Law Offices of William Cafaro

Law Offices of William Cafaro

Law office of Bonnie Lawston

Web Perseverance - Web Development, Internet Marketing, SEO, Graphic Design

Sackstein Sackstein & Lee, LLP

Law office of Bonnie Lawston

Law Offices of William Cafaro

Internet Ethics and Deceptive Practices

Selling Links from High Profile Websites and Other Unethical Practices

EthicsInternet ethics is coming into the media spotlight as an increasing number of deceptive practices have arisen. There’s no question that the Internet is a new frontier. Just as the Old West had gunslingers and lawless characters, you find the same thing happening today with the worldwide web.

One of the most recent scams is selling links from high profile websites to boost SEO value for a customer’s website.

BuzzFeed News recently published an article about underground marketers selling high profile links. In fact, the article gave some shocking examples.

Patricia Disney’s Memorial Site

A former Walt Disney executive, Roy Disney, had a first wife named Patricia who passed away in 2012. In recognition of her philanthropic activities, her memorial site at WeLovePatty.com enabled viewers to make charity donations in memory of her. While the domain still exists, Patty’s memorial page is gone. In fact, after her family quit paying for the domain name, unscrupulous marketers bought the domain and sold it. The domain now forwards to blaze4days.com where you see a cannabis site promoting its products.

The same thing has happened with other prominent links from Forbes, The New York Times, The Guardian, CNN, BBC and well-known news media sites.

Using a former site’s domain in this way is an example of black hat SEO.

Keylogger

What Is Black Hat SEO?

Black hat SEO is a coined word that describes unethical SEO practices. More specifically, a developer or web marketing company engages in practices that violate search engine guidelines. They do so with the purpose of boosting SEO rankings.

The article also gave an example of an unethical web practice that created fake websites or wrote false content to cover up a client’s criminal background. A company did this for Adrian Rubin, a convicted payday loan scammer. They used his name and created numerous fake online personalities to help him hide his criminal conviction online.

This, however, is not the same tactic as redirecting links.

An even more nefarious practice, designed to ruin a web company’s marketing is redirecting the domain to a web page containing malware. Malware is software designed to harm or access a computer system without the owner’s permission. When web viewers arrive at the page and see Google’s malware warning notice, they can’t click away fast enough.

A specific malware example is unauthorized use of keylogger software. Keylogger is spyware that captures the computer user’s keystrokes. Installing a keylogger without the user’s knowledge or consent is illegal. Even worse, criminals can use a keylogger to capture logins and steal the person’s identity.

White Hat SEO

It’s our firm policy at Web Perseverance to educate and warn clients against black hat SEO and help them understand its opposite — what white hat SEO is. White hat SEO is a term that refers to SEO practices, which are in compliance with search engine rules and policies. We can help you attract website visitors through white hat, or standard SEO, web design and development practices. We can also effectively market your site by writing engaging web content.

Web Perseverance is a web marketing company. We help businesses create strategic and productive marketing on the Internet

Using Negative Space in Web Design

Directing the Website Viewer’s Attention

Negative space refers to the space surrounding the main subject/object in an image, picture or photograph. Artists have long known that negative space can make the subject stand out or get lost.

On the other hand, positive space refers to the space the subject/object occupies.

Achieving a balance between positive and negative space that is aesthetically pleasing is what graphic designers and artists typically aim for. Also, when marketing your product, there are main images and text that you want as the main focus. They should grab most of your viewer’s attention.

Positive Space to the Extreme

Some puzzles, such as the game “Where’s Waldo?” are great examples of positive space taken to the extreme. Below is an example where you can see how the items the girl is trying to find have gotten lost in the pile of objects occupying the positive space.

Negative Space

How Negative Space Can Create a Dramatic Effect that Draws Attention

In contrast, putting a solid dark background around the subject/object can make the object stand out and completely engage the viewer’s attention.

Here’s an example:

How Negative Space Can Create a Dramatic Effect that Draws Attention

You can almost taste the chocolate and ice cream melting in your mouth.

Variation Can Break Up a Sea of Text

Have you ever opened up a website that was a sea of text? Paragraphs and paragraphs of text or long paragraphs with little to no variation are what we’re referring to here. The amount of text is overwhelming and sends viewers clicking away to other websites.

Through the use of different paragraph sizes, subheads, bullet points and varying fonts, interspaced with images and empty space you can transform a boring sea of text. The page can evoke emotions in the viewer that they will associate with the product.

