The Legal BriefLegal TrendsTrade Secrets and Patents: Which to Use?October 24, 2022 Intellectual property (IP) provides some of the largest value to many companies. But protecting that property through patents can prove to be expensive, while failing to protect some crucial IP like customer lists. In lieu of patents, many companies should consider classifying IP as a trade secret, which enjoys protection under U.S. law and can often be obtained at far lower costs. Patents require… The Rise of Consumer Class Actions: How Changes to the West Virginia Consumer Credit and Protection Act Increased Consumer Class Action Filings in West VirginiaSeptember 26, 2022 Sometimes the best intentions have entirely unforeseen consequences. This is the case with changes that were made to the West Virginia Consumer Credit and Protection Act, W. Va. Code §§ 46A-1-101 et seq. (“WVCCPA” or the “Act”). At the time, there were hundreds of individual lawsuits relating to verbal notification of attorney representation wherein plaintiffs filed suit seeking thousands of… THERE’S NO SUCH THING AS FRIENDS AND FAMILY UNDER THE SECURITIES LAWSAugust 29, 2022 There are three types of securities offerings: registered, exempt, and illegal. When raising capital for a start-up business, many entrepreneurs are very surprised to learn that there is no “friends and family” exemption under the securities laws. Often, entrepreneurs speak of raising money from a “friends and family” offering. “Friends and family” only identifies to whom the offering is made. It… NONLAWYER INVESTMENT IN THE LEGAL ECONOMYAugust 17, 2022 Our Tom Hurney, along with two other attorneys (Marta-Ann Schnabel, O’Bryon & Schnabel, PLC, New Orleans, La., and Susan Gunter, Dutton Brock LLP, Toronto, Ontario, authored a white paper, Nonlegal Investment in the Legal Economy, for DRI’s Center for Law and Public Policy. Here is the link to the full article: https://www.dri.org/docs/default-source/dri-white-papers-and-reports/abs-white-paper-f… Name, Image, and Likeness: The NCAA and College Sports Landscape One Year After AlstonJuly 1, 2022 The college sports landscape changed forever on July 1, 2021, when the NCAA permitted student-athletes to earn compensation for their name, image, and likeness (NIL). Now, a year later, we look back and evaluate how this change happened; the impact of this change on the NCAA, institutions, and student athletes; and the future of NIL. Background In June 2021, the NCAA was preparing to launch a new… Kemp v. United States – The Supreme Court Finds that a Judge’s Error of Law is a “Mistake” Under Rule 60(b)(1)June 16, 2022 Federal Rule of Civil Procedure 60(b)(1) provides that a court may relieve a party from a final judgment due to “mistake, inadvertence, surprise, or excusable neglect[.]” Rules 60(b)(2)-(5) provide more narrowly tailored reasons for relief, ranging from newly discovered evidence to fraud and void judgements. Rule 60(b)(6), however, serves as a catch-all provision providing relief “for any other… Enforcing Trademarks Through Customs RecordationAugust 27, 2021 Federal trademark owners can provide added protection for their mark by recording the registration on the Principal Register with U.S. Customs and Border Protection (“CBP”). This cost-effective method helps address infringing products imported into the United States. In 2020, CBP seized 26,503 shipments of counterfeit goods worth more than $1.3 billion. The CBP also arrested 203 individuals,… Supreme Court Sides with Student Athletes...But What Does That Mean?June 23, 2021 On June 21, 2021, the Supreme Court of the United States changed the collegiate sports world by rendering an opinion in the National Collegiate Athletic Association (“NCAA”) v. Alston, which ultimately will allow student athletes to be presented with education-related benefits outside of what the NCAA has historically permitted. While this opinion surely will be cited in future litigation that aims… How To Overcome Trademark Application DelaysJune 16, 2021 The United States trademark system has slowed to a crawl the last two years thanks to increased applications, a global pandemic, and economic turmoil. Before Covid-19 struck, trademark registrations typically took about a year to process. Now the process takes longer than ever, but you may take several steps to ensure your application proceeds as quickly as possible. An influx of new application… New Year New Privacy Considerations: Privacy Considerations for Businesses under the CPRADecember 23, 2020 In 2021 businesses should focus efforts on data privacy. California has been most active, passing the California Privacy Rights Act (“CPRA”), which goes into effect on January 1, 2023. Earlier this year, we analyzed the CPRA which will expand and modify the current California Consumer Privacy Act (“CCPA”). Companies doing business in California should first evaluate whether they are “covered… The Implications of the Most Recent CCPA AmendmentsOctober 22, 2020 Recently, California Governor Newsom signed two bills into law that would amend the California Consumer Privacy Act (“CCPA”) by further altering the extensive data privacy legislation which went into effect earlier this year. The first, AB-1281, extends the employment and business-to-business (“B2B”) exemptions to the CCPA for an additional year until January 1, 2022. The second, AB-713, creates… Privacy Post-Schrems II - Fourth of a Four-Part Series on Compliance with EU Privacy Laws Using Standard Contractual ClausesOctober 20, 2020 In the first two installments in this blog series, we introduced standard contractual clauses (“SCCs”) and briefed the main U.S. surveillance legal considerations SCCs require in light of the Schrems II case, being Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) and Executive Order 12333 (“EO 12333”). The Court of Justice of the European Union (the “CJEU”) in the Schrems II case… |
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