There are a number of reasons an employer might need to conduct a workplace investigation. For example, an employee may complain about workplace discrimination, harassment, violence, or bullying, or an employee may be suspected of wrongdoing, such as theft, drinking on the job, or misappropriation of confidential information. Confidentiality While an employer can (and should) keep investigation-related information confidential as [...]
One of the most valuable assets a business has may be its trade secrets. A trade secret is anything that (i) gives a business a competitive advantage, (ii) has been and continues to be treated as a secret by that business, and (iii) is not generally known in the trade or readily discoverable through public sources. Virtually every business has [...]
The attorney-client privilege is a rule of evidence that protects confidential communications between lawyers and their clients when those communications relate to the clients’ seeking of legal assistance. To qualify for protection, a communication must be confidential. Most employers have policies stating that employee use of computers may be monitored, meaning that use is not confidential. This is why we [...]
OpenAI OpCo, LLC filed an application to register the mark GPT for use in connection with its AI products. Last month, the US Patent and Trademark Office (PTO) refused registration of the mark on the grounds that “GPT” is both “merely descriptive” and “generic.” To be protectable, a trademark must be “distinctive.” This means it must be used to identify [...]
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 could even lose the case as a result of your failure to preserve evidence. How do you know when “litigation is reasonably anticipated?” While there are some grey areas, the filing of [...]
Last summer, the Federal Trade Commission (FTC) issued updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising. It also updated its practical business guidance, FTC's Endorsement Guides: What People are Asking. In early September, we published an Alert about these updates, which you can read here. After the guidance was updated, the FTC sent warning letters [...]
The US Department of Labor (DOL) issued a final rule this week, describing the factors employers should consider when analyzing whether workers should be classified as employees or independent contractors. The new rule will take effect on March 11. This new rule rescinds a 2021 independent-contractor test and returns to the economic-reality analysis traditionally used by the DOL and by [...]
Once again, New Year’s Day brought us more than resolutions, football games, and hangovers. On January 1st, works first published in 1928 that were previously protected by copyright entered the public domain. Once a work becomes part of the public domain, anyone can reproduce it or create derivative works based on it, and then sell those reproductions or derivative works. [...]
Although the estate and gift tax exemption for 2023 is $12.92 million per person, meaning a married couple can pass $25.84 million tax-free, this is only temporary. The exemption will automatically revert to $5 million (adjusted for inflation) in 2026 if Congress doesn’t make any changes before then. While there’s no way to know now what revisions (if any) will [...]
Happy holidays from all of us here at the Duboff Law Group. Wishing you the best for the holidays and a healthy, joyful, prosperous new year!