Colors can also add variety that makes a design element stand out. The call to action “Contact Us” button created in a different accent color creates a contrast with other elements on the page and can jump out at the viewer.

How Cramming in a Few More Messages Can Ruin the Layout and Focus

All too often, clients want to cram in one more money making message. They see “wasted” space and want to be sure all of it is used. Unfortunately, when a boatload of messages hit a viewer all at once, viewers feel bombarded. They typically click away without grasping any of the messages. Hence the saying: “Sometimes less is more.”

Read More

What website is in your world of imagination?

Web Perseverance is a web marketing company. We help businesses create strategic and productive marketing on the Internet.

Breaking it Down – the New Sexual Harassment Laws in New York

 

Breaking it Down – the New Sexual Harassment Laws in New York

 

 

Breaking it Down – the New Sexual Harassment Laws in New York

As of October 9, 2019, Employees are more protected from discrimination in New York than ever before, and Employers are subjected to new standards of which they must be familiar to protect themselves from the flood of litigation that will surely follow. How so? Thanks to a number of broadly protective legislative changes, anti-harassment laws in New York State now encompass all protected classes under the New York Human Rights Law, not only sexual harassment cases. These protected classes include discrimination based on an employee’s age, race, color, sex, sexual orientation, national origin, marital status, criminal record, amongst others.

The Burden of Proof for a Hostile Work Environment Has Changed, and it is Decidedly Pro-Employee

The Old Standard – Severe and Pervasive

In the past, to succeed in a claim based upon a hostile work environment, an employee suing an employer for discrimination had to prove that harassment was “severe and pervasive.”  Under any stretch of the imagination, this was a touch standard to satisfy in a Court of law.  An unwanted sexual attack or repeated discriminatory comments made over a period of months to an employee based on their protected class would be obvious examples of severe acts sufficient to satisfy this old standard. Read More

The New Standard – Petty Slights and Trivial Inconveniences

Now that the new anti-harassment laws are in effect, the burden of proof has changed from this old standard of “severe and pervasive” discriminatory conduct to the new standard of “rising above petty slights and trivial inconveniences.” An affirmative defense for an employer is to prove that “the harassing conduct does not rise above the level of what a reasonable victim of discrimination with the same protected characteristic would consider petty slights or trivial inconveniences.”  This is a huge change in the burden of proof that will invariably open the floodgates of litigation in cases that were historically brought under the Federal anti-discrimination statute, Title VII. Now, employees will be empowered to bring their claims under the new laws in New York State without the necessity of first exhausting their administrative remedies with the Equal Employment Opportunity Commission, a prerequisite to commencing an action in Federal Court. Read More

As always, we at The Van De Water Law Firm is your local resource for all your legal needs, including prosecuting and defending claims of discrimination and sexual harassment in the workplace.  Call now for a free evaluation and consultation at (631) 923-1314, or email us at Chris@VDWLawFirm.com.  You can also visit us on the web.

How Premises Liability Cases Can Relate to Workers Compensation Cases

Can You Receive Workers Compensation and Premises Liability Compensation for an Accident?

Hit and Run Accident AttorneysPremises liability for third parties may also apply in a workers compensation case. Depending on the circumstances of the case, a third party property owner may also be liable if their negligence resulted in injury.

For example, suppose a delivery worker drops off a package to a chemical plant. While making the delivery, an explosion occurs which shakes the building and causes a fire. The worker falls, hitting his head due to the impact of the explosion and he suffers from brain damage as a result of the concussion he sustains. In addition, the fire burns him and he must receive treatment for first degree burns.

How Does Workers Compensation Relate to this Case?

In the above example, the employee was engaged in work for his delivery company and was subsequently injured while on the job. This alone qualifies him to receive workers compensation benefits for lost wages and medical treatment.

How Do Circumstances Also Relate to Premises Liability? Read More

Our lawyers at Sackstein Sackstein & Lee, LLP have successfully handled many different types of premises liability and workers compensation accident cases. More than 65 years of legal experience enables us to provide clients with effective representation.

What Potential Penalties Do Employers Face in NY Discrimination Cases?

More Potential Penalties for Employers

Potential penalties for employers are likely to result from the amendments to the New York State Anti-Harassment Law. As the repercussions of the amendments become clearer to employers, more businesses will establish anti-discrimination work policies. Revised anti-harassment policies and stricter enforcement of them may help prevent lawsuits.

What Potential Penalties Do Employers Face in NY Discrimination Cases?

Potential Penalties that Employers Face Financially

The recent amendments enable an employee, who wins an employment discrimination case against an employer, to receive punitive damages.

