testimony of their respective experts.

Read more

The Quarterly News Update: September 2019

August and September were big months for Yankwitt LLP and our attorneys. In August, managing partner Russell Yankwitt was named to the 2020 Best Lawyers in America® list in the area of Commercial Litigation, and just a month later, Russ and partner Kathy Marks were named to the 2019 New York Metro Super Lawyers list in the Business Litigation category. This is the Russ' ninth and Kathy's seventh year on the list. Russ also was honored as one of Super Lawyers' Top 25 Lawyers in Westchester and one of the Top 100 Lawyers in New York. Counsel Craig Cepler made his debut appearance on the 2019 New York Metro Super Lawyers Rising Stars list also in the Business Litigation category. The Super Lawyers list recognizes no more than 5 percent of attorneys in each state.

Read more

Mid Year Roundup 2019

The first half of 2019 saw a bolstering of the ranks throughout the firm with the addition of several new attorneys - two in White Plains and one in New Jersey. In February, Former U.S. Attorney Benjamin Allee joined Yankwitt LLP as a partner, and launched the firm's White Collar Criminal Defense practice. Ben, who recently was honored with the Department of Justice's 2019 Director's Award, also represents clients in breach of contract cases, employment litigation, shareholder disputes and fraud investigations. The addition of Michael Reed, a former federal law clerk and premier NYC law firm alum, to Yankwitt LLP in May strengthened the firm's federal commercial litigation and employment litigation practices. And, Brett Feldman joined our New Jersey office as a trial attorney, working closely with seasoned litigator George Godfrey III on a full range of litigation matters for hotels, casinos and restaurants throughout the Garden State.

Read more

Westchester County Roundup: July 2019

In Waterkeeper Alliance, Inc. v. Spirit of Utah Wilderness, Inc., No. 10-CV-1136, 2019 WL 1517579 (S.D.N.Y. Apr. 5, 2019), Judge Nelson Román sanctioned environmentalist Jeffrey Salt for failing to comply with the Court's order that Salt renounce his use of the Plaintiff's Waterkeeper trademarks. Plaintiff Waterkeeper Alliance, Inc. is an environmental organization dedicated to the preservation of the United States' waterways. Defendant Spirit of Utah Wilderness ("SUW") and its principal Jeffrey Salt became members of Waterkeeper's organization and received a license from Waterkeeper to use the name "Great Salt Lakekeeper." Salt subsequently was convicted of assault, after which Waterkeeper revoked SUW's license and membership.

Read more

Westchester County Roundup: April 2019

In Franze v. Bimbo Foods Bakeries Distribution, LLC, 7:17-cv-03556(NSR)(JCM), 2019 WL 1244293 (S.D.N.Y. Mar. 15, 219), Judge Nelson S. Román denied Plaintiffs' motion to dismiss Defendant's unjust enrichment counterclaim in a Fair Labor Standards Act class action. Plaintiffs worked for Defendant bakery as distributors pursuant to certain Distributor and Advertising Agreements. Those contracts classified Plaintiffs as "independent contractors." Plaintiffs alleged that they were "employees" and thus were owed overtime and repayment of business deductions under the FLSA. In response, Defendant asserted a counterclaim for unjust enrichment, arguing that Plaintiffs were reclassified as employees but were allowed to retain bonuses and other monies they had received pursuant to the Distributor and Advertising Agreements, they would be unjustly enriched by deriving benefits from both classifications at once. Plaintiffs moved to dismiss, arguing unjust enrichment was unavailable to Defendant because (a) there were valid contracts between the parties and (b) Defendant's claim was barred by the voluntary payment doctrine.

Read more