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Recent Blog Articles

IP of Everything Podcast - Episode 7 - The IP of Distance Learning

Intellectual Property
02/26/2021

Logging in isn’t like going to class: as students are forced to learn through distance learning, what new intellectual property issues are popping up in the online classrooms?

Class Action Lawsuit Filed Against Apple Over In-App Purchases Extension of Play

Commercial Gaming
02/19/2021 - By: Glenn Light, Karl Rutledge, Mary Tran

A California woman has filed a class action lawsuit against Apple in the United States District Court for the Northern District of California alleging that Apple profits from illegal gambling games developed by Zynga, Inc. (“Zynga”) and offered, sold, and distributed by Apple through its App Store. The Plaintiff brings this action on behalf of herself, and 25 Multistate and State Classes for all persons who paid money to Apple for coins to wager in the Zynga Casino Apps.

Arizona Tax 2020 Year in Review

02/10/2021 - By: Pat Derdenger, Karen Lowell

The following update provides an overview of Arizona tax developments that occurred in 2020, with a focus on this past year’s tax legislation and court cases. We hope that you will find this annual compilation useful and interesting.

Category: Taxation

Board Education and Training for Financial Institutions Are Key Elements of Business Success

02/02/2021 - By: Laura Lo Bianco, Karen Witt

Opportunities to learn as a collective group will broaden the Board members’ understanding of their roles and responsibilities and the environment in which the Board operates.

The IP of Everything Podcast - Episode 6 - The IP of Memes

Intellectual Property

Well, that escalated quickly! Has your meme gone viral? Have you become a meme? Join our team as they discuss the intellectual property implications of memes. Even Grumpy Cat would approve.

2018 Wire Act Reinterpretation Set Aside: First Circuit Court of Appeals Affirms the U.S. District Courts Ruling

Commercial Gaming
01/21/2021 - By: Glenn Light, Karl Rutledge, Mary Tran

On January 20, 2021, U.S. Circuit Court Judge Kayatta for the First Circuit Court of Appeals issued a 49- page ruling upholding the U.S. District Court’s ruling rejecting the 2018 Wire Act interpretation that The Wire Act applies to all forms of gambling rather than only sports betting.

USPTO Increases Trademark and TTAB Fees for 2021

Intellectual Property
12/23/2020 - By: David Jackson, Jennifer Van Kirk

The United States Patent & Trademark Office has enacted a Final Rule that will increase the
fees for filing trademark applications, maintaining trademark registrations and filing
oppositions and cancellations before the Trademark Trial and Appeal Board, effective
January 2, 2021.

Congress Passes Second Major COVID-related Relief Package: How Will it Impact Employers?

After much haggling, Congress passed its second major COVID-related relief package on December 21, 2020. The $900 billion package is included in the 5,593-page Consolidated Appropriations Act of 2021, which is expected to be signed by President Trump shortly and will provide funding for the federal government between now and the end of the current fiscal year on September 30, 2021.

Category: Labor & Employment

Save to Win: Prize-linked Saving Accounts

Commercial Gaming
12/22/2020 - By: Glenn Light, Karl Rutledge

Prize-linked savings (PLS) accounts are a new and exciting way for banking customers to experience the thrill of a lottery while personally funding their savings account. PLS accounts add a lottery-style feature to certain savings accounts where financial institutions offer incentives to its customers to win prizes. These prizes are funded by the interest that accrues from the pool of prize-linked accounts.

Category: Commercial Gaming

EEOC Issues New Guidance to Employers Regarding Mandatory Covid-19 Vaccinations

12/18/2020

On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued new guidance to employers that want to require employees to get Covid-19 vaccinations when they become available to most Americans. The guidance also outlines the steps that employers must take before they can exclude unvaccinated employees from their facilities and job sites.

URGENT: Widespread Hacking Campaign Could Require Immediate Action

12/15/2020 - By: John Gray, CIPP/US

FireEye, Inc., a leading U.S. cybersecurity firm, recently disclosed that it had been hacked by a nation-state actor. The company has since revealed that the hack was likely perpetrated, in part, through an ongoing compromise of “Orion” IT monitoring and management software offered by SolarWinds Worldwide, LLC.

Ransomware Attack Hits Major Service Provider for Accounting and Healthcare Organizations

12/11/2020 - By: John Gray, CIPP/US

According to recent reports, cloud hosting and IT services provider Netgain, which bills itself as “the industry standard for secure and scalable IT-as-a-Service (ITaaS) for accounting and healthcare,” has been forced to take some of its data centers offline after suffering a recent (and potentially ongoing) ransomware attack.

CBCA Offers a Sneak Peek at Pandemic-Related Delay

12/01/2020 - By: Ross Crown

No question, the ongoing COVID-19 pandemic is giving rise to multitudes of delay claims (along with claims of other varieties) by contractors against the federal government.

IP of Everything Podcast - Episode 5 - The IP of Political Campaigns

Intellectual Property

Campaign rallies and political events are kicking off, and so are the cease and desist demands! Our team discusses many of the IP issues that politicians can find themselves in. Find out more in this episode.

Don't Feed the Patent Trolls

10/20/2020 - By: David Plumley, Drew Wilson

Not all patent owners exploit their patents by making and selling products. Rather, some monetize their patents through licensing in which case the entities are referred to as “Non-Practicing Entities” or "NPEs." Some NPEs own strong and valid patents, and engage in commercially reasonable licensing activities.