What are punitive damages? A court can award punitive damages in a civil lawsuit to punish the defendant or deter the defendant’s future engagement in the same type of conduct. These are monetary amounts that the defendant must pay to the plaintiff and are also called exemplary damages. Courts award such damages in addition to other damages awarded in a case. In most cases, courts award punitive damages when the conduct is willful and intentional. (Cornell Law)

Recovery of Attorney’s Fees

Another potential monetary penalty that employers face if the plaintiff wins the case is a penalty of having to pay the plaintiff’s attorney’s fees. However, the same is not true if the employer (as the defendant) wins the case. The court will only have the employee pay the employer attorney’s fees if it can be proven that the action or proceeding filed by the employee was a frivolous lawsuit.

Read More

Seek Legal Advice and Representation

Employers can often avoid disputes and lawsuits. At Stephen Hans & Associates, our attorneys advise employers about making changes in employment agreements and other employment related policies. We also represent employers in employment litigation.

THE NEW ANTI-DISCRIMINATION LAWS ARE IN

WHAT YOU NEED TO KNOW AS BOTH AN EMPLOYER AND EMPLOYEE

THE NEW ANTI-DISCRIMINATION LAWS ARE IN

As I previously blogged on the topic, the New York State Senate and Assembly passed an omnibus bill that completely overhauls New York State’s dated and out of touch anti-discrimination laws, and in the process uprooted deeply engrained precedent upon which employers have relied for decades in defending harassment claims.  This is good news for employees seeking to hold their employers liable for acts of harassment that take place in the work environment, but bad news for employers who will be defending those same claims.

More specifically, Governor Andrew Cuomo signed the bill into law on August 12, 2019, and the various amendments to the New York State Human Rights Law (NYSHRL), the General Obligations Law, the Civil Practice Law and Rules (CPLR), and the New York Labor Law (NYLL) will take effect as follows. Read More

As always, we at The Van De Water Law Firm is your local resource for all your legal needs, including prosecuting and defending claims of discrimination and sexual harassment in the workplace.  Call now for a free evaluation and consultation at (631) 923-1314, or email us at Chris@VDWLawFirm.com.  You can also visit us on the web .

Breast Cancer Awareness Month

Increase Breast Cancer Awareness and Schedule your Exam Today

breast cancer awareness month Each year, October brings about one of the most important awareness campaigns, breast cancer awareness month.  Breast Cancer is an extremely common form of cancer, specifically for women.  One way October looks to spread awareness is by encouraging women to get mammograms.  Mammograms are an immensely important aspect of self-care for both you and your breasts.  Knowing what to expect can make the experience much more palatable, whether you are a first timer, or an experienced veteran.

One vital aspect of a mammogram is the preparation for the exam.  If possible, you should choose a facility that specializes in the exam.  Furthermore, going to the same facility year in and year out allows for your mammograms to easily be compared, thus providing clearer results.  However, if you are going to a new place, you should bring a record of your previous mammograms.  If you do not have this information readily available, you can contact the other facilities from which you received previous exams and have them sent to the facility you are using this time.  This way, you can still have your exams compared.  Another important aspect of preparation involves scheduling your exam.  You should avoid scheduling your exam when your breasts are tender or swollen to help reduce discomfort as well as get good pictures.  Try to avoid the week just before your period.  Additionally, you should avoid wearing deodorant on the day of your exam.  In fact, some deodorants contain chemicals that show up as white spots on your x-ray.  However, you should bring your deodorant with you so you can apply it immediately after the test takes place. Don’t be afraid!  Remember, only two to four in 1,000 screenings lead to a diagnosis of breast cancer.

breast canser awarenessAlthough it may be uncomfortable, you should discuss any recent changes or problems in your breasts before scheduling your mammogram.  This means disclosing any pertinent medical history that could affect your breast cancer risk such as surgery, hormone use, breast cancer in your family, or if you have had breast cancer before.  You should also inform the technologist if you are breast feeding, pregnant, or think you might be pregnant.  These conditions could affect the results of the test.  When you are undergoing the actual exam, there are a few things you should expect.  First, you need to undress above the waist but, you will be given a wrap to wear.  Don’t worry, you and the technician are the only ones who will be in the room.  In order to get a high-quality picture, your breast will be flattened.  In order to do this, the technologist places your breast on the machine’s plate.  The plastic upper plate is lowered to compress your breast for a few seconds while the technologist takes the picture.  While the compression only lasts a few seconds, the whole procedure takes about 20 minutes.  It is possible to feel discomfort during compression.  Don’t be alarmed!  If you feel discomfort, tell the technician immediately, and they will adjust the test accordingly.

