Blog Articles

Recent Blog Articles

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.

Southwestern States COVID-19 Tax Relief Update: States Beginning to Provide Advice on Income Tax Conformity to Provisions in the CARES ACT

07/10/2020 - By: Pat Derdenger, Karen Lowell

The following summarizes the latest news in the Southwest relating to state tax and the COVID-19 pandemic.

Arizona Seeking Public Comment on Draft COVID-19 Penalty Abatement Procedure

07/06/2020 - By: Pat Derdenger, Karen Lowell

On June 30, the Arizona Department of Revenue issued a draft Transaction Privilege Tax Ruling TPR 20-XX and the corresponding Transaction Privilege Tax Procedure TPP 20-XX. These tax rulings are the first step formalizing the procedure for late payment penalty abatement due to  COVID-19.

Category: Taxation

Supreme Court Finds BOOKING.COM Non-Generic And Capable Of Federal Trademark Registration

06/30/2020 - By: David Jackson, Jennifer Van Kirk

Can a generic word combined with “.com” ever be eligible for trademark protection in the United States? Yes, under the Supreme Court’s 8-1 decision in United States Patent And Trademark Office v. Booking.com  B.V., issued today.

Southwestern States COVID-19 Tax Relief Update

06/26/2020 - By: Pat Derdenger, Karen Lowell

As the COVID-19 pandemic continues, states are clarifying their position on certain tax relief provisions available to taxpayers. Additionally, taxpayers in the Southwest and nationwide should be aware that the July 15 extended filing deadline for 2019 corporate and personal income tax at the federal and state levels is rapidly approaching.

Rising Tide of Ransomware and Waves of COVID-19

06/25/2020 - By: John Gray, CIPP/US

Since January, the COVID-19 pandemic has altered the global economy, leading to even greater cybersecurity threats as more and more people are connecting remotely. Indeed, the FBI has reported a 300% increase in the number of daily complaints submitted to its Internet Crime Complaint Center (IC3) during the pandemic.

Trademarks for COVID-19 Products and Services Given Free Expedited Examination by the USPTO

06/23/2020 - By: David Jackson, Jennifer Van Kirk

Businesses small and large have been impacted in myriad ways by the COVID-19 crisis but some businesses have responded by reinventing themselves by making products or providing services to meet the new demands of COVID-19.

Do You Have Your Copyright House in Order?

06/22/2020 - By: Jennifer Van Kirk

Taking a few small steps to set up your company’s Digital Millennium Copyright Act agent can provide significant protection against copyright claims.

IP of Everything Podcast - Episode 1 - IP of Tiger King

Join our panel of intellectual property lawyers as they discuss the IP litigation cases and issues associated with one of the hottest shows on Netflix - Tiger King. Hear how you can avoid some trademark pitfalls.

California Lawsuit Against Apple Over Loot Boxes

06/17/2020 - By: Glenn Light, Karl Rutledge, Mary Tran

The complaint claims that Apple profits from games with loot boxes by marketing the games to children, acting as an agent for the game developers, and managing the monetary transactions. Apple does not explicitly provide notice that a loot box game feature exists and instead provides disclosures of “Offers In-App Purchases.”

Defense Department Issues Guidance to Contractors on Managing Impact of COVID-19

06/15/2020 - By: Ross Crown

On March 30, 2020, the Office of the Under Secretary of Defense issued a memorandum to procurement officials throughout the Department of Defense on managing the effects of the COVID-19 virus on defense contracts. This memorandum is authored by Kim Herrington, the Acting Principal Director, Defense Pricing and Contracting. Although the memorandum lacks detail, it should be viewed as an encouraging sign from the DoD that it recognizes its contractors are impacted by the virus and that they are entitled to seek relief.

U.S. Supreme Court Rules that Title VII Protects LGBTQ Employees from Discrimination

06/15/2020

The United States Supreme Court issued a landmark decision on June 15, 2020, ruling that Title VII of the 1964 Civil Rights Act protects employees from discrimination based on their sexual orientation and gender identity. Chief Justice John Roberts and Justice Neil Gorsuch sided with the Court’s more liberal members in finding that Title VII’s ban on discrimination “because of sex” covers sexual orientation and gender identity.

Category: Labor & Employment

EEOC Issues New COVID-19 Guidance for Employers on Variety of Topics

06/12/2020 - By: Melanie Pate

On June 11, 2020, the U.S. Equal Employment Opportunity Commission issued new guidance that addresses numerous pandemic-related topics. 

Paycheck Protection Program Flexibility Act Provides Employers Greater Leniency and Opportunities for Loan Forgiveness

06/05/2020 - By: Hannah Dolski, Melanie Pate

On June 5, 2020, President Trump signed into law the latest COVID-19 relief-related legislation: the Paycheck Protection Program Flexibility Act (the “Act”). As stated in the title of the Act, the purpose of this legislation is to provide the recipients of PPP loans greater flexibility in the use of loan funds, while maintaining eligibility for loan forgiveness.

$155 Million Offered to Settle Two Big Fish Games Class Action Lawsuits

06/03/2020 - By: Glenn Light, Karl Rutledge, Mary Tran

Big Fish Casino is a social gaming application that provides “freemium” online casino games. Similar to many other providers, users are awarded free chips when they create their account and may obtain additional chips by winning games, via free chip replenishment, or by purchasing additional chips. Big Fish Games was owned by Churchill Downs Incorporated and subsequently sold to Aristocrat Leisure Limited earlier this year.

Category: Commercial Gaming

The USPTO Continues To Offer Relief For Businesses Impacted By COVID-19

The USPTO has twice announced extensions of certain trademark and patent deadlines in accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The most recent extensions will lapse on May 31, 2020, but the USPTO will continue to offer some relief.

A Surprising Question: Is The New Small Business Reorganization Act of 2019 Retroactive?

05/21/2020 - By: Rob Charles

The SBRA law became effective in February 2020. In March, Congress increased the eligibility limit to businesses with up to $7,500,000 in debt for at least a year. Many, if not most, chapter 11 filings could qualify.