IP of Everything Podcast - Episode 4 - The IP of #!&%!

Intellectual Property

Get the swear jar ready, because our hosts are pushing the envelope this episode! How far can trademarks go when the mark might include offensive language or imagery? Find out in this episode!

Navigating the Legal Risks as Employers Prepare for a Possible COVID-19 Vaccine​

09/24/2020 - By: Laura Pasqualone

Labor and Employment attorney Laura Pasqualone discussed on the Employment Legal Alliance podcast the potential legal issues employers may face once a COVID-19 vaccine is available to the public.

GAO Affirms Denial of Protest by Contractor Who Failed to Submit an Adequately Written Proposal

09/14/2020 - By: Ross Crown

The Government Accountability Office (GAO) recently denied a protest brought by a contractor who failed to submit an adequately written proposal for the award of a federal contract. This decision breaks no new ground legally but it serves as a timely reminder of how failure to identify the assumptions upon which a proposal is based will yield a disappointing result.

BOK Financial Webinar: Preparing for the New Office Normal

09/11/2020 - By: Melanie Pate

BOK Financial Insurance hosted a webinar on Thursday, September 10 with industry experts who provided insights and recommendations on navigating the increased presence of teleworking as well as considerations when preparing your workplace for employees to return to the office.

Category: Labor & Employment

Rights of Publicity vs Trademark Rights: What Are the Differences and How to Use Them

Intellectual Property
09/10/2020 - By: Oliver Bajracharya, Drew Wilson

Social media influencers' name, image and likeness can be protected by “the right of publicity.” Intellectual property attorneys Oliver Bajracharya and Drew Wilson address the legal issues surrounding the right of publicity and how the law views this “right” which differs from state to state.

The Art of IP Protection: Copyright

Intellectual Property
09/03/2020 - By: Thomas Daly, Drew Wilson

IP attorneys Tom Daly & Drew Wilson discuss three intellectual property tools that protect the art and design of products.

IP of Everything Podcast - Episode 3 - Band Names

Intellectual Property

We're putting the band back together, man! Wait, who owns the name? What happens to the ownership between management and band members while the band is together and after they split up? Who can claim their legacy? Find out in this episode.

The Art of IP Protection: Design Patent

Intellectual Property
08/27/2020 - By: Thomas Daly, Drew Wilson

IP attorneys Tom Daly & Drew Wilson discuss three intellectual property tools that protect the art and design of products. Design patents play a role in ensuring a product’s brand and life cycle is protected. Knowing what protection you need for your specific product can be a game-changer for your business. Whether you are a startup or an established business launching a new product, this series can help you determine the best tools to protect the intellectual property of your products.

Managing the Workplace in A Pandemic: Tips for Employers to Survive the Era of COVID-19

HR can be especially challenging for smaller employers with limited resources and can be even more challenging for business during the COVID-19 rebuilding period. In these difficult times, it is important to be prepared for the new normal in the workplace. This webinar slide deck aims to discuss some of the most critical areas you need to be aware of to avoid HR-related fines, lawsuits, or penalties.

Category: Labor & Employment

The Art of IP Protection: Trade Dress

Intellectual Property
08/20/2020 - By: Thomas Daly, Drew Wilson

IP Attorneys Tom Daly & Drew Wilson discuss three intellectual property tools that protect the art and design of products. Copyright, trade dress and design patents all play a role in ensuring  a product’s brand and life cycle is protected.

Nevada Enacts SB4 – Limiting Liability for Businesses and Imposing Stricter Health Regulations

SB4 has a number of implications for Nevada businesses, which includes: (1) requiring certain state agencies and the Clark and Washoe County health districts to adopt regulations related to lodging facilities for the duration of the COVID-19 pandemic; (2) limiting civil liability for businesses and other entities that substantially comply with controlling health standards; and (3) granting additional enforcement authority to certain state agencies, including the Nevada Secretary of State (“SOS”).

Rockin' in the Not-So-Free World—Can Politicians Use Songs When Artists Object?

08/06/2020 - By: G. Bleeker

Neil Young recently filed a copyright infringement suit against Donald Trump’s re-election campaign. Young alleges that the use of his songs Rockin’ in the Free World and Devil’s Sidewalk at Trump campaign rallies and political events including Trump’s recent rally in Tulsa, Oklahoma on June 20, 2020 were done without permission and constitute copyright infringement.

IP of Everything Podcast - Episode 2 - The IP of Tattoos

Intellectual Property

To protect or not to protect. Are tattoos subject to copyright protection? Can tattoos infringe a trademark? Join us as we explore the lines associated with intellectual property protection of tattoos and how those issues affect what tattoo artists, recipients, and even photographers need to keep in mind.

Supreme Court Establishes CWA "Functional Equivalence" Test for Discharges to Groundwater

07/16/2020 - By: Dietrich Hoefner

The opinion resolves the key legal issue in a citizen suit brought by a number of environmental interest groups alleging that Maui County, Hawaii, requires a CWA permit in connection with discharges of treated sewage into groundwater.

U.S. Supreme Court Decisions Impact Rights for Religious Employers

Religious Liberty
07/16/2020 - By: Eric Kniffin

On July 8, 2020, the United States Supreme Court released two decisions with important implications for the rights of religious employers.