Akerman LLP

DOJ Announces First Non-Prosecution Agreement Under the Swiss Bank Program

On March 30, 2015, the U.S. Department of Justice (DOJ) announced that it reached the first non-prosecution agreement under the Swiss bank program with BSI, S.A. (BSI). BSI, one of Switzerland's ten largest banks, has agreed to…more
| Criminal Law, Finance & Banking, International Law & Trade, Taxation

In Mardi Gras Tradition, Fifth Circuit Tosses IP Rights in Bead Dog

In Nola Spice Designs L.L.C. v. Haydel Enterprises, Inc., the Fifth Circuit recently cancelled a New Orleans bakery’s word and design trademarks for “Mardi Gras Bead Dog” – the bakery’s mascot based on the Mardi Gras tradition…more
| Civil Procedure, Intellectual Property

Professional Employer Organizations: New Tax Services Possible

Currently, Professional Employer Organizations (PEOs) have no comprehensive federal framework under which to offer employment tax collection and remittance services to their clients. The Small Business Efficiency Act (“SBEA…more
| Business Organizations, Labor & Employment Law, Taxation

It Ain’t Over ‘Til It’s Over: 6th Circuit Confirms That Post-Trial Motions Toll The Deadline To File Attorneys’ Fees Motions And Extends Octane Fitness To Trademark Litigations

In Slep-Tone Entertainment Corp. v. Karaoke Kandy Store, et al., No. 14-3117 (6th Cir. April 6, 2015), the Sixth Circuit confirmed that post-trial motions toll the deadline for filing motions for attorneys’ fees under Rule 54…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Slep-Tone and Karaoke Redux: Under Dastar, Bar Must Face the Music For Trademark Infringement

The Northern District of Illinois recently held that the Supreme Court’s decision in Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), did not protect a karaoke bar from claims of trademark infringement and…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

No, You Cannot Prohibit Employees from Protesting or Discussing Their Wages

A reminder to employers concerned about employees’ discussing their wages or acting in concert to petition for higher wages: This is legally protected activity that employers cannot prohibit or restrain. A recent National Labor…more
| Labor & Employment Law

Fourth Circuit Dispenses Comity and Limits Relief in Paper Towel Dispute

The Fourth Circuit recently ruled on several important issues regarding the scope of relief that may be granted for trademark infringement. The backdrop for the decision in Georgia Pacific Consumer Products LP v. Von Drehle…more
| Civil Procedure, Civil Remedies, Intellectual Property

B&B Hardware: Sometimes, Not Always, Not Never

The Supreme Court issued its second trademark ruling of the term on Tuesday, ruling that federal court decisions on “likelihood of confusion” sometimes can be precluded by earlier rulings about trademark registrability issued…more
| Civil Procedure, Intellectual Property

Supreme Court Rules on, But Fails to Clarify, Pregnancy Discrimination Law

The Pregnancy Discrimination Act extends Title VII’s prohibition against sex discrimination to include pregnancy. It also says that employers must treat “women affected by pregnancy . . . the same for all employment-related…more
| Civil Procedure, Civil Rights, Labor & Employment Law

B&B Hardware: Sometimes, Not Always, Not Never

The Supreme Court issued its second trademark ruling of the term on Tuesday, ruling that federal court decisions on “likelihood of confusion” sometimes can be precluded by earlier rulings about trademark registrability issued…more
| Administrative Law, Civil Procedure, Communications & Media Law, Intellectual Property

Employee Handbooks Should Be Reviewed in Light of NLRB Report

Your employee handbook may be unlawful. That’s the takeaway from a 30-page report issued by the National Labor Relations Board’s Office of the General Counsel on March 18, 2015…more
| Commercial Law & Contracts, Labor & Employment Law, Privacy, Intellectual Property

Employee Handbooks Should Be Reviewed in Light of NLRB Report

Your employee handbook may be unlawful. That’s the takeaway from a 30-page report issued by the National Labor Relations Board’s Office of the General Counsel on March 18, 2015…more
| Labor & Employment Law

Osceola County BCC Adopts Transportation Mobility Fee Ordinance Effective October 2015

The Osceola County Board of County Commissioners (BCC) voted unanimously to approve the Mobility Fee Ordinance on March 16, 2015, with an implementation date of October 1, 2015…more
| Zoning, Planning & Land Use, Transportation

Charitable Hospitals: Financial Assistance Policies

The Internal Revenue Service (IRS) has issued the final section 501(r) regulations, implementing the amendments to the Internal Revenue Code under the Affordable Care Act and providing regulatory guidance for tax-exempt…more
| Health, Taxation, Nonprofit Law

Lucky Brand Not So Lucky

The Second Circuit ruled last week in favor of Plaintiff Marcel Fashion Group Inc. (“Marcel”), vacating the trial court’s grant of summary judgment in favor of Defendant Lucky Brand Dungarees, Inc. (“Lucky Brand”), which had…more
| Civil Procedure, Intellectual Property
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