Akerman LLP

EB-5 Legislative Update

While the 10,000 visas that have been set aside for the EB-5 foreign investor program are part of the permanent law, the regional center program, which allows businesses and developers to aggregate the investment proceeds for…more
| Commercial Law & Contracts, Immigration Law, Labor & Employment Law

SEC Settles Charges Against Investment Firm that Failed to Adopt Cybersecurity Policies Before Data Breach

Recently, the SEC announced that R.T. Jones Capital Equities Management, a St. Louis-based investment adviser, agreed to settle charges that it failed to establish the required cybersecurity policies and procedures before a data…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law

North Face Scales Sanyang Applications For Clothing and Services

In The North Face Apparel Corp. v. Sanyang Industry Co., Ltd., Opp. No. 91187593 (September 18, 2015), the Trademark Trial and Appeal Board (“TTAB”) handed The North Face Apparel Corp. (“The North Face”) significant victories…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

DOJ's New Guidance Directing Prosecutors to Target Individuals Responsible for Corporate Wrongdoing Calls for Clarification

On September 9, 2015, the Department of Justice ("DOJ") issued written guidance by the Deputy Attorney General Sally Quillen Yates on investigating and prosecuting individuals involved in alleged corporate wrongdoing (the Yates…more
| Business Organizations, Criminal Law, Securities Law

Evolving Litigation of Data Breach Claims

An Illinois circuit court judge has dismissed five of six claims in a consolidated class action against Advocate Health and Hospital Corporation arising from a data breach in July 2013. The judge’s dismissal with prejudice…more
| Civil Procedure, Consumer Protection, Health, Privacy, Science, Computers, & Technology

Illinois Enacts Patient Notification Requirement for Observation Stays

Illinois joins a growing number of states to pass laws requiring that hospitals provide notice to patients who are placed under observation status. 210 ILCS 86/6.09b As with the recent federal NOTICE Act, the laws respond to…more
| Health

Original Policeman in the Village People Get His Copyrights Back, and $500,000 in Attorneys’ Fees

On September 15, 2015, the Southern District of California awarded over $500,000 in attorney’s fees to a songwriter who successfully prevailed on his right to terminate grants of copyright under 17 U.S.C. § 203 because awarding…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

A Wolf in Swiss Clothing: TTAB Finds No Bona Fide Intent to Use

The number of successful oppositions against trademark applications based on a claim that the applicant had “no bona fide intent to use” has been increasing in recent years. On September 10, 2015, in Swiss Grill Ltd. v. Wolf…more
| Commercial Law & Contracts, Intellectual Property

Ninth Circuit Says “Let’s Go Crazy” On Fair Use of Prince Song In YouTube Video

n Lenz v. Universal Music Corp. et al, the Ninth Circuit held that the Digital Millennium Copyright Act (the “DMCA”) requires copyright holders to consider fair use before sending a takedown notice and that the failure to do so…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Florida Tax Issues in Commercial Real Estate and Related Financing Transactions

Florida has long been known as a tax friendly state for retirees. The "Sunshine State" has no income tax on individuals and no estate taxes. The state has quite a different reputation for commercial real estate investors who…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Real Estate - Residential, Taxation

NLRB Changes Standard for Determining Joint Employer Status

The NLRB has issued a landmark decision changing its current standard for assessing “joint employer” status in both unionized and non-union workplaces. This is significant, because, even if the company is not the actual employer…more
| Franchise Law, Labor & Employment Law

Immigration Laws Impacting the Workplace

The H-1B visa program has been one of the most successful programs in U.S. immigration history, allowing for U.S. entities to hire and place highly skilled workers, holding at least a bachelors’ degree or the equivalent, into…more
| Immigration Law, Labor & Employment Law, Science, Computers, & Technology

Copyright Fair Use: 1 Win, 1 Maybe and Two Losses for TVEyes

On August 25, 2015, the Southern District of New York held that the archiving function of a media monitoring service was protected by fair use and that the e-mailing feature could qualify for fair use if certain protective…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Non-Compete and Trade Secret Provisions: Protecting Your Company and Assets

Now more than ever, employers must take active steps to protect their confidential information and trade secrets from the prying eyes of competitors. In our digital age, trade secrets can be misappropriated in an instant, and…more
| Commercial Law & Contracts, Intellectual Property, Labor & Employment Law

Nevis Modernizes its Trust Laws to Become Even More Competitive

As a jurisdiction, Nevis is highly regarded as setting the standard among offshore trust laws, blazing new trails in this is area since 1994 with other jurisdictions attempting to play catch-up. Over time, other jurisdictions…more
| International Law & Trade, Wills, Trusts, & Estate Planning
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