Fox Rothschild LLP (LexBlog United States)

8429 results for Fox Rothschild LLP (LexBlog United States)

  • Intellectual Property Tools for Protecting Fashion Goods

    Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Below are three possible situations in which you can use intellectual property tools with respect to a product’s nature, originality, consumer driven features, and potential for growth. Scenario...

  • The U.S. Copyright Office Hires First Chief Economist

    Annual revenues from industries reliant upon the copyright system in the United States hover between $1.2 and $2.5 trillion each year, or between 6% and 12% of the U.S. GDP. Because such a significant portion of the U.S. economy is related to the copyright system, the U.S. Copyright Office and Shira Perlmutter, the current Register...

  • Reproductive Rights in the California Workplace

    On June 24, 2022, the United State Supreme Court held in Dobbs v. Jackson Women’s Health Organization, that the Constitution does not confer a right to abortion, overruling long-standing precedent in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. This ruling does not directly impact California employers and their California based employees because abortion rights are...

  • The NAI’s Precise Location Information Solution Provider Voluntary Enhanced Standards: What You Need to Know

    The Network Advertising Initiative (NAI), an industry trade group that develops self-regulatory standards for online advertising, has released its Precise Location Information Solution Provider Voluntary Enhanced Standards. The new standards restrict the use, sale, or transfer of location data correlating to Sensitive Points of Interest, which include places tied to religious worship, sensitive...

  • Liquidated Damages And The CEO: When Does Personal Liability Attach?

    The issue of willfulness is always front and center in a FLSA litigation.  In an interesting case now before a federal appellate court, the class of employees who prevailed in their overtime suit are claiming the failure was intentional, not a matter of negligence, and they want the CEO to be held personally liable, asserting...

  • And Then There Were Three: CAA-ICM Merger Closes

    The consolidation trend in Hollywood continues with the closing of another big merger. The long-gestating acquisition of talent agency ICM Partners by its rival CAA closed today. The deal was first announced almost a year ago but was delayed by Department of Justice and Federal Trade Commission scrutiny. The deal leaves three major agencies dominating...

  • From Pulp to Gulp: Tarantino Moves to Dismiss NFT Lawsuit

    When new entertainment media emerge, a wave of litigation follows. Novel means of exploitation challenge lawyers to interpret contracts and statutes in contexts that were not originally contemplated. For example, when backend payments are calculated, it makes a substantial difference whether streaming revenues are treated like television or like home video. The emergence of NFTs...

  • The Dobbs Case May Have Pennsylvania Implications, Too.

    On Friday morning (6/24/22) the U.S. Supreme Court issued its ruling related to the legality of a Mississippi law seeking to regulate abortion in that state in a manner inconsistent with the precedent of the 1973 decision in Rowe v. Wade, 410 U.S. 113. The majority opinion can be linked here https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf . As the...

  • EPA Announces Funding for Disadvantaged Communities to Address PFAS in Drinking Water, Synthesizing Approaches to PFAS and Environmental Justice

    Alongside USEPA’s recent issuance of new Health Advisory Levels, or HALs, for certain PFAS chemicals (namely, PFOA, PFOS, PFBS, and GenX), the Agency also announced that, as part of the Biden Administration’s whole-of-government effort to address PFAS, USEPA is making available $1 billion in grant funding in Fiscal Year 2022 (and a total of $5 billion for...

  • A Royal Circuit Split: Supreme Court Will Decide on “Prince Series” Copyright Controversy

    The United States Supreme Court granted certiorari to review the Second Circuit’s inconsistent application of the fair use doctrine when it comes to copyrighted art. The case at issue assesses whether the infamous “Prince Series,” a collection of silkscreen prints by Andy Warhol, are fair use of photographs by Lynn Goldsmith under the transformative use...

  • Is Travel From A Meeting/Staging Area To A Work Site Still Only Home-to-Work Travel Time?

    I am very interested in travel time cases.  There are some nuanced concepts hovering around travel time, especially the concept of what constitutes non-compensable home-to-work travel.  In an interesting case, a possible class of welders employed at a petrochemical plant near Pittsburgh will now litigate those claims in state court, according to a federal Judge. ...

  • DOD Memo Identifies Penalties for Noncompliance with DFARS Cyber Requirements

    While Cybersecurity Maturity Model Certification 2.0 (CMMC 2.0) is still a work in progress, federal contractors should beware of the existing DFARS cybersecurity requirements.  The Department of Defense issued a memo on June 16, 2022 (“DoD Memo”), directing Contracting Officers to enforce penalties on DoD contractors that fail to comply with DFARS Clauses 252.204-7012 (Safeguarding...

  • U.S. Copyright Office Launches “Small Claims Court”

    Filing a copyright lawsuit just got a little bit easier. In June 2022, the Copyright Claims Board (CCB) began accepting cases. The CCB, which will function as the U.S. Copyright Office’s “small claims court,” will now be hearing cases involving monetary damages of up to $30,000. Congress established the court via the Copyright Alternative in...

  • Is it Time To Stop Reflexively Applying Brown v. Brown to Disallow Discounts When Valuing a Marital Interest in a Business?

    For more than twenty years, the case of Brown v. Brown, decided by the Appellate Division in 2002, essentially changed the standard of value in divorce cases from fair market value to fair value or fair market value without discounts. For more than 60 years, “Fair market value” is defined as “the price at which...

  • Bonuses Must Be Included In Regular Rate For Non-Exempt Employees: Another Cautionary Tale?

    What employers often miss when calculating proper overtime is that they must include in the regular rate different kinds of supplemental payments that non-exempt people receive.  If they do not, they are not paying properly.  When it involves one employee, maybe not such a big deal.  When it involves dozens or hundreds of workers, e.g....

