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Should You Sue?

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 [...]

By | 2021-05-28T19:16:46+00:00 May 28th, 2021|Categories: Articles|Comments Off on Should You Sue?

Scam Alert

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 [...]

By | 2021-05-24T16:45:26+00:00 May 21st, 2021|Categories: Articles|Comments Off on Scam Alert

Withdrawal of New Federal Rules for Classification of Workers

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. [...]

By | 2021-05-16T18:47:31+00:00 May 14th, 2021|Categories: Articles|Comments Off on Withdrawal of New Federal Rules for Classification of Workers

Does Zkittlez Infringe Skittles?

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 [...]

By | 2021-05-08T19:02:33+00:00 May 7th, 2021|Categories: Articles|Comments Off on Does Zkittlez Infringe Skittles?

The American Rescue Plan Act of 2021

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 [...]

By | 2021-04-30T17:18:39+00:00 April 30th, 2021|Categories: Articles|Comments Off on The American Rescue Plan Act of 2021

Why a Shareholder’s Income from a Small S Corp Almost Always Qualifies as Wages

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 [...]

By | 2021-04-26T20:30:54+00:00 April 23rd, 2021|Categories: Articles|Comments Off on Why a Shareholder’s Income from a Small S Corp Almost Always Qualifies as Wages

Supreme Court Decision Relating to Copyright and Fair Use

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 [...]

By | 2021-04-17T19:02:00+00:00 April 16th, 2021|Categories: Articles|Comments Off on Supreme Court Decision Relating to Copyright and Fair Use

Satan Shoes, Trademark Infringement, and Dilution

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, [...]

By | 2021-04-12T19:51:27+00:00 April 9th, 2021|Categories: Articles|Comments Off on Satan Shoes, Trademark Infringement, and Dilution

Why You Should Register Your Copyrights Now and Why You Should Think Carefully Before Suing for Copyright Infringement

The Importance of Promptly Registering Your Copyrights You may have heard there’s no need to register your copyright because it’s automatically protected. But this is only half the story—you can’t enforce your copyright without either a certificate of registration or a denial of registration from the Copyright Office. Plus, there are a lot of reasons to register all of your [...]

By | 2021-04-04T22:26:26+00:00 April 2nd, 2021|Categories: Articles|Comments Off on Why You Should Register Your Copyrights Now and Why You Should Think Carefully Before Suing for Copyright Infringement

Religious Discrimination in Employment: Updated Guidance from the EEOC

Whether you're an employer or an employee, it's important for you to know about the Equal Employment Opportunity Commission (EEOC) guidelines relating to religious discrimination. The law prohibits covered employers from refusing to recruit, hire or promote individuals of a certain religion, imposing stricter promotion requirements for persons of a certain religion, and imposing more or different work requirements on [...]

By | 2021-03-29T16:14:55+00:00 March 26th, 2021|Categories: Articles|Comments Off on Religious Discrimination in Employment: Updated Guidance from the EEOC