Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

The Battle of the Kylies Over the “Kylie” Trademark

In one corner, you have the 19-year-old breakout star of the Kardashian/Jenner clan, Kylie Jenner, who is making a name for herself with her cosmetics and fashion empire. In the other corner, you have the 48-year-old singer…more

Senegal's New Mining Code

Senegal has officially introduced its new mining code, which has been a work in progress since 2012 when proposals were first made to revise the former mining code introduced in 2003. In recognising the potential that the mining…more

Improving the Examiner Interview with a Little Psychotherapy

Wandering through the aisles of iTunes for interesting podcasts, I came across several on psychotherapy. Wow, I thought to myself; I can sure use these! Many of them are hosted by women who have nice voices and who interview other…more

Give me…“Separability!” Supreme Court Holds Cheerleading Uniform Designs Copyrightable

The Supreme Court, in Star Athletica, L.L.C. v. Varsity Brands, Inc., 580 U.S. ___ (2017), resolved “widespread disagreement” among the circuits, and adopted a single test to determine the copyrightability of designs incorporated in…more

The “El Niño” Effect In Peru, Can Anything Be Done?

After a period of severe drought, per recent news reports the “El Niño” effect is bringing heavy rainfall on Peru´s Northern coast causing overflowing of rivers, mudslides and flooding. This is the worst such disaster since 1997 and…more

Commonwealth Court Dismisses Pennsylvania Attorney General’s Lawsuit against Golden Living

Many nursing home operators have been closely watching the litigation between the Pennsylvania Office of Attorney General (“OAG”) and the Golden Living chain of skilled nursing facilities. On March 22, 2017, the Commonwealth Court…more

Three Stripes and You’re Out

On March 17, Adidas American, Inc. sued Juicy Couture, Inc., in the District of Oregon (3:17-cv-00437), alleging trademark infringement, unfair competition, trademark dilution, deceptive trade practices, and breach of contract. This…more

Rules of Succession in Dubai

What law governs? The main source of law in the UAE is Sharia in which all laws are formulated and based on. It is considered a public order. The governing law for succession in the country is UAE Federal Law No. 5 of 1985 or the…more

Supreme Court Completely Endorses Critical Vendor Theory! Well, Not Completely. But Almost!

We at the Bankruptcy Cave are not very surprised by the ruling yesterday in Czyzewski v. Jevic Holding Corp. The Supreme Court in Jevic reviewed a Bankruptcy Court’s decision to approve a settlement (with a distribution of proceeds…more

The De-Lawyering of Law Firms

The new law firm’s “engine room” is not comprised of collected lawyers, but of collected legal expertise, applied to client needs through the use of systems, processes, technology, and expert professionals, as well as of lawyers…more

Advertising Law - March 2017 #3

Stop Pulling My Leg: Pully Block Systems Not “Made in USA” - A distributor of pulley block systems agreed to stop making what the Federal Trade Commission said were false, misleading and unsupported claims that its products are…more

Third Circuit Finds Title IX Provides a Remedy for Sex Discrimination in Fully Funded Educational Institutions

The Third Circuit Court of Appeals has again created a circuit split by disagreeing with decisions from the Fifth and Seventh Circuit Courts of Appeals, which have held that Title VII of the Civil Rights Act of 1964 provides the…more

Perspectives for Employers on the Proposal for Health Reform About to Be Voted on in the House

Congress is scheduled to vote on the revised proposal to “repeal and replace” the Affordable Care Act (the ”ACA”). This bill is currently called the American Health Care Act of 2017 (the “2017 Bill”). It is important to remember that…more

Restrictions on collective redundancies of Saudi nationals

As part of the Kingdom of Saudi Arabia's wider Saudisation initiative, new legislation has been bought into force which prohibits employers from collectively dismissing its Saudi national employees without prior approval from the…more

Amendments to the civil legislation re the institute of invalidity of transactions

The Law of 27 February 2017 - The law of 27 February 2017 introduced very important amendments to the civil legislation, which entail significant consequences, both for future transactions and for transactions made in the past…more

Hip, Hip, Hooray for Copyrightable Decorative Elements

After months of standing on the sidelines of the most closely watched case impacting the fashion industry in recent years, legal practitioners and fashion designers now have a framework for protecting decorative elements of apparel…more

Classic Car Accidents and Seat Belts

Woodland Hills Personal Injury Attorney Barry P. Goldberg sees all sorts of classic cars on the road in California, but how many do you think have seat belts? Are they required? Believe it or not, older vehicles may not require seat…more