  • Understanding the 9th Circuit’s Recent Ruling on Session Replay Software

    Plaintiffs have filed a wave of consumer litigation against website owners/operators alleging violations of state wiretapping statutes based on the use of so-called “session replay” software on websites to monitor consumer interactions on the internet. A recent ruling by the 9th Circuit Court of Appeals went in favor of the plaintiffs in such a case,...

  • U.S. Supreme Court: Arbitration Agreements Can Include Enforceable PAGA Waivers!

    In what will be one of the biggest wins for California employers this year, the U.S. Supreme Court has ruled that waivers of employees’ individual claims under California’s Private Attorneys General Act of 2004 (PAGA) are enforceable. The court’s decision in Viking River Cruises, Inc. v. Moriana, released on June 15, 2022, offers employers a...

  • NEW VIRGINIA LAW IMPOSES STRICT REQUIREMENTS ON COMMERCIAL BREEDERS OF RESEARCH ANIMALS

    By David Galpern, a summer associate at Fox Rothschild LLP, based in the firm’s Princeton office A recently enacted Virginia law amending Va. Code § 3.2-6511.2 imposes strict requirements on commercial dog and cat breeders who sell animals “for experimental purposes,” like research. Senate Bill 87, and its counterpart House Bill 1350, was introduced in...

  • NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at Workplace

    A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act (NLRA) by prohibiting an employee from marking his uniform with “BLM” insignia. The ALJ’s June 10, 2022, decision is a temporary...

  • HIPAA Covers a Lot Less Than People Think. But Beware of Other US Privacy Laws.

    The Health Insurance Portability and Accountability Act of 1996 may be the most well-known privacy law in the United States, but it is also one of the most misunderstood. Many people don’t even get the acronym correct. It is HIPAA, with one P and two A’s. “More often than not when someone mentions a situation...

  • President Biden Signs Bill Extending Temporary $7.5 Million Subchapter V Debt Limit Increase Into 2024

    Today, President Biden signed into law the Bankruptcy Threshold Adjustment and Technical Corrections Act, S. 3823, 117th Cong. (the “Act”), which, among other things, continues the temporary expansion of subchapter V eligibility.  Section 1182(i)(B)(1) of the Bankruptcy Code originally limited the term “debtor,” for subchapter V purposes, to a person engaged in commercial or business...

  • EPA Issues New Drinking Water Health Advisory Levels for PFOA, PFOS, PFBS, and GenX

    EPA Issues New Drinking Water Health Advisory Levels for PFOA, PFOS, PFBS, and GenX On June 15, the United States Environmental Protection Agency (EPA) announced its issuance of lifetime drinking water health advisory levels (HALs) for four per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorobutane sulfonic acid and its...

  • The Proposed Davis-Bacon Act Regulations: The Dichotomy Between Management And Labor

    There has been an initiative to revise the Davis Bacon Act (“DBA”) regulations and I have been following this closely as the DBA (and prevailing wage work) have always been a special interest of mine.  Well, the process is in full swing as the US Department of Labor has received more than 37,000 comments on...

  • New York’s Highest Court Affirms Motion to Dismiss Petition for Writ of Habeas Corpus for Happy, the Elephant

    In a long-awaited decision about whether Happy the Elephant could be designated a person for the purposes of a writ of habeas corpus, the Court of Appeals of the State of New York has spoken.  In a word—no.  Specifically, the Court held that “[b]ecause the writ of habeas corpus is intended to protect the liberty...

  • Responsible Beverage Training Required for Servers & Managers This Summer

    Effective July 1, 2022, all on-premise alcoholic beverage servers and their managers must take Responsible Beverage Training (“RBS Training”).  This ABC approved training must be completed by August 31, 2022, or within 60 days of hire thereafter.  This law was originally set to be effective last year, but was extended given the pandemic.   Details...

  • The Supreme Court Slams the Door on the Use of Federal Courts to Obtain Discovery in Aid of Foreign and International Arbitrations Before Private, Non-Governmental Adjudicatory Bodies

    The United States Supreme Court this week resolved an important issue regarding international arbitrations by ruling that, contrary to what at least two appellate courts had previously ruled, a U.S. statute that authorizes federal courts to order discovery “for use in a proceeding in a foreign or international tribunal” does not apply to proceedings in...

  • New Telehealth Guidance Gives Thumbs-Up to Audio-Only Services

    On June 13th, U.S. Department of Health & Human Services (“HHS”) issued guidance advising that covered health care providers and health plans (covered entities) can provide audio-only telehealth services as long as they are compliant with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Security, and Breach Notification Rules (HIPAA Rules). As many individuals...

  • New Jersey Supreme Court reaffirms public policy underpinning the NJ rescue doctrine is limited to the protection of human life

    Injuries to a woman who heroically jumped in a canal to save a neighbor’s dog were not considered viable as a cause of action under the state’s rescue doctrine.  See Ann Samolyk v. Dorothy Berthe, III, No. A-16-21 (085946) (N.J. June 13, 2022).  The State’s highest court declined to extend the rescue doctrine to those...

  • NJ Bill Could Impose Unwarranted Animal Forfeiture

    By Meghan Currie, a summer associate at Fox Rothschild LLP, based in the firm’s Princeton office A recent Bill, A2354, introduced in February of this year by New Jersey legislators should be on the forefront of any New Jersey animal owner’s mind. The Bill proposes amendments, bolstering existing animal cruelty statute 4:22-17, which addresses animal...

  • Webinar – “New Threats to California Employers”

    Please join us for a complimentary webinar on Thursday, June 16, 2022, at 10:00 a.m. PST (1:00 p.m. EST) for insight on emerging threats in California employment litigation. Fox employment defense litigators will share insights from the frontline concerning newly heightened risks posed by retaliation claims, the latest developments in pandemic-related disability requests and claims,...

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