By Christian R. Jenner & Paul M. Kessimian Given the ubiquity of technology in the workplace, and the staggering amount of data that we produce and process every day, every company should develop and abide by an “information governance” policy that is tailored to meet its business and legal requirements. To help in this matter,...
In August, the President signed into law the Small Business Reorganization Act (SBRA) of 2019 (it will become fully effective February 2020), which includes several meaningful changes for both business and consumer bankruptcies. Highlighted below are three of those changes. 1. SMALL BUSINESSES. The SBRA creates a new subchapter to Chapter 11, to help small...
On Tuesday, September 24, 2019, the United States Department of Labor (“Department”) announced its much anticipated Final Rule raising the salary threshold necessary to exempt certain executive, administrative, and professional employees from receiving overtime pay under the Fair Labor Standards Act (“FLSA”). The Final Rule is set to take effect on January 1, 2020. The...
By Eugene G. Bernardo II and David M. DiSegna House Bill 3967, titled the “Municipal Bond Market Support Act of 2019”, was introduced by Alabama Representative Terri Sewell and New York Representative Tom Reed with the purpose of increasing the amount of tax-exempt bonds that may be issued as bank qualified obligations. According to their...
Tom Brady may be the greatest NFL quarterback of all time. But his efforts to register a TOM TERRIFIC trademark for T-shirts and posters and sporting cards have been thrown for a loss at the hands of the U.S. Patent and Trademark Office (USPTO). The applications serve as a reminder that U.S. trademark law does...
By Brian Reilly and Colin Coleman When starting a company, founders are immediately faced with a series of decisions, many of which will have long-lasting impacts that may not become apparent for months or years. Founders need to decide in which state to form their business entity, the type of business entity, and the specific...
USPTO Requires Non-US Trademark Applicants to Retain US-Licensed Attorneys The U.S. Patent and Trademark Office (USPTO) has announced new rules that went into effect 3 August 2019. Under the new rules, all filings, including new applications and renewal applications, filed by a person or entity not domiciled in the U.S. must be filed by an attorney licensed to practice...
By Alicia J. Samolis On July 15, 2019, Rhode Island’s Governor signed into law the Rhode Island Noncompetition Agreement Act (the “Act”), limiting the enforceability of restrictive covenants with certain employees. Its limited applicability largely makes the law irrelevant, with a handful of critical exceptions. Unlike the Massachusetts law, there is no grandfathering provision – meaning agreements...
By John E. Ottaviani One of the most common reasons U.S. trademark applications receive Office Actions is that the identification of goods and services covered by the application is indefinite or too broad. The U.S. Patent and Trademark Office (USPTO) requires that the identification of products and services be very specific. This practice is different...
By Alicia J. Samolis & Geri Rosman 1. MEDICAL AND RECREATIONAL MARIJUANA IN THE WORKPLACE. Employers in the Northeast are faced with mounting questions arising from the legalization of medical and recreational marijuana. One challenge is handling compliance with drug-free workplace requirements associated with federal funding or contracts without discriminating against employees. Another involves the potential...
