The Bottom Line A celebrity’s most valuable asset is likely their name and likeness. As the Kardashian case illustrates, many celebrities are being targeted by third parties who use their names and images without their permission when promoting products or services. There are a number of steps Continue Reading
California and New York Ban Workplace Hair Discrimination, While New Jersey and Michigan Propose the Same
The Bottom Line California, New York State and New York City have implemented prohibitions on workplace policies that restrict haircuts, hairstyles or hair textures that are linked to a particular racial group. California and New York employers should take a close look at their workplace policies Continue Reading
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
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
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
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
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
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
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
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