One of the most valuable assets a business has may be its trade secrets, and most businesses have them. 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 [...]
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 [...]
New OSHA Guidelines for Non-Healthcare Workers In July 2021, the Centers for Disease Control and Prevention (CDC) updated its guidance for those who are fully vaccinated, recommending that they wear masks in certain situations. In response, effective August 13, 2021, OSHA updated its guidance to reflect CDC’s July 27th guidance. That is, OSHA now says that all workers, including those [...]
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 [...]
A lot of intellectual property lawsuits arise from the use of photographs on the internet. Many people think that the ease of copying them from another website means it’s legal to re-use them on their own website, blog, or social media post. Others know they can’t do that and rely on licensing photos through stock photo companies and Creative Commons. [...]
After extreme temperatures in the Pacific Northwest caused by the “heat dome” in June, Oregon OSHA adopted an emergency rule designed to protect workers from the dangers of extreme heat. The new requirements, which took effect on July 8, 2021, include access to shade and cool water, regular cool-down breaks, training, communication, emergency planning, and other measures. Similarly, Washington’s Department [...]
Businesses are understandably upset when they discover that someone is posting negative online reviews or other disparaging comments about their products, services or operations on social media. Some companies have tried to protect themselves against negative reviews by adding clauses to their terms of service and other contracts that prohibit customers from making disparaging comments. Other companies take a different [...]
A recent decision by the Trademark Trial and Appeal Board (TTAB) serves as a reminder that you must be careful how you use your trademarks in order to protect them. The TTAB agreed with the US Patent and Trademark Office’s refusal to register a cartoonish image of a llama as a trademark for video-game software because the llama design fails [...]
Last year, in Bostock v. Clayton County, the US Supreme Court held that an employer who fires an individual for being gay or transgender violates Title VII of the Civil Rights Act of 1964, which prohibits sex-based discrimination in employment. The opinion, written by Justice Neil Gorsuch, ruled that “[a]n individual’s homosexuality or transgender status is not relevant to employment [...]
If you or your business hire someone to create work for you, for example, to write a blog post, take some photos, compose a jingle, or design a logo, who owns the copyright in that work? The answer depends upon several factors. Generally, the person who creates a work is considered to be the author of that work under the [...]
