Publications
Greetings, Court Fans! The Court was busy this week, with four new decisions to go along with one from last Friday. No wonder it extended the temporary “administrative stay” placed on the hot-potato mifepristone appeals from Wednesday evening to midnight tonight. As of press time, the Court has not issued a decision, so we’ll keep […]
Recently, in Dunn v. Northeast Helicopters Flight Services, L.L.C.,[1] the Connecticut Supreme Court relied on a largely unknown provision of Connecticut law to expand the narrow circumstances under which an at-will employee can invoke the common law doctrine of wrongful discharge in violation of a public policy to challenge his or her termination. The facts […]
This paper, presented in conjunction with the AIPLA 2023 Spring Conference panel, “Brand Protection in the Metaverse,” provides an overview of the challenges and opportunities to brand-owners afforded by the Metaverse, discusses both offensive and defensive intellectual property (IP) protection considerations relating to entering and taking advantage of the Metaverse while protecting against incursions that may harm […]
OVERVIEW In one of the most ambitious pieces of legislation to be passed in the modern era, New York City passed Local Law 97 in May 2019 [1], as updated most recently by the New York City Department of Buildings’ (the “Department”) adoption of Section 103-14 of Chapter 100 of Title 1 of the Rules […]
The Private Client Services team is pleased to announce the launch of the “International Estate Planning” series. In the first issue, authors Carolyn Reers and Mi-Hae Russo discuss the interconnectivity of living, working, and investing across borders and how it can lead to risks for trusts. To read more, click the PDF below.
The Court continued its slow drip of decisions in less-prominent cases this week with Wilkins v. United States (No. 21-1164), which addressed whether the limitations period for suits against the government under the Quiet Title Act is “jurisdictional” or not. But this time, the decision wasn’t unanimous, with six of the justices concluding the limitations […]
With educational expenses on the rise, planning for your children’s education while they are still young is usually advisable. Many families find that a “section 529 education savings plan,” or more commonly known as a “529 plan,” works well for this purpose, but there are potential pitfalls to 529 plans. In re Marriage of Daon […]
On March 27, 2023, Partners Joseph Casino and Michael Kasdan co-authored an article in the New York Law Journal’s Law.com titled, “Does AI Infringe IP Laws When It Uses Copyrighted Material for ‘Inspiration’?”. Their article examines how artificial intelligence uses other materials as a reference point and the infringement of copyright that displays. With the […]
Greetings, Court Fans! This week, the Court heard argument in a pair of interesting trademark cases: Abitron Austria GmbH v. Hetronic International (No. 21-1043), which asks whether U.S. trademark law applies to conduct in foreign countries; and Jack Daniel’s Properties v. VIP Products (No. 22-148), addressing just how much the First Amendment protects dog-poop jokes […]
The Federal Trade Commission (FTC) has announced its intention to ramp up enforcement of the Robinson-Patman Act (RPA), a Great Depression era anti-price discrimination law. Neither the FTC nor the DOJ has significantly enforced the RPA for several decades. This announcement marks a major shift in the enforcement landscape. Companies should work with counsel to […]
On March 6, 2023, Partner Michael Kasdan and Patent Agent Brian Pattengale published an article in Les Nouvelles March 2023 publication titled, “The Once thought Far-Off-In-The-Future Challenges To Copyright Law Posed By Artificial Intelligence Have Arrived: And I For One-Gulp-Welcome Out New Robot Overlords.” The article is a deep drive on the current state of […]
Greetings, Court Fans! It seems the Nine may finally be settling into a practice of actually issuing decisions in argued cases. This week witnessed two more relatively minor decisions, including one with a first-of-its-kind lineup. Read on for summaries of Delaware v. Pennsylvania (No. 145, Orig.),in which the Court unanimously held that that the First […]
Exactly one year ago today, on March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”), 9 U.S.C. §§ 401-02. The EFAA amends the Federal Arbitration Act (“FAA”) to essentially bar compulsory arbitration of claims for sexual assault or sexual harassment as the term has […]
On February 28, 2023, Partner Michael Kasdan authored an article in The Patent Lawyer Magazine titled, “Turbulent times: Nike v Lululemon over FlyKnit patent portfolio.” Mike’s article discusses the recent lawsuit brought by Nike against Lululemon regarding a patent infringement of three of Nike’s FlyKnit patents. To learn more and to read the article, click […]
