Stephen M. Kramarsky

March 22, 2011 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: New York courts enjoy wide latitude in determining whether to enforce a particular non-compete agreement and results can be very difficult to predict. A recent Southern District decision denying IBM a preliminary injunction to enforce a non-compete very similar to one it had successfully enforced just a few years earlier offers a good look at why.

By Stephen M. Kramarsky

11 minute read

March 24, 2009 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: Copyright must preserve and protect economic incentives for creativity while at the same time avoiding any chilling effect on the creation of new works and forms of expression. This is a fine balance and when the courts address it, especially in new media contexts such as the Internet, they must be particularly careful of any possible unintended consequences. A recent decision from the Southern District of New York - though carefully reasoned and largely unimpeachable under current Second Circuit law - demonstrates some of those issues.

By Stephen M. Kramarsky

13 minute read

November 23, 2010 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky of Dewey Pegno & Kramarsky discusses how common law theories of misappropriation, unfair competition and tortious interference may offer protection in situations of sufficiently serious misuse of copyrighted works.

By Stephen M. Kramarsky

11 minute read

September 21, 2010 | New York Law Journal

Stephen M. Kramarsky of Dewey Pegno & Kramarsky writes that a bill now under consideration in Congress treats harsh words on the Internet quite differently from those on the playground.

By Stephen M. Kramarsky

9 minute read

May 27, 2009 | Legaltech News

The Communications Decency Act attempted to include a broad and sweeping immunity for third-party content providers. This immunity -- and its pertinence to IP law -- was the subject of a 2nd Circuit court decision, squarely in opposition to a 9th Circuit ruling on the same issue.

By Stephen M. Kramarsky

11 minute read

January 26, 2007 | Law.com

A liability carrier must defend its insured in an Illinois class action over junk faxes, at least until the case is tried, a New Jersey judge has ruled in a case of first impression. Myron Corp., a New Jersey-based company, is alleged to have violated the federal Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practices Act. The plaintiffs in Stonecrafters Inc. v. Myron Corp. allege Myron unlawfully converted fax machine, paper and toner by sending the faxes.

By Stephen M. Kramarsky

13 minute read