BizTech Law Blog

On 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”).

On 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.

Cyber 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. 

The 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.

Much ado has been made about the Trump administration's stance on immigration issues. Throughout the 2016 campaign and into the first months of the new presidency, immigration has been a hot-button issue that has consistently garnered media attention. Last month, the administration took one of its first major swings at immigration reform in putting into effect an Executive Order titled "Buy American and Hire American" (the "Executive Order.") The "Hire American" portion of this Executive Order focuses on the H-1B visa program, a program that is used to give skilled foreign workers a temporary visa, granting them work authorization to utilize their skills in the United States. This blog post will analyze the impact of the proposed reforms, and in particular, the impact of those reforms on startup businesses.

The list below highlights some of the frequent legal mistakes made by start-ups. Blunders and mistakes are certainly a part of life and starting a business. But, we hope that the advice below will help you avoid a few.

Recently, international travelers have noticed US Customs and Border Protection agents with increased interest in searching cell phones, laptops, and other portable technology. Employers should be aware that this trend increases the risk that an unauthorized individual will access sensitive company information, which could result in an inadvertent data breach.

Some international travelers have been asked by border agents to unlock cell phones or provide a password needed to unlock the device. One report included a customs agent threatening to seize a travelers' phone if he did not unlock his cellphone. Employers are rightfully concerned that these searches may allow unauthorized individuals to access sensitive company information.

Shortly after our first article on the DOL Fiduciary Rule the White House issued an Executive Order that requires the Department of Labor (the "DOL") to revisit the Fiduciary Rule (the "Fiduciary Rule" or the "Rule") and the Prohibited Transaction Exemptions (the "PTEs") that were amended alongside it. President Trump's Executive Order requires the DOL to determine if the rule will adversely affect retirement investors or financial firms. If the answer is yes, the expectation is that the Fiduciary Rule and the related PTEs will not survive as currently written, and the DOL will rescind or revise the Rule.

In 2016 Lansing, MI's Board of Water and Light fell victim to a cyber-attack that resulted in $2.4 million in costs, including a $25,000 ransom paid to the perpetrators. In the aftermath of the breach, BWL announced that it was filing for a $1.9 million insurance claim under its cyber insurance policy, including $2 million in covered losses, less a $10,000 deductible.

There is a lot at stake for businesses when it comes to cyber-crime, which is why more and more businesses are investigating and purchasing cyber insurance to hedge against the risks associated with cyber security and data privacy.

With a sea of political change in Washington this year, many are speculating on what regulatory reforms the Trump administration and a Republican Congress will make in 2017. One reform in particular is commonly mentioned: a repeal, delay, or revision of the new Department of Labor ("DOL") fiduciary rule (the "Fiduciary Rule"). Given that the Trump administration is widely seen as anti-regulation, and the Fiduciary Rule is one of the most sweeping pieces of regulation regarding retirement investors and the financial industry since the implementation of the Employee Retirement Income Security Act ("ERISA") in 1974, speculation about the Fiduciary Rule's impending review and revision are not unfounded.