The Americans with Disabilities Act (ADA) is a federal law that, among other things, prohibits employers, employment agencies and labor unions from discriminating against those with disabilities. The ADA defines a qualified employee (or qualified applicant) as anyone who can perform the essential functions of the job, either with or without "reasonable accommodations." Reasonable accommodations are modifications provided by an [...]
You've probably seen the viral video of the white woman calling the police on a black man birding in Central Park who asked her to leash her dog (in accordance with park rules). The woman's employer quickly fired her, issuing a public statement that it had done so after an internal review of the incident and that it does "not [...]
Earlier this month, the federal Occupational Safety and Health Administration (OSHA) issued guidance requiring employers to investigate whether employee COVID-19 infections are "work-related" for the purpose of determining whether a record must be made of such infections. Federal OSHA requirements apply to virtually all employers and are in addition to the rules your state, county or city may have. Under [...]
Last week, the US Supreme Court unanimously ruled in Lucky Brand Dungarees v. Marcel Fashion Group that Lucky is allowed to assert new defenses in its decades-long trademark dispute with Marcel. This might not sound very interesting, but it has significant implications for all lawsuits, and especially those involving trademarks. Background of the Dispute The first lawsuit, which Marcel filed in 2001 [...]
As states begin to reopen their economies, employers and employees alike are concerned about the safety risks. Obviously the risks vary greatly from one workplace to another, and some states will issue rules or guidelines for reopening, so this Alert cannot go into the specifics for each type of business in each location. There are, however, some issues that virtually [...]
Last month, the US Supreme Court unanimously ruled in Romag Fasteners v. Fossil Group that a party whose trademark has been infringed does not have to prove that the infringement was willful in order to obtain an award of the infringer's ill-gotten profits. While the Court did reiterate that "a trademark defendant's mental state is a highly important consideration in determining whether [...]
Litigation is always a stressful, time-consuming, slow, and expensive way to resolve a dispute, but the COVID-19 pandemic has delayed this already lengthy process. Many courtrooms are closed. Previously scheduled court appearances, depositions and other deadlines have been extended, sometimes indefinitely. When the coronavirus crisis ends, courts and lawyers will be overloaded with work related to the deferred hearings, pleadings, [...]
Social media, such as TikTok, Twitter, YouTube, Facebook, Instagram and Snapchat, allows us to instantly share images and videos with a large number of people. Unfortunately, when it's so easy to share a photo or video at the click of a button, it's easy to forget that there may be legal consequences, even when you own all of the rights [...]
All but 7 of the states in the US have issued stay-at-home (aka "shelter-in-place") orders. This has resulted in an unprecedented number of employees working from home. With this sudden proliferation of teleworking, businesses need to take extra precautions to protect their valuable trade secrets. A trade secret is anything that (i) gives a business a competitive advantage, (ii) has [...]
In troubled times like these when we're more aware of our own mortality, you may be wondering what will happen to your small business after your death. Now is a good time to begin the process of "succession planning." Surveys show that while most small-business owners plan to sell their businesses to fund their retirement, few have written succession plans. [...]