On occasion, you may need a diagnostic mammogram.  A diagnostic mammogram is often done if a woman has breast symptoms or if a change is seen on a screening mammogram.  While a normal mammogram typically presents two views of the breast, a diagnostic takes more pictures, focusing on the area that looked different on the initial mammogram.  During the exam, the various images are checked by the radiologist so that more pictures can be taken if needed.  In some cases, special images known as spot views or magnification views are used to make a small area of concern easier to see.

cancer awareness ribbonAfter you have had your mammogram exam, you should hear from your health care provider within 10 days.  If you haven’t heard within 10 days, do not assume that the test was normal.  In this case, you should call the facility where your exam was performed.  After your exam, a full report of the test will be sent to your health care provider.  You will also receive, if you went to a mammography clinic, an easy-to-understand summary of the results within 30 days, or as quickly as possible, if the results suggest cancer.  If you want the full written, mammogram report as well as the summary, you need to ask for it.  This October, do your part and get a mammogram.  A simple 20 minute test could just save your life!

 

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Should College Athletes be Paid for the Use of Their Likenesses?

Legal Backdrop to Ed O’Bannon’s Lawsuit Against the NCAA and the California Fair Pay to Play Act

ED O'BANNONIn 2008, Ed O’Bannon, the former All-American UCLA power forward, happened to see his likeness on a video game which he had never authorized or been compensated for, so he sued. He became the lead plaintiff in an antitrust suit1 against the National Collegiate Athletic Association (NCAA), the maker of the video games, Electronic Arts, and the company which licensed the trademarks of the NCAA and a number of its member schools for commercial use. Sam Keller, the former starting quarterback for the Arizona State University and University of Nebraska football teams also saw his likeness on a video game, made similar claims, and the cases were joined together (consolidated) by the federal judges because they involved such similar issues.

What Does “Antitrust” Lawsuit Mean In This Context?

Antitrust suits claim violations of the Sherman Act2, which forbids any agreement or conspiracy in restraint of trade or commerce.  A clear example of this would be a secret agreement between all manufacturers of a certain product not to sell that product below a certain minimum price, which would take away any incentive for the manufacturers to lower the price to compete with one another, maintaining the price at an artificially high level. O’Bannon claimed that the NCAA, by imposing its amateur athlete eligibility rules, restrained free trade and commerce by not allowing the athletes to receive any compensation under the threat of being disqualified to play. Only the NCAA rules and the agreements between these companies prevented them from being paid. They would otherwise have a clear right to be paid for this under the established rules of commercial law.

What Happened in O’Bannon’s Case? Read More

What Happened After O’Bannon’s Case?

Blame the NCAA not O’BannonVideo games using the likenesses of college athletes became unavailable. While O’Bannon’s lawsuit was widely blamed for this, it was reported that the video game company would have been happy to negotiate with the players, but did not do so because they feared the NCAA would stop dealing with them or sue them. See, Blame the NCAA not O’Bannon

In deciding how much O’Bannon’s attorneys should be awarded in fees after winning the lawsuit, the federal magistrate judge noted that the NCAA was a behemoth organization, and likened suing them to the game of thrones: You win or you die.

What does the New California Law Say?

It would allow college athletes in California to sign endorsement deals; earn compensation based on the usage of their name, image and likeness without no dollar amount limit, and sign all types of licensing contracts, but it would obviously not allow them to be paid for actually playing. This law says that the NCAA cannot enforce its amateur eligibility rules insofar as they prevent college athletes from doing these things.

Is the California Law Likely to Pass?

Yes – It passed unanimously in the California State Assembly, it is expected to pass in the state Senate, and Governor Gavin Newsom is expected to sign it. It is anticipated that it will go into effect in January 2023.

What Has the Reaction to This Law Been So Far? Read More

New York State: Read More

New York State Senator Kevin Parker has introduced a bill that would not only allow college athletes to earn money from their names, images and likenesses, it would require each college to take 15% of the revenue earned from ticket sales and to pay it to student athletes. I’m sure you’ll be hearing similar things in state legislatures all over the country soon.

LeBron James answered the NCAA very well in his tweet:

LeBron-James-NCAA

LeBron James✔@KingJames

Or…….because of this bill, you can work with everyone to create a national policy that is fair to the athletes.

