Copyright Small-Claims Court As we discussed in a previous alert, the Copyright Alternative in Small-Claims Enforcement (CASE) Act, passed in 2020, created a Copyright Claims Board (CCB) within the US Copyright Office. This board, which will be similar to a small-claims court, will hear claims of copyright infringement, actions for declarations of noninfringement, and abuses of the Digital Millennium Copyright [...]
When you have a dispute with someone, your first thought may be, “I’ll sue that $#@*&^%!” but this may not be the best option. Litigation is a stressful, time-consuming, slow, and expensive way to resolve a dispute. This means that, even without all the slowdowns caused by the COVID-19 pandemic, settling a dispute is often preferable to resolving the matter [...]
Customer Reviews Last month, the Federal Trade Commission (FTC) settled charges it brought against Fashion Nova, LLC for engaging in deceptive practices by concealing negative customer reviews. The FTC alleged that the California-based online retailer represented that the product reviews on its website reflected the views of all reviewers, when in reality, it was hiding bad reviews. Fashion Nova used [...]
Oregon’s Workplace Fairness Act In late March, Governor Kate Brown signed into law a bill that amends Oregon's Workplace Fairness Act to further restrict what an employer is permitted to request in certain settlement or separation agreements with employees, effective January 1, 2023. Among other things, the Workplace Fairness Act (WFA) currently restricts employers from requesting confidentiality and non-disparagement provisions [...]
You’re angry. Your employer fired you, or your neighbor plays loud music every day, or you slipped walking into the grocery store. Should you sue? Maybe not. Before filing a lawsuit, there are a number of things you should think carefully about, including these risks. 1. No matter how good your case appears to be, you might lose. 2. Even [...]
Gruyère cheese has been made in Switzerland since 1115 and in France for hundreds of years. Several years ago, Swiss and French industry groups filed an application with the US Patent and Trademark Office to register GRUYERE (no accent mark) as a certification mark for cheese originating in the Gruyère region of Switzerland and France. Switzerland and the EU have [...]
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Last week, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which became effective immediately, on March 3, 2022. This law amends the Federal Arbitration Act to give employees bound by arbitration agreements with their employers the right to sue over claims of sexual assault [...]
Last year, the US Department of Labor (DOL) collected $234 million in back wages for employees that it determined were not paid in accordance with the Fair Labor Standards Act (FLSA). That law, as well as the laws of most—if not all—states, classifies employees as either "exempt" or "nonexempt" from minimum wage and overtime provisions. Nonexempt employees are entitled to [...]
Our office often receives scam trademark and corporate notices through the US Postal Service. Because of the prevalence of such scams, you should always read what appear to be official notices extremely carefully. Scam requests typically look like invoices or letters, often containing false due dates or threats about loss of rights if you do not send payment now. Sometimes [...]
Did you know that your failure to retain all relevant materials after litigation is “reasonably anticipated” could result in you being fined or sanctioned by the court? You may even lose the case as a result of failure to preserve evidence. In one cautionary example, a federal court imposed a $10,000 fine on defendants who failed to preserve relevant text [...]
