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. [...]
New Federal Sick Leave Law Enacted on March 18, 2020, the Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees to provide paid sick and family leave to employees affected by COVID-19. These businesses will receive corresponding employment tax credits. The Department of Labor ("DOL") has begun to issue guidance for employers and employees. Some information [...]
With the onset of the COVID-19 pandemic, many people find themselves stuck at home, binge-watching Netflix. Fortunately, there are a number of more productive things you can do when you've finished watching all your favorite shows and the cabin-fever sets in. This is a perfect time to take care of some of those legal issues you've never gotten around to. [...]
Impacts of COVID-19 on Intellectual Property Registrations The US Copyright Office has announced that, as a result of the COVID-19 pandemic, the processing of paper applications and the examination of physical deposits will be delayed. It strongly encourages applicants to submit applications online. Special handling claims that are submitted electronically and for which electronic deposits are permissible under the regulations [...]
We take the health and safety of our employees and clients seriously. We are taking the following actions in an effort to minimize any risks: • We are rescheduling all in-person appointments to phone appointments (whenever possible). If you are in the office, we will offer you a sanitized pen for any required signatures or the like. • If you [...]
The CDC recently released guidelines for employers on how to deal with the COVID-19 pandemic. Recommendations include actively encouraging employees to stay home if they have symptoms indicative of COVID-19, that is, any respiratory illness with fever, cough and/or shortness of breath. These employees should not return to work until they are free of fever (100.4° F or greater using an oral thermometer) [...]
