Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test
Written by Leo Lichtman A polar bear is currently at the center of an important copyright dispute in the Southern District of New York in a case that could hold major implications over the scope of a copyright holder’s exclusive display rights. See Nicklen v. Sinclair Broad. Grp., 2021 WL 3239510 (S.D.N.Y. July 30, 2021). The case was filed by Paul Nicklen, a nature photographer … Continue reading Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test
Trademark Liability for Social Media Influencers? C.D. Cal. Court Says It’s Possible.
Written by Lillian Lee On August 6, 2021, the United States District Court for the Central District of California held that a trademark owner could proceed on a claim of direct trademark infringement against a blogger and social media “influencer.” The court’s ruling highlights the possibility that brand influencers may be held liable for trademark infringement in connection with the products they promote. Petunia Products, … Continue reading Trademark Liability for Social Media Influencers? C.D. Cal. Court Says It’s Possible.
California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments
Written by Jeremy Mittman & Corey Singer On July 15, 2021, the California Supreme Court settled a longstanding question in Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438, about how an employer must calculate the extra hour of premium pay that California non-exempt employees are owed if a compliant meal or rest break is not provided. In a significant reversal of prior court rulings, … Continue reading California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments
President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements
Written by Jeremy Mittman Last week, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other objectives intended to increase competition in a wide range of economic activity, encourages the Federal Trade Commission (FTC) to ban or limit non-compete agreements. Specifically, President Biden directs the Commission to “exercise the FTC’s statutory rulemaking authority under the Federal Trade Commission Act … Continue reading President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements
Proposed Legislation Would have a Dramatic Impact on Donor Advised Funds
Written by David Wheeler Newman The “Accelerating Charitable Efforts Act”, or the “ACE Act”, introduced on June 9th by Senators Grassley and King, would have major impacts on donor advised funds (DAFs) and private foundations. Our prior post discussed the proposed changes to the private foundation rules, and this post will discuss those affecting DAFs. Under existing law, a donor may generally claim a charitable … Continue reading Proposed Legislation Would have a Dramatic Impact on Donor Advised Funds
$12 Million Judgment Against Celebrity Endorser for Role in Cyrptocurrency ICO
Written by Mark Hiraide You are a celebrity or a social media influencer and are asked by a company raising money from investors to post endorsements on Instagram. The company’s White Paper identifies you as a “team member,” and the company refers to you as a member of their advisory board. The company goes on to raise over $12 million from investors, but later goes … Continue reading $12 Million Judgment Against Celebrity Endorser for Role in Cyrptocurrency ICO
Proposed Legislation Would Affect Private Foundations
Written by David Wheeler Newman Senators Chuck Grassley and Angus King on June 9 announced their intention to introduce tax legislation, dubbed the “Accelerating Charitable Efforts Act”, or the “ACE Act”, that would have major impacts on donor advised funds (DAFs) and private foundations. This post will discuss the proposed changes to the private foundation rules, and the next post will discuss those affecting DAFs. … Continue reading Proposed Legislation Would Affect Private Foundations
Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order
Written by Jeremy Mittman & Thea Rogers Last Friday, June 17, Governor Newsom signed the Cal-OSHA Safety and Health Standards Board’s revisions to its Emergency Temporary Standards (“ETS”) into immediate effect (Executive Order linked here), thereby more closely aligning Cal-OSHA COVID-19 face covering and physical distancing standards with the California Department of Public Health (“CDPH”) and Centers for Disease Control (“CDC”) recommendations. Although Governor Newsom … Continue reading Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order
H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?
Written by Stephen Blaker On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed its cap lottery selection of H-1B registrations for the fiscal year (FY) 2022. Employers submitted 308,613 registrations for selection in the cap lottery, of which USCIS selected 87,500 cases, or 28% of the total number of registrations. This is a significant decrease from the FY 2021 … Continue reading H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?
Houston, We Have a Policy: Texas Court Upholds Employer’s COVID-19 Vaccine Mandate
Written by Jeremy Mittman and Stephen Franz As a handful of employees across the country have filed lawsuits challenging workplace COVID-19 vaccination mandates, many employers have been left to grapple with whether they can implement a mandatory COVID-19 vaccine policy as a condition of employment. At least according to one Texas federal district court, the answer is yes. Judge Hughes of the United States … Continue reading Houston, We Have a Policy: Texas Court Upholds Employer’s COVID-19 Vaccine Mandate
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