Feb 23, 2017

FYI – לידיעתך


This is a true story. The names have been changed for purposes of confidentiality. I debated with myself about whether or not to write a newsletter piece on this transaction. However, the matter was of such a nature, and the consequences so dramatic, that the story needed to be shared. What was at stake was… Read more

Feb 1, 2017

U.S. Patent and Trademark (PTO) Office Rules and Regulations Change


The PTO has amended its rules, effective February 17, 2017, with respect to the examination of affidavits/declarations of continued use in commerce/excusable nonuse filed pursuant to Sections 8 and 71 of the Trademark Act. Under the new rules, the PTO may require submission of information, exhibits, affidavits or declarations, and such additional specimens of use… Read more

Feb 1, 2017

New York DFS Issues First in the Nation Cybersecurity Regulation


The New York Department of Financial Services (“DFS”) recently issued proposed cybersecurity requirements for financial services companies.  The proposed regulation would be codified at 23 NYCRR 500, and would be effective March 1, 2017. This action, which places New York squarely in the vanguard of US regulators, will have wide-ranging effects given the number of… Read more

Jan 30, 2017

Is your Company’s Drug Testing Policy compliant with OSHA’s New Rules?


Authored by Darren Rowles and Scott Cahalan Occupational Safety & Health Administration (“OSHA”) requires that employers inform employees about how to report occupational injuries and illnesses.[1]  OSHA recently updated its rules to clarify that the reporting method required by employers must include (1) a “reasonable procedure” for employees to report work-related injuries and illnesses, and… Read more

Jan 26, 2017

Court of Appeals #12


The Court of Appeals started the 2016/2017 Term with the issuance of a far-ranging assortment of decisions addressing the standing of an unmarried partner to seek custody or visitation privileges, in the absence of a biological or adoptive relation to the child; whether the acquisition of a note was champertous; the obligation of a youth… Read more

Jan 19, 2017

Attorney Fees Awards in Lanham Act Cases


On October 24, 2016 the Ninth Circuit joined the Third, Fourth, Fifth and Sixth Circuits in applying the fee-shifting ruling of Octane Fitness LLC v ICON Health & Fitness Inc, 134 S Ct 1749 (2014), to a Lanham Act case – SunEarth Inc v Sun Earth Solar Power Co, DC 4:11-cv-04991-CW (9th Cir 2016). The… Read more

Dec 27, 2016

District of Columbia Council Approves Paid Family Leave


On December 20, 2016, the District of Columbia Council in a 9-4 vote approved one of the nation’s most generous paid family and medical leave laws. The Universal Paid Leave Amendment Act of 2016 (the “Act”) establishes a paid family and medical leave system for private sector employees within the District of Columbia. The Act… Read more

Dec 7, 2016

2017 Estate Planning Update


With 2016 quickly coming to a close and before the holiday parties begin, now is the time to consider your year-end tax planning. Gifts An individual can make gifts free of gift and estate taxes without using any of his or her gift or estate tax exemption of up to $14,000 per person per year. … Read more

Dec 6, 2016

New York City Passes Protections for Freelance Workers


In the first law of its kind in the United States, New York City has passed a local law which establishes a variety of protections for freelance workers. Called “Establishing Protections for Freelance Workers,” or the “Freelance Isn’t Free Act,” the law provides freelance workers with the right to a written contract, and to be… Read more

Dec 6, 2016

ADA ‘Drive By’ Lawsuits On The Rise


The number of ADA accessibility lawsuits being filed is increasing across the nation.  States like Georgia, Arizona, California, Florida, New York and Texas are seeing alarming increases in the number of federal lawsuits alleging violations under Title III of the Americans with Disabilities Act (“ADA”).  Property owners in Georgia have been hit particularly hard with… Read more