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What Exactly Is A Trademark?

A trademark is the legal term for what is commonly known as a brand. It is a word, phrase, symbol or design (or any combination of these) that identifies and distinguishes the source of the goods of one party from those of others…more

NY Financial Regulators Push Institutions to Tighten Cybersecurity

Following a string of publicly disclosed cyberattacks against both retailers and financial institutions, New York's top financial regulator called on the financial sector to be more proactive in its cybersecurity efforts. A letter…more

Year-End Action Item: Section 125 Cafeteria Plan Amendments

Employers that permit employees to pay for certain benefits, such as health coverage, on a pre-tax basis under an Internal Revenue Code Section 125 plan (also known as a “cafeteria plan”) may be required to make the following…more

Buzzed Driving & Drunk Driving Accidents Increase During Holiday Season

A new study released by UC San Diego reveals that “minimally buzzed” drivers – including those with a very low 0.01 blood-alcohol level (which is well below the legal limit of 0.08) are often to blame for fatal car crashes. According…more

The Continuing Far Reach of the False Claims Act

Since 2009, when Congress preserved and expanded the reach of the False Claims Act (“FCA”) through the Fraud Enforcement and Recovery Act (“FERA”), Government contractors have seen a vast increase in FCA lawsuits and questions continue…more

Goodfellas Actor Files Suit Over a Character from The Simpsons: The Limitations on Rights of Publicity Claims

On October 21, 2014, Frank Sivero, an actor who played Frankie Carbone in Goodfellas, filed a $250 million lawsuit against Fox and Abram Groening, the co-creator of The Simpsons, claiming that the wiseguy “Louie” character on The…more

[Video]IP|Trend: Inter Partes Review: What to Consider When Filing Your Petition

Inter partes review (IPR) process is now over two years old. What did we learn from the process and procedures, and what has and hasn’t worked? Attorneys Seth Northrop and Cyrus Morton discuss the issues that parties should consider…more

Emotional Support Animals: Access or No Access to Public Accommodations?

A recent article in The New Yorker (“PETS ALLOWED: Why are so many animals now in places where they shouldn’t be?” October 20, 2014) highlights the disconnect between perception and reality when businesses must deal with patrons…more

EEOC Issues FY 2014 Performance Report

On Tuesday, the Equal Employment Opportunity Commission released its annual performance evaluation covering the prior fiscal year which ended September 30. The EEOC received 88,778 private sector charges in FY 2014, a decrease of about…more

Minnesota National Guard to Fight Ebola in Liberia

Last week, Defense Secretary Chuck Hagel ordered nearly 700 Minnesota National Guard members to deploy to Liberia this spring to help fight the Ebola epidemic. The citizen-soldiers are scheduled to start training in March with an…more

CFTC Proposes Important Clarification on Forward Contracts with Embedded Volumetric Optionality

The CFTC has published an important proposed clarification to its seven element test regarding forward contracts with embedded volumetric optionality (EVO). The proposed interpretation provides that a contract for deferred delivery of…more

CFPB Fines Mortgage Lender for Violating Loan Originator Compensation Rule

On November 13, the CFPB ordered a residential mortgage lender to pay $730,000 for violating the Loan Originator Compensation Rule. According to the complaint filed by the CFPB, from June 2011 to October 2013, the mortgage lender paid…more

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Contributor Spotlight

Belfint, Lyons & Shuman, P.A. is one of the largest and most established certified public accounting and consulting firms in Delaware. By remaining focused on the importance of building long-standing…

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