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Employers Need to Promptly Raise Plaintiff’s Failure to File Charges with the EEOC

The Bottom Line With Fort Bend, the Supreme Court has set limits on an employer’s ability to dismiss a Title VII claim when the employee failed to raise a parallel claim with the EEOC. The Fort Bend decision serves as a warning that employers should promptly conduct a careful review of a Title Continue Reading

Alert - July 17, 2019

New York State Bans Salary History Inquiries and Expands Equal Pay Protections

The Bottom Line New York’s new laws prohibit employers from inquiring about job applicants’ salary history, or from paying employees in any protected class less for substantially similar work. Employers should consider providing new training to human resources professionals and hiring managers Continue Reading

Alert - July 16, 2019

Copying Photographs Found Online and the Fair Use Defense

The Bottom Line Companies that find photographs, images, or social media posts online and seek to use these works in advertising or another commercial context, without obtaining the copyright owner’s permission, may subject themselves to copyright infringement claims, even if they crop the works Continue Reading

Alert - July 12, 2019

FTC Workshop Takes Aim at Online Ticket Sales Market

The Bottom Line The FTC Workshop highlighted the issues facing consumers attempting to purchase event tickets online, where conflicting viewpoints emerged between preventing seller abuse and protecting buyers’ freedom to dispose of their tickets as they choose.Given the cutthroat competition in Continue Reading

Alert - July 8, 2019

New York State Legislation Significantly Expands Workplace Harassment Protections

The Bottom Line New York State’s new legislation will provide workers with significantly expanded protections against workplace harassment, including a lower standard for asserting — and prevailing — on harassment claims and the availability of punitive damages and attorneys’ fees for successful Continue Reading

Alert - July 8, 2019

Patent and Trademark Office Clarifies Rules for Cannabis Trademarks

The Bottom Line Now that the USPTO has issued this guidance, its examiners can be expected to issue decisions on pending cannabis-related trademark applications. Companies with applications pre-dating December 20, 2018, or considering filing new applications, should keep the essential elements of Continue Reading

Alert - July 2, 2019

GDPR’s Inaugural Year: Mistakes Made and Lessons Learned

The Bottom Line In GDPR’s inaugural year, except in the case of Google, the low fines indicate that there has been a degree of tolerance for noncompliance as companies continue to determine how to become compliant.However, the past year has shown that no one is immune from regulatory scrutiny, Continue Reading

Alert - June 27, 2019

Nevada Updates Privacy Law While New York Gets Ready

The Bottom Line California may have been the first to enact a comprehensive privacy law, but Nevada will be the first new law to become effective and will certainly not be the last. As evidenced by the updated Nevada law and the proposed New York law, companies may have to comply with Continue Reading

Alert - June 26, 2019

Trademark License Rights Survive Rejection in Bankruptcy

The Bottom Line The Mission Product decision should resolve uncertainty created by the circuit split between the First Circuit and Seventh Circuit decisions. The Supreme Court’s ruling should also reassure trademark licensees that should their licensor end up in bankruptcy, absent contract terms Continue Reading

Alert - June 10, 2019

American Gaming Association Hedges Its Bets with Responsible Marketing Code for Sports Wagering

The Bottom Line The AGA Code represents a tentative first step by the AGA to impose a self-regulatory framework on an exploding sports betting industry. Whether it will be sufficient to ward off government oversight remains to be seen, but some key concerns remain:Age protections are looser than Continue Reading

Alert - June 4, 2019

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