Court Finds Taxi Cab Company Vicariously Liable for Taxi Driver’s Negligence

Emanuele Secci v. United Independent Taxi Drivers, Inc. - Court of Appeal, Second Appellate District 8 Cal.App.5th 846 (February 15, 2017) - The California Court of Appeals reinstated a jury verdict of $335,000 after it…more

Hague Securities Convention to Enter Into Effect in the United States - Choice of Law in Respect of Securities Held by Intermediaries in a Securities Account

On April 1, 2017, the Hague Securities Convention — or by its actual name, the Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary — will enter into effect in the United States. The…more

Gender pay gap reporting: What counts as 'pay'?

Two weeks from today, 5 April 2017, marks the 'snapshot' date for which employers who are in scope need to collect the raw data on which to calculate their mean and median gender pay and bonus gaps. Employers will be required to…more

This Week In Securities Litigation

The number of settlements in securities class actions increased last year, according to Cornerstone Research. That fact, along with a finding that the amount of those settlements also increased, is detailed in the firm’s latest report…more

Federal Court in Los Angeles Dismisses Website Accessibility Claims

On March 20, 2017, a federal district judge in Los Angeles granted Domino’s Pizza’s motion to dismiss a website accessibility lawsuit in a ruling that raises hopes for those battling the massive wave of web accessibility litigation and…more

Maine Law Court Charts Different Course for Age Discrimination

It is not often that the Law Court interprets the Maine Human Rights Act (MHRA) differently from its federal counterparts. In a recent decision, though, the Law Court did exactly that – it held that the standard for evaluating claims…more

The D.C. Circuit Vacates NLRB Ruling on Driver Status in FedEx Case

In early March 2017, the D.C. Circuit in FedEx Home Delivery v. NLRB, 2017 U.S. App. LEXIS 3826 (D.C. Cir. 2017) vacated a National Labor Relations Board (“NLRB” or “the Board”) ruling that Connecticut FedEx drivers constitute…more

United States Supreme Court Confirms Works of Art Incorporated Into Useful Articles Are Protected Under Copyright Law

Copyright law has long provided protection for original works of art. There has been some uncertainty as to whether this protection is extended to artistic features that are incorporated into useful articles, which are not protected…more

“The freezing trucker” and Gorsuch’s heart of ice: A micro-fiction

It was a bleak and frigid night on I-88 somewhere in northern Illinois. The icy wind whipped across the flatlands, grazing the endless rows of white, brittle remains of lastScreen Shot 2017-03-23 at 6.09.47 PM year’s corn crop. The…more

Disclosure Only Settlements - the Effect of Choice of Law

The Delaware Courts took a significant step in 2016 to reduce the filing in Delaware of lawsuits aimed at procuring disclosure only settlements (meaning settlements that involve only the provision of additional information surrounding…more

Quantity - Not Quality - Counts for Patent Infringement: More Than One Component of an Invention Must be Supplied for Patent Infringement

The U.S. Supreme Court recently held in a recent decision in Life Technologies Corp v. Promega Corp. that the "supply of a single component of a multicomponent invention for manufacture abroad does not give rise to § 271(f)(1)…more

Equity Incentives Update - Spring 2017

Welcome to issue 1 of our Equity Incentives Update, dedicated to keeping companies informed about legal and regulatory developments affecting share-based incentives. In this issue we cover... Please see full Publication below…more

DFARS: Safeguarding Covered Defense Information and Cyber Incident Reporting

Data protection and cybersecurity have been receiving ever-increasing attention within the U.S. federal government. Last October, the DoD issued two final rules that changed the U.S. Department of Defense (“DoD”) Federal Acquisition…more

The cost of non-compliance

Thames Water has received a record £20.3 million fine for water pollution. The fine is ten times higher than the previous largest fine of £2 million (given to Southern Water in December 2016)…more

USCIS Publishes Rule for International Entrepreneurs

On January 17, 2017, the United States Citizenship and Immigration Services (USCIS) published the final rule for international entrepreneurs. The rule takes effect on July 16, 2017. Under the rule, entrepreneurs will be considered for…more

Do You Deserve Business Development Training?