On February 24, 2023, the U.S. Supreme Court added another layer to the already-complicated matrix of overtime exemptions when it concluded that an employee earning $963 per day, and over $200,000 per year, failed to satisfy the “highly compensated employee” exemption to overtime compensation under the Fair Labor Standards Act (FLSA), and was therefore entitled […]
Last week, the National Labor Relations Board (“NLRB”) issued an order overruling two Trump-era decisions and finding non-disclosure and confidentiality provisions routinely used by employers in separation agreements unlawful under the National Labor Relations Act (“NLRA”). This reversal should prompt employers to review their standard severance agreements. The Biden NLRB’s McLaren Macomb Decision[1] At the […]
Greetings, Court Fans! After waiting until late January to issue its first signed opinion of the term, the Nine then made us wait another month for the second (and, so it happens, the third and the fourth). That’s still well behind the typical pace: In most terms, we’d expect to have seen upwards of a […]
On February 16, 2023, Partner Michael Kasdan published an article in Law.com’s Legaltech News titled, “Breaking Down the NFT License Agreement for the Pre-Super Bowl Rihanna Song NFT That Entitles Owners to a Percentage of Future Digital Streaming Royalties.” Mike breaks down the license agreement behind the NFTs that were dropped by a music producer […]
Courts are often reluctant to enforce no-contest clauses in estate and probate matters. As noted in our prior alert on the Connecticut Appellate Court case Salce v. Cardello, even where the terms of the no-contest clause appear to have been breached, the enforcement of a no-contest clause can be a wildcard, especially where a Probate […]
Following his participation in US Patent and Trademark Office and US Copyright Office’s joint round table on NFTS and IP, Partner Michael Kasdan submitted public comments responding to related Federal Notice of Inquiry. His comments focused on three areas: (a) explaining the breadth of NFTs – in terms of use cases, industry verticals, and the way they […]
At the end of last year, the Michigan Court of Appeals issued an opinion in the case of In re Estate of Daniel K. Wallace, noting the importance for a fiduciary to administer an estate and operate the estate’s business interests in accordance with fiduciary obligations. The case highlighted the mistake that many fiduciaries, especially […]
Recent financial headlines have been inundated with stories of privately held companies, such as WeWork, Theranos and FTX, raising significant amounts of capital, only for investors to find out that the projections and promises they had received had no basis in fact. With the rise of “unicorns” (companies valued at more than $1B) and “decacorns” […]
The United States Department of Justice Antitrust Division announced on February 3, 2023, that it has withdrawn from three guidance documents, issued in 1993, 1996 and 2011. The reason given was that the guidance documents were deemed “obsolete.” The most significant aspect of this announced withdrawal is that each document provided certain “safety zones” for […]
As we continue in another year of growth, we want to assure you that we are here to provide timely, cost effective and thoughtful legal counsel to a diverse client base. Attached is our M&A practice year end review. We trust you will find it both interesting and a reflection of our expertise as we […]
Partner John Doroghazi authored an editorial for the Franchise Law Journal, Vol. 41, No. 2, Fall 2021 Edition. The editorial can be read in full at the PDF link below.
Partner John Doroghazi authored an editorial for the Franchise Law Journal, Vol. 41, No. 3, Winter 2022 Edition. The editorial can be read in full at the PDF link below.
Partner John Doroghazi authored an editorial for the Franchise Law Journal, Vol. 41, No. 4, Spring 2022 Edition. The editorial can be read in full at the PDF link below.
Partner John Doroghazi authored an editorial for the Franchise Law Journal, Vol. 42, No. 1, Summer 2022 Edition. The editorial can be read in full at the PDF link below.
Partner John Doroghazi authored an editorial for the Franchise Law Journal, Vol. 42, No. 2, Fall 2022 Edition. The editorial can be read in full at the PDF link below.
Pausing to reflect and consider a world without you — or a world with an impaired version of you — is not easy. It is also not easy for your loved ones. Implementing an estate plan is like handing a roadmap of your wishes to your friends and family when you are unable to speak […]