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June 2021
Welcome to readers of Making the Connection!   
In this issue, you will find: 
  • In Focus : EDNY initiates rapid mediation program for trial-ready cases
  • Question of the Month, answering a reader's inquiry about Covid-19 safety requirements for hair salons
  • Case on Point, considering the legal consequences of a literary mash up
  • At the Podium, listing my speaking engagements and public appearances
  • Client Corner, spotlighting client events and announcements
In Focus
EDNY Initiates Mediation Program for Trial-Ready Cases
The federal court for the Eastern District of New York, serving Long Island, Queens and Brooklyn still is not conducting in-person proceedings, including jury trials.  This has resulted in an increased backlog of cases awaiting trial. To reduce the backlog, the court has initiated a Rapid Mediation Program for Trial-Ready Cases. Cases can be referred  to the program by party agreement or judicial referral, and mediations, conducted remotely via Zoom,  will be completed within sixty days.
Question of the Month
This feature answers a reader's question. Please submit proposed questions to
This month's question comes from Marie Marsilio of the Cutting Edge Hair Salon in Commack.
Q: How can a hair salon keep its customers and employees safe and comfortable as New York emerges from the pandemic?

A: Although New York has rescinded masking requirements for fully vaccinated people, it has promulgated specific requirements for beauty salons and other venues perceived as higher risk. These requirements contain specific mandates and guidance related to capacity and social distancing, masks and other protective gear, screening, hygiene and cleaning.
Case On Point
In this month's case, the court considers the legal consequences of a literary mash up.
Dr. Seuss Enterprises v. ComicMix LLC,
(U.S. Court of App. for the 9th Cir. 2020)

Copyright law prohibits the unauthorized copying of a copyrighted work. The fair use defense applies in limited circumstances to foster creativity and expression. The factors governing the applicability of the defense are:
  • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  • the nature of the copyrighted work;
  • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  • the effect of the use upon the potential market for or value of the copyrighted work.
In Dr. Seuss Enterprises v. ComicMix LLC, the trial court found that the fair use defense applied to a literary work mash up in which characters from Star Trek were transported to an imaginary world portrayed in a Dr. Seuss book, making liberal use of the original text and illustrations. The Court of Appeals reversed, finding that all four factors favored plaintiff. The Court rejected the contention that the accused work was either a parody, commenting on the original work, or transformative, creating a work with a new purpose or meaning.
At the Podium
This is a listing of speaking engagements, workshops, events and other public appearances.   At the Podium events are listed on the calendar page of my website. A listing of available presentations and workshops is also posted.   To book me as a speaker or facilitator at your next company, client or association function, contact me at    
  • On September 29, 2021, from 10:45 to 12:15 p.m.,  I will be a presenter at a session on Overcoming Challenges in Virtual Mediation at the 2021 Annual Conference of the Association for Conflict Resolution.

  • I have been accepted to the Queens County Supreme Court Commercial Division Program and Presumptive ADR Program Mediator Panels.

Client Corner
Client Corner features client announcements and events of potential interest to readers.  Some Client Corner events are also listed on the calendar page of my website.    

  • Moxxie Mentoring Foundation, Inc. invites readers to its MoXY Award Fundraiser ­ Honoring Men Who Advance the Careers of Women, on June 15, 2021 from 4:00 pm to 6:00 pm at the Mansion at Oyster Bay. Click here for information and registration. 

  • The next Midday with Moxxie Luncheon will be June 18, 2021 from noon to 2:00 p.m. at Hotel Indigo in Riverhead, New York. Visit for information and registration.

80 Orville Drive, Suite 100 | Bohemia, NY 11716
© 2021, Lisa Renee Pomerantz. All rights reserved.

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