October 28, 2022
The NCAA’s Division I Board of Directors approved new guidance on name, image, and likeness activities. The guidelines, approved on October 26, 2022, clarify how and when schools, coaches, and staff may be involved with athletes’ endorsement and sponsorship deals. Technically, the NCAA did not approve new rules. Instead, the NCAA issued guidance intended to clarify the existing NCAA policy.
“The…
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…
September 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…
August 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…
August 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…
July 25, 2022
There needs to be clear rules of the road for disclosing climate risk.” SEC Chair Gary Gensler
“We are not the Securities and Environment Commission – at least not yet.” Commissioner Hester M. Peirce
On March 21, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed its long-awaited and groundbreaking rules intended to standardize and enhance climate-related disclosures for domestic…
July 20, 2022
On June 27, 2022, the United States Supreme Court granted certiorari to possibly resolve the circuit split concerning the effect closing a bankruptcy sale under 11 U.S.C. § 363 has on appeals involving the sale order. MOAC Holdings LLC v. Transform Holdco LLC, 21-1270 (Sup. Ct.) In MOAC, Mall of America is challenging the bankruptcy court’s decision in the Sears bankruptcy to allow the buyer to…
July 11, 2022
On June 21, 2022, The Ohio State University (OSU) added to their $12.5 million-dollar annual trademark and licensing portfolio by officially receiving a registered trademark for the word “THE” from the US Patent and Trademark Office (USPTO). This does not mean every commercial use of the word “THE” must be licensed from OSU. Instead, the trademark is limited to “clothing, namely, t-shirts,…
July 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…
June 23, 2022
Artificial intelligence (AI) utilizes technology to complete activities that normally require human intelligence.[1] AI technology increasingly plays a substantial role in our everyday lives, whether it be playing an online game of checkers against the computer, using an online language translator, or driving an autonomous vehicle.[2] With AI technology’s increasing prevalence, legal questions…
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…
April 11, 2022
The House of Representatives passed the Securing a Strong Retirement Act of 2022 (“SECURE 2.0” or “the Act”, HR 2954) on Tuesday, March 29, 2022. The Act now heads to the Senate, where it is expected to have significant bipartisan support.
SECURE 2.0 builds on the Setting Every Community Up for Retirement Enhancement (“SECURE Act”, PL 116-94) signed into law in December 2019, which was enacted to…
October 28, 2022
The NCAA’s Division I Board of Directors approved new guidance on name, image, and likeness activities. The guidelines, approved on October 26, 2022, clarify how and when schools, coaches, and staff may be involved with athletes’ endorsement and sponsorship deals. Technically, the NCAA did not approve new rules. Instead, the NCAA issued guidance intended to clarify the existing NCAA policy.
“The…
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…
September 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…
August 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…
August 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…
July 25, 2022
There needs to be clear rules of the road for disclosing climate risk.” SEC Chair Gary Gensler
“We are not the Securities and Environment Commission – at least not yet.” Commissioner Hester M. Peirce
On March 21, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed its long-awaited and groundbreaking rules intended to standardize and enhance climate-related disclosures for domestic…
July 20, 2022
On June 27, 2022, the United States Supreme Court granted certiorari to possibly resolve the circuit split concerning the effect closing a bankruptcy sale under 11 U.S.C. § 363 has on appeals involving the sale order. MOAC Holdings LLC v. Transform Holdco LLC, 21-1270 (Sup. Ct.) In MOAC, Mall of America is challenging the bankruptcy court’s decision in the Sears bankruptcy to allow the buyer to…
July 11, 2022
On June 21, 2022, The Ohio State University (OSU) added to their $12.5 million-dollar annual trademark and licensing portfolio by officially receiving a registered trademark for the word “THE” from the US Patent and Trademark Office (USPTO). This does not mean every commercial use of the word “THE” must be licensed from OSU. Instead, the trademark is limited to “clothing, namely, t-shirts,…
July 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…
June 23, 2022
Artificial intelligence (AI) utilizes technology to complete activities that normally require human intelligence.[1] AI technology increasingly plays a substantial role in our everyday lives, whether it be playing an online game of checkers against the computer, using an online language translator, or driving an autonomous vehicle.[2] With AI technology’s increasing prevalence, legal questions…
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…
April 11, 2022
The House of Representatives passed the Securing a Strong Retirement Act of 2022 (“SECURE 2.0” or “the Act”, HR 2954) on Tuesday, March 29, 2022. The Act now heads to the Senate, where it is expected to have significant bipartisan support.
SECURE 2.0 builds on the Setting Every Community Up for Retirement Enhancement (“SECURE Act”, PL 116-94) signed into law in December 2019, which was enacted to…
