Photo Credit: Fotolia Top Court Review: Computer Access, Union Taking, Vicarious Liability
In this edition of their Labor Relations column, David E. Schwartz and Kimberly Franko Lower review decisions pertaining to unlawful computer access under the Computer Fraud and Abuse Act of 1986, union access grants amounting to takings and how far vicarious liability for employers extends in New York for claims of discrimination and sexual harassment.
August 13, 2021 at 12:00 PM
7 minute read
The U.S. Supreme Court, during the 2020-2021 term, and the New York Court of Appeals, so far in 2021, issued several decisions with important implications for employers. This month's column reviews decisions pertaining to unlawful computer access under the Computer Fraud and Abuse Act of 1986 (CFAA), union access grants amounting to takings and how far vicarious liability for employers extends in New York for claims of discrimination and sexual harassment.
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Eleanor M. Lackman of Mitchell Silberberg & Knupp has entered an appearance for Canon, the Japanese camera maker, and the Brooklyn Nets in a pending trademark infringement lawsuit. The case, filed Sept. 16 in California Central District Court by T-Rex Law on behalf of technology company Phinge Corporation, pursues claims against the defendants for their ongoing use of the 'Netaverse' mark. The suit contends that the defendants' use of the mark in connection with a virtual reality platform will likely create consumer confusion. The case, assigned to U.S. District Judge Consuelo B. Marshall, is 2:24-cv-07917, Phinge Corporation v. Yankees Entertainment and Sports Network, LLC et al.
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