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Civil Litigation
Trademark Registration of Colors—Stay Mellow, Yellow
As you may have read in our last article, a color or a color scheme can sometimes fall under a company’s trademark if they can prove its distinctiveness. However,
“Trump Calls On Justice Department to Sue Opioid Companies: Trump asks Attorney General Jeff Sessions to bring federal lawsuit, separate from state and local litigation against drugmakers
These are interesting times, as a nominally Republican President calls for more lawsuits against domestic and overseas drug makers. The headline is from an August 16, 2018 article in the
Another Dissolved Entity Ruling in Asbestos Litigation – Saberhagen Holdings
Asbestos litigation continues to include fairly frequent arguments and decisions regarding suits against recently dissolved entities. The dissolutions may or may not be legal, and can be adverse for both
Asbestos Plaintiffs Attack Bestwall Chapter 11 as “Bad Faith” Filing; Suggest GP Substituted Talc for Asbestos
After months of procedural wrangling and negotiations about settlement, the asbestos plaintiff’s bar has now attacked the Bestwall/Georgia-Pacific chapter 11 as a “bad faith” filing. The motion is online.
Judge Daniels Narrows Trademark Case Against Company Offering “Frozen Themed” Costumed Characters for Children’s Parties
Last week, Judge Daniels granted in large part a summary judgment motion that Characters For Hire, a company that provides costumed characters for children’s events, had filed in response to
Stark & Stark Investment Management & Securities Practice Group Submits a Comment Letter to the SEC on Recent Rule Proposals
Max Schatzow, Esq., on behalf of Stark & Stark’s Investment Management & Securities Practice Group, submitted a comment letter to the U.S. Securities & Exchange Commission (“SEC”) in
Corporate & Commercial
Trademark Considerations for Your Celebrity Cannabis Licensing Deals
I’ve worked on many celebrity licensing and endorsement deals, and my firm’s cannabis intellectual property lawyers have received countless inquiries from companies looking to partner with one celebrity or another.
China Contracts and How to Send Your Initial Draft to your China Counter-party
The other day I cleaned up and revised the various templates our China lawyers sometimes use to answer frequently asked questions we get from our clients. One of them is
BIS Proposed Expansion of Export Controls of Spraying and Fogging Systems Could Affect Agriculture Industry and Spray Equipment Used in Other Industries
Earlier this week, the Bureau of Industry and Security (“BIS”) published a request for public comment regarding a proposed expansion of export controls under the Export Administration Regulations (“EAR”) for
Mississippi Gaming Commission Posts Meeting Minutes for August
The minutes for the Mississippi Gaming Commission’s meeting held on August 16, 2018, can be reviewed by clicking here.
Commission Adopts Amendments as Part of Disclosure Effectiveness Initiative
Today, the Securities and Exchange Commission adopted amendments to certain disclosure requirements that have become duplicative, overlapping, or outdated. In July 2016, the Commission proposed amendments for this purpose and
First Decision in Class-Action Context Concludes Digital Tokens Can Be Securities
For digitally savvy investors itching to know whether U.S. courts would treat crypto-tokens as securities subject to the regulatory requirements of the Securities Act of 1933, the wait is over—sort
Employment & Labor
Employers Must Have Duties Based Reasons to Support the Assertion that Full-Time Attendance Is an Essential Job Function
Teenagers are not the only ones dissatisfied when their pleas of “why” are met with a “because I said so.” It turns out that courts of appeal do not care
Social Media Mania — Be Careful Out There!
Employers are increasingly turning to social networking sites to find additional information about candidates. In fact, recent articles suggest that an applicant’s failure to have a social media presence is
Upcoming Deadlines For New York City Employers: New York City Commission on Human Rights Publishes Poster and Fact Sheet on Sexual Harassment
As previously reported in a prior article, in May 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”).
IRS Finalizes Regulations Allowing Plan Forfeitures to Fund QNECS and QMACS
The IRS recently finalized regulations that allow 401(k) plans to use forfeiture money to fund qualified non-elective contributions (“QNECs”) and qualified matching contributions (“QMACs”). These regulations finalize proposed regulations issued
Do California’s New Restrictions on Independent Contractors Apply Retroactively?
On May 1, we reported on the California Supreme Court’s opinion in Dynamex Operations West, Inc. v. Superior Court, in which the Supreme Court set forth the standard for determining
Illinois Secure Choice Retirement Savings Program No Longer Mandatory?
The future of the Illinois Secure Choice Savings Program Act (Secure Choice) is uncertain following Governor Bruce Rauner’s amendatory veto which could make employer participation in the Secure Choice program
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Privacy & Data Security
- Seyfarth Shaw Partner Jordan Vick to Present at the 15th Annual Advanced eDiscovery Institute in Washington, DC
- California Lawmakers Consider Additional Resources For Attorney General’s Privacy Act Regulations
- The “DISH” on Unilateral Revocation: Another U.S. District Court Holds No Unilateral Revocation of Consent under the TCPA