Cohen Kinne Valicenti & Cook LLP

New York Law Journal Reports On Case Involving Social Media Networks

chennessey — Fri, 16 Dec 2011 21:35:00 +0000

The New York Law Journal recently reported on Cohen Kinne’s favorable decision for a client in the federal district court in Manhattan, which granted a preliminary injunction in an employment, trademark and copyright case involving social media networks. In the case, Attorneys David Valicenti and Chris Hennessey represented several online marketers whose employee was responsible for their active social media presence. In the course of doing her job, the employee maintained the passwords and other login information for the websites, email accounts, third-party servers, and social media accounts used by the companies. After the employee was terminated, she failed to return certain access information for numerous social media accounts she managed, including Facebook and Twitter accounts. CKVC commenced suit on behalf of the companies in the Southern District of New York and successfully obtained a preliminary injunction compelling the immediate return of the information. In granting the return of this information, federal judge Naomi Reice Buchwald found that plaintiffs satisfied the heavy burden of showing irreparable harm required to obtain the injunction. Judge Buchwald focused on the importance social media for Internet marketers like the plaintiffs: Plaintiffs depend heavily on their online presence to advertise their businesses, which requires the ability to continuously update their profiles and pages and react to online trends. The inability to do so unquestionably has a negative effect on plaintiffs’ reputation and ability to remain competitive, and the magnitude of that effect is difficult, if not impossible, to quantify in monetary terms. Such injury constitutes irreparable harm. To read the New York Law Journal article on the case, click here. CONTACT: David Valicenti – 413-553-0403 Chris Hennessey - 413-553-0406

Awuah v. Coverall

chennessey — Thu, 17 Nov 2011 02:12:55 +0000

On August 31, 2011, the SJC held that an employer may not use a system of customer accounts receivable financing to pay its employee at the time the customer pays the employer for the employee’s work rather than when the work is performed; and that under the Massachusetts Wage Act, G. L. c. 149, §§ 148, 150 (Wage Act), an employer and an employee may not agree that the employee will pay the cost of workers’ compensation and other work-related insurance coverage. The Court concluded that the accounts receivable financing system at issue improperly defers payment of the employee’s earned wages, and that an employer may not deduct the insurance costs from an employee’s earned wages. The Court also addressed the question whether employer may deduct “franchise fees” from such wages, and conclude that the Wage Act forbids the deductions. Read Awuah v. Coverall.

Rosnov vs. Molloy

chennessey — Thu, 17 Nov 2011 01:45:30 +0000

On August 31, 2011, the SJC addressed the issue of whether a 2008 amendment to the enforcement section of the Massachusetts Wage Act, G.L. c. 149, § 150 (§ 150), providing for a mandatory award of treble damages to a prevailing employee, should be applied in an action brought by an employee against her employer for violation of the Wage Act before the amendment’s effective date. The Court concluded that the amendment should be read to apply only prospectively, to claims arising on or after the amendment’s effective date of July 12, 2008. Read Rosnov v. Malloy.

Connors v. Annino

s2admin — Thu, 03 Nov 2011 14:39:34 +0000

Connors v. Annino, decided October 26, 2011, holds that a person on actual notice of the issuance of a building permit must appeal of the permit within 30 days of its issuance pursuant to M.G.L. c. 40A, § 15.

CKVC Brings Christmas in July to Pittsfield’s Third Thursday Celebration

chennessey — Thu, 04 Aug 2011 14:19:15 +0000

July 21, 2011 Salvation Army fundraising is typically done during the holiday season. The needs of those served by the charity last all year long. Cohen Kinne decided to create “Christmas in July” during Pittsfield’s Third Thursday Celebration on North Street, which attracts many people from the Berkshires and elsewhere. Cohen Kinne lawyers and staff, clad in holiday red, rang the well-known Salvation Army bells, while the temperature soared. North Street was full and so was the donation kettle, thanks to the generosity of the Third Thursday participants. Cohen Kinne matched all donations received as part of their gift to the Salvation Army. CONTACT: Jude Forrest – 413-443-9399 OTHER NEWS ARTICLES

Lenny Cohen Named on List of Most Influential Lawyers

s2admin — Mon, 21 Feb 2011 19:31:53 +0000

Firm Successfully Obtains Ownership of Intellectual Property for Manufacturer

s2admin — Wed, 15 Jun 2011 12:44:26 +0000

Cohen Kinne represented a plastics manufacturer and distributor concerning rights to certain intellectual property.

Cohen Kinne Wins Arizona Arbitration for Investor

s2admin — Wed, 15 Jun 2011 12:35:01 +0000

A retired woman won a six-figure damages award against Smith Barney to compensate her for investment losses caused by the Wall Street firm.

Judge Issues Injunction Requiring Environmental Clean-Up of Property

s2admin — Fri, 11 Feb 2011 17:48:03 +0000

A Superior Court Judge ruled that the former Penn Central Railroad Company (now known as American Premier Underwriters, Inc.) must pay to clean-up property contaminated with PCBs that it sold to a building supply company in 1983.