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Online Sales, Export Opportunities and Due Diligence…Oh My (Part II)

Businesses receive online orders or inquiries from international entities through their websites constantly. In addition to business due diligence of vetting a potential customer and potential business deal (see Part I of this article dated June 12, 2017), legal due diligence on the export control side is key.  Read More ›

HHS Office for Civil Rights Publishes Checklist for HIPAA Covered Entities Responding to Cybersecurity Incidents

The U.S. Department of Health and Human Service's Office for Civil Rights ("OCR") recently published guidance for entities covered by HIPAA, entitled "My entity just experienced a cyber-attack! What do we do now?" Read More ›

Categories: Cybersecurity, Digital Assets, Electronic Health Records, Fraud & Abuse, HIPAA

Ethical Considerations for Attorneys in the Age of Technology

In today's world, technology is ever changing and data breaches are widespread. Both have repercussions for the legal profession. As technology has evolved and become more intrusive, the obligations of attorneys and how attorneys handle client matters has also evolved. Read More ›

Categories: Cybersecurity, Digital Assets

Supreme Court Strikes Down Provision of Lanham Act That Barred Registration of Disparaging Trademarks

The United States Supreme Court recently struck down a provision of the Lanham Act that denies registration of disparaging trademarks. Read More ›

Categories: Intellectual Property, News, Trademarks

Fiduciary Rule: More Changes Being Considered

Fiduciary Rule UpdateThe United States Department of Labor (the "DOL") published a request for comment in the Federal Register on July 6 with respect to its often discussed fiduciary rule (the "Fiduciary Rule"). This time, the DOL hopes to clarify uncertainty moving forward, as the Fiduciary Rule and its related prohibited transaction exemptions (the "PTEs") became partially effective on June 9, 2017, and will be fully implemented on January 1, 2018. However, recent events have brought the wisdom of a January 1, 2018 applicability date into question. Read More ›

Categories: Employee Benefits, News, Regulations, Tax

FAA Drone Registration Rule Struck Down

DroneThe District of Columbia Court of Appeals recently struck down a regulation from the Federal Aviation Administration ("FAA") mandating registration of all drones. The Court found that the registration requirement was too intrusive and overstepped the bounds of the FAA. The petitioner argued that the registration requirement imposed by the FAA violated the statute's clear instruction not to promulgate any rule or regulation relating to model aircraft. The Court found the argument persuasive and vacated the registration rule to the extent it applies to model aircraft used by hobbyist. Read More ›

Categories: Regulations

Benefit Plans Established by Church Affiliates Are Exempt From ERISA

ChurchOn June 5, 2017, the United States Supreme Court held that employee benefit plans established by church-affiliated organizations are church plans pursuant to the church plan exemption under the Employee Retirement Income Security Act of 1974 (“ERISA”). Read More ›

Categories: Employee Benefits, News, Tax

Copyright is “In Fashion” Following Supreme Court’s Decision Upholding Protection for Cheerleading Uniform Design

Cheerleading UniformOn March 22, 2017, in a 6-2 decision, the U.S. Supreme Court affirmed a ruling by the Sixth Circuit Court of Appeals in the case of Star Athletica LLC v. Varsity Brands Inc. that two-dimensional graphic designs are entitled to copyright protection as “pictorial, graphic, and sculptural works” under the copyright law for useful articles under certain circumstances. It is the first time that the Supreme Court has addressed copyright protection for apparel, and the ruling bolsters legal protections for members of the fashion and apparel industries. Read More ›

Categories: Copyright, Intellectual Property

If You Think Consequences from a Cyber Data Breach Aren’t Real…Just Ask Target

CyberSecurityCyber attacks can be costly. Target recently reached a settlement with 47 states to pay $18.5 million, the largest multistate data breach settlement to date. In November 2013, Target's systems were infiltrated and 40 million customers' payment card information was stolen as was the personal information of 60 million customers. In addition to the settlement, Target paid for free credit monitoring services for consumers affected by the breach as part of a $10 million class-action lawsuit settlement.  Read More ›

Categories: Cybersecurity, News

Supreme Court Examines Where Proper Venue Lies for Patent Infringement Lawsuit

PatentThe Supreme Court recently decided a case involving the patent venue statute 28 U. S. C. §1400(b). The case, TC Heartland v. Kraft Foods Group Brands, No. 16-341, concerned flavored drink mixes made by TC Heartland, which is based in Indiana. Kraft sued it claiming patent infringement in Delaware, which has a high concentration of patent suits. Read More ›

Categories: Intellectual Property, Patents