The days of paternalistic law firms maintaining client-less lawyers at their longtime compensation levels (or at all) is over…more

National Academies Report Finds Future Biotechnology Products May Overwhelm Agencies

On March 9, 2017, the National Academies of Sciences, Engineering, and Medicine (National Academies) published a report entitled Preparing for Future Products of Biotechnology, prepared by the Committee on Future Biotechnology Products…more

Want To File A Derivative Suit? You May Soon Be Required To Read Statutes

I have been writing recently about SB 203, a bill that is now pending in the Nevada legislature. As introduced, the bill would, among other things, require the following..…more

Supreme Court Holds Laches Is Not a Defense to Patent Infringement Damages

On March 21, 2017, in SCA Hygiene Products v. First Quality Baby Products, LLC, the Supreme Court overturned long-standing Federal Circuit law regarding the defense of laches, holding that laches is not a defense to damages for patent…more

Fashion Law Newsletter - March 2017

"Fashions fade, style is eternal." - Yves Saint Laurent - Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In this issue we touch on…more

UK Regulator Publishes Draft Guidance on Treatment of Politically Exposed Persons

The Financial Conduct Authority has published draft Guidance on the treatment of politically exposed persons under the UK draft Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017..…more

Electronic signatures: are we getting there?

Despite the availability of a wide variety of technology solutions which allow parties to use electronic signatures with a level of certainty comparable to that of using handwritten signatures, and the existence of a legal framework…more

Spokeo and the TCPA: Mere Receipt of Fax with Non-Compliant Opt-Out Notice is Not “Concrete Injury”

In ARcare v. Qiagen N. Am. Holdings, Inc., No. CV 16-7638 PA (ASX), 2017 WL 449173, at *1 (C.D. Cal. Jan. 19, 2017), the district court granted the defendant’s motion to dismiss a TCPA class action, finding that the simple receipt of a…more

V-I-C-T-O-R-Y for the Fashion Industry: SCOTUS Establishes Uniform Test for Protection of Artistic Works Applied to Apparel

The overall design (such as the shape and cut) of a garment, bag or shoe is not protectable under current U.S. Copyright law because such items are considered “useful articles.” However, Section 101 of the Copyright Act provides…more

New regulation tightens Vietnam sovereign guarantees

A new regulation took effect from 1 March 2017 on Vietnam sovereign guarantees for loans, commonly referred to as MOF Guarantees. Decree 04 imposes more stringent conditions on the issuance of MOF Guarantees compared with its…more

Nevermind About Internet Cafes…

Jacksonville attorney Kelly Mathis got some good news this week: State prosecutors have decided not to retry him on more than one hundred charges for gambling-related offenses. The State brought the charges against Mathis and fifty-six…more

DOJ Releases Guidance on Compliance Programs

In February 2017, the Fraud Section of the Department of Justice’s Criminal Division published guidance on how it assesses corporate compliance programs. This is the first formal guidance issued by the Fraud Section under the Trump…more

Trade Associations Ask OMB to Review EEO-1 Pay Data Report

Over the last couple of weeks, much of the media in Washington, D.C., has turned its attention to the new director of the Office of Management and Budget (OMB), former South Carolina congressman Mick Mulvaney. This is because Mulvaney…more

GAO Reports On Government Contracting Trends

On March 8, 2017, GAO issued a report on government contracting trends from fiscal year (“FY”) 2011 through FY 2015. FY 2015 was the latest year for which there was complete data available at the time of GAO’s review. Using data from…more

Abbvie Files Amicus Brief in Amgen V. Sandoz Supreme Court Case

On February 17, 2016, we reported that Amgen and Sandoz had both petitioned the U.S. Supreme Court for review of the Federal Circuit’s decision in Amgen v. Sandoz, each seeking to advance their respective positions on whether the BPCIA…more

BREAKING: Connecticut Supreme Court Rules Restaurant Cannot Apply Tip Credit to Pizza Delivery Drivers

The Connecticut Supreme Court, in a unanimous decision that will be officially released April 4, 2017, has ruled that employers may not use the “tip credit” for pizza delivery drivers and therefore, the employees must be paid the…more

Advocacy in E-Discovery More Important Than Ever

In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise clients on options for storage and…more

Tenth Circuit Rejects Broad EEOC Subpoena in Single Employee Discrimination Charge

The scenario is familiar to employers responding to a Charge of Discrimination filed with the Equal Employment Opportunity Commission (EEOC). Even though the Charge only includes claims of discrimination by one person, the EEOC sends…more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Bennett Jones is one of Canada's premier business law firms. With a 90-year history and unparalleled depth in energy, natural resources and project development, the firm advises clients on corporate…

[ About | Legal Updates ]