A business can always tout the qualities of its products or services, but those representations must be true. Most states have consumer protection laws that, among other things, impose fines and other legal sanctions on businesses that engage in misleading advertising. Similarly, the Federal Trade Commission (FTC) polices businesses that are engaged in interstate commerce. If your business activity extends [...]
Two weeks ago, Oregon Governor Kate Brown signed Senate Bill 169, which modifies Oregon’s statutes relating to noncompetition agreements. Minimum Salary Requirement When this new law becomes effective next January, a noncompetition agreement will be void unless the employee makes at least $100,533 a year in gross salary plus commissions. This figure will be adjusted annually for inflation. Under the [...]
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 [...]
We frequently get questions from our clients about requests for payment of registration, publication or renewal fees for corporate, domain name and intellectual property filings. Requests may also be received for monitoring fees or the preparation of minutes. The scam requests typically look like invoices or letters, often containing false due dates or threats about loss of rights if you [...]
Earlier this year, we notified you that the US Department of Labor (“DOL”) had published a final rule simplifying the standards relating to the classification of workers as employees or independent contractors for purposes of the Fair Labor Standards Act (FLSA). The DOL has now said that those standards were “in tension with the language and purpose of” the FLSA. [...]
Choosing a trademark may be more difficult than you think. You might be focusing on the catchiness of the name, but there are legal considerations that should be considered as well, such as the possibility of infringing some other trademark. People often think that if they aren't aware of anyone else using the same trademark, it's okay. They may rely [...]
Last month, President Biden signed into law the American Rescue Plan Act of 2021 (ARP), which, effective April 1, 2021, grants tax credits to eligible employers that reimburse them for the cost of providing paid sick and family leave to their employees due to COVID-19. The ARP tax credits are available to eligible employers that pay sick and family leave [...]
Last month, the U.S. Tax Court held in Ward v. Commissioner that payments to a taxpayer from the taxpayer's S corporation (“S corp”) were wages, not distributions of profit. Lateesa Ward is an attorney who formed a small law firm organized as an S corporation. Generally speaking, the owners of an S corp are taxed on their pro rata shares [...]
Last week, the US Supreme Court decided Google LLC v. Oracle America, Inc., a copyright infringement case. Oracle owns a copyright in Java SE, a computer platform that uses the Java computer programming language. In 2005, Google acquired Android and wanted to build a new software platform for mobile devices. So that programmers familiar with the Java programming language would [...]
You may have heard about the “Satan Shoes” created by rapper Lil Nas X in collaboration with the MSCHF clothing brand. The limited-edition shoes, which began as ordinary Nike Air Max 97 running shoes, sold out in less than one minute despite costing $1,018 a pair. In addition to the Nike swoosh on the side and tongue of each shoe, [...]