[1]Edward O’Bannon, et al. v. National Collegiate Athletic Ass’n, U.S.D.C. NDCA, 2016 U.S. Dist. LEXIS 44131, Case 09-3329-CW,

[2] 15 USCS § 1 et. seq.

[3] See, Joseph N. Crowley, In the Arena: The NCAA’s First Century 2 (2006), available at

[4] The Intercollegiate Athletic Association was formed in 1906 and changed its name to NCAA in 1910.

[5] O’Bannon v. NCAA, 739 Fed. Appx. 890.

How Dangerous Is Texting While Driving Compared with Drunk Driving?

Why Texting While Driving May Be More Dangerous than DWI

It may come as a surprise that texting while driving is more worrisome to the majority of drivers than drunk driving. This is true despite the fact that statistics show that drunk drivers kill more people than drivers who are texting.

Survey and Facts About Texting While Driving

Cambridge Mobile Telematics conducted a survey on more than 700 drivers regarding distracted driving. Results showed that 63 percent of the participants worried more about distracted drivers than drunk drivers.

The following statistics also provide vital information:

  • Distracted drivers kill an estimated nine people in vehicle crashes every day.
  • Approximately 3,285 deaths occur every year due to texting while driving accidents.
  • The average sober driver takes .54 seconds in reaction time to hit the brake.
  • Drunk drivers react more slowly and the slower reaction adds four more feet before hitting the brake.
  • Texting drivers react even slower than drunk drivers and their slower reaction adds 70 feet before braking.

texting while driving

Reported Accidents

Today all state legislatures have enacted drunk driving laws. It took years of campaigns, including Mothers Against Drunk Driving and other efforts along with public demand to eliminate for laws to emerge. All states now have blood alcohol content limits. Breathalyzers and sobriety tests are legal means to identify drivers who are intoxicated.

In 2016, there were 10,497 people who died as a result of drunk driving accidents. This number is greater than the number of reported deaths due to distracted driving.

However, there is no system in place to detect distracted driving the way there is with drunk driving. Distracted driving is much more difficult to detect and to report.

A Comparison of Laws

Laws for texting while driving are not nearly as stringent as drunken driving laws. All states now have no texting while driving laws. For mobile phones, many states, but not all, have hands-free laws. Despite the laws, the survey revealed that 75 percent of drivers see other drivers on their phones.

In New York, a first DWI offense is a misdemeanor, and penalties include the loss of driving privileges, fines and possible jail time. Penalties are much greater for subsequent DWI offenses.

By comparison, texting while driving carries a fine of $200 and points added to the driving record for violation. There is no license suspension and no jail time.

What to Do if You’re in a Crash Caused by a Distracted Driver

If you have been in a serious car crash and the other driver was at fault due to texting while driving, get legal help right away. Lawyers offer free consultations to evaluate your case. There would be no out-of-pocket expenses. When the attorney succeeds through settlement or verdict, the attorney’s fee is a percentage of the compensation.

Details of the NY Anti-Sexual Harassment Law for 2019

The New NY Anti-Sexual Harassment Law: What Employers Should Know

sex harassmentAdditional New York State anti-sexual harassment law protections came into existence in August 2019.

Under the new law, sexual harassment only has to rise above the level of “petty slights or trivial inconveniences,” which is a much lesser burden of proof. This change will make it much easier for victims to come forward and file a lawsuit against employers. By comparison, under the previous law, the plaintiff would have to prove that sexual harassment was “severe or pervasive.”

When Does the New Law Go into Effect? Read More

Who Does the New Law Affect and How? Read More

How Do the Changes Affect Employment Agreements? Read More

How Are All Individuals in the Workplace Protected?

The new law extends protection beyond private company or government employees and offers protection to the following people in the workplace:

  • Contractors
  • Subcontractors
  • Vendors
  • Consultants
  • Other individuals providing services pursuant to contract
  • An employee of such a contractor (contractor, subcontractor, vendor, consultant or other person providing services)

How Does the New Law Affect an Employer’s Liability and Responsibilities?

All employers will need to investigate complaints and take corrective action or face liability for the failure to do so.

The extent of the employer’s control over the harasser in cases involving non-employees is also a consideration when reviewing the case.

In addition, all state contractors when submitting bids for work most also submit certification that written policy addressing sexual harassment prevention in the workplace has been implemented. Contractors must also show that all employees receive annual sexual harassment training.

(References: New York State Bar Association articleNew York Post)

Stephen Hans & Associates assists employers in complying with employment laws and represents them in employment disputes.

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