12.08.2023
New York’s New Law: Settling an Employment Discrimination Claim with Confidentiality Obligations
On November 17, 2023, New York Governor Kathy Hochul approved a new law, Bill S4516, which amends Section 5-336 of the New York General Obligations Law and adds further restrictions on settlement agreements relating to discrimination claims. Both employers and employees should take care to familiarize themselves with their new rights and obligations under Bill
Read more 12.04.2023
Blind Side-d: Michael Oher’s Legal Battle with the Tuohy Family
Michael Oher shocked many when he filed a lawsuit in August against Sean and Leigh Anne Tuohy, seeking an end to the Tuohys’ conservatorship over him and prohibiting the family from using his name and likeness. The legal showdown between Oher and the Tuohy family is a multifaceted dispute. The case is being closely scrutinized
Read more 12.04.2023
Breach of Contract Damages: Compensatory vs. Consequential
Contracts are the backbone of business dealings, outlining obligations and expectations between parties. It is important to understand the different remedies available to you if your contract is breached. What Damages Can Be Awarded? There is a range of damages that courts may consider in determining the available and appropriate relief to award a non-breaching
Read more 12.04.2023
Star Athletica: Copyright in Clothing
Wal-Mart Stores, Inc. v. Samara Bros., Inc.,[1] is a case in which the Supreme Court determined that aesthetic features of a product could not be protected under the trade dress rubric. In that case, the products at issue were children’s clothes, and the Court suggested that rather than rely on trade dress, the designer should
Read more 12.01.2023
Copyright and Patents
In the United States, copyright and patent law are explicitly anticipated in Article I, section 8, clause 8 of the U.S. Constitution, which assigns to Congress the power “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”
Read more 11.30.2023
Is it LOVE? – Cartier and Amazon File Suit Alleging Fake Cartier LOVE Jewelry
The iconic jewelry brand, Cartier, is perhaps best known for its LOVE bracelet design. The LOVE collection now encompasses jewelry including necklaces, rings, and earrings. In June 2022, Cartier and Amazon jointly filed a pair of lawsuits against several social media account holders for promoting and selling cheap counterfeit Cartier jewelry, including the famous LOVE
Read more 11.30.2023
Can I Record a Conversation in Oregon?
As easy as it is to record a conversation today, doing so is not always legal. It is crucial to understand how to comply with both state and federal recording laws to reduce your exposure to criminal and civil liability, and to ensure the admissibility of any recordings as evidence in court. Oregon State Law Oregon
Read more 11.30.2023
After the Bell: Navigating the 9th Circuit’s Ruling on Off-Campus Student Speech Regulations
In the last few years, the First Amendment rights for students have seen some changes. The Supreme Court case Mahanoy v. B.L. found that schools generally do not have the right to regulate a student’s off-campus speech. In Mahanoy, the Supreme Court found that the Mahanoy Area School District could not discipline student Brandi Levy
Read more 11.21.2023
Kanye West and Walmart Battle Over Trademarks and Foam Shoes
In a series of legal battles, Walmart and Kanye West, along with his company Yeezy, contested each other over intellectual property ownership. What Were the Two Disputes Between Kanye West and Walmart? In the first dispute, Walmart raised objections to Yeezy’s trademark application for a logo resembling a sun, claiming it closely mirrors the retail
Read more 11.20.2023
Financing Families: New York State Paid Family Leave
New York first began the New York State Paid Family Leave program in 2018. Since then, the Paid Family Leave program has expanded and allowed many employees to spend more quality time with their loved ones. This program provides paid leave for New Yorkers who are caring for a newborn child, supporting a close
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