Featured Articles
Get the Front Page News
Receive LexBlog Front Page Updates by email
Latest Articles
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
Court Determines Amount of Bond for Injunction
Those litigators who need to know the finer points of how the amount for a requisite bond is determined for purposes of obtaining an injunction, must read the recent Delaware
New Jersey Legislature Enacts New Law Taxing Sales of Liquid Nicotine
New Jersey recently passed legislation imposing an excise tax on sales of liquid nicotine. The new law will be effective as of October 1, 2018.
Deeming Regulations Litigation Update—Uncertain Path Ahead for Dual Cigar-Industry Challenges Pending at the Trial Level; Appellate Proceedings Moving Forward
With a related appeal pending in the U.S. Court of Appeals for the D.C. Circuit, what will become of pending trial litigation in Cigar Association of America, et al. v.
Is it Time to End Quarterly Reporting?
In yet another one of his early morning messages, late last week President Donald Trump stirred up a squall by suggesting in a tweet that the SEC should study doing
“No Good Deed”: Free Tokens Issued in Airdrops, Bounty Programs Likely Violate Securities Laws
If you’re thinking of airdropping free tokens or implementing a cryptocurrency bounty program, be careful. The Securities and Exchange Commission just issued a cease and desist order (the “Order”) with
Commission Responds to Tweet
As we previously blogged, a Trump tweet called on the Securities and Exchange Commission to undertake a study regarding the costs and benefits of quarterly versus semi-annual filings. Though
Employment & Labor
Mintz Levin’s Jen Rubin Discusses #MeToo and the Need for an Investigative Process
Jen Rubin, a member in Mintz Levin’s Employment, Labor and Benefits practice, wrote about the need for a thoughtful and fair investigative process in the wake of the #MeToo
Postal Service ordered to restore Union leave for partisan political activity
Arbitrator Stephen Goldberg has issued an award finding that the Postal Service breached its agreement with the American Postal Workers Union (APWU) when it unilaterally made changes to its
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