Transgender Employees
October 30, 2007
Part one of this article explained the terminology and discussed some of the challenges employers face in treating transgender employees in a nondiscriminatory manner. Part Two continues the discussion.
Voluntary Versus Mandatory Wellness Programs
October 30, 2007
With the understanding that preventable illnesses means preventable costs, many employers have instituted programs aimed at improving employees' overall physical and mental health. These strategies are commonly referred to as 'wellness programs.' This article examines the types of wellness programs that have been used with increasing frequency, as well as the benefits and risks associated with those programs.
Florida's New Domestic Violence Leave Law
October 30, 2007
On July 1, 2007, Florida became one a handful of states that require employers to provide leave to employees to deal with domestic violence. The new law creates ' 741.313, Florida Statutes, requiring certain employers with 50 or more employees to provide leave for employees to deal with domestic violence issues.
Non-Competition, Non-Solicitation and Non-Disclosure Agreements
October 30, 2007
When negotiating non-competition, non-solicitation and non-disclosure agreements, there are many issues that should be taken into consideration, regardless of whether counsel is given to the employer or employee. For example, is the agreement or restrictive covenant necessary to protect the employer's legitimate business interests? Is the agreement supported by adequate consideration? Is the restrictive covenant reasonably limited as to time and geographical location in which the conduct is prohibited? What law will apply to the agreement?
IP News
October 30, 2007
Highlights of the latest intellectual property news from around the country.
Online Interviewing for Use in Lanham Act Litigation
October 30, 2007
Internet interviewing will undoubtedly become the norm over the next decade. Being familiar with the ways to enhance its reliability and validity will be necessary to create scientifically valid, controlled, and reliable studies that can be used in Lanham Act litigation.
Copyright Misuse: An Overview
October 30, 2007
The doctrine of copyright misuse is a fairly recent development in copyright law. Since it was first recognized less than 20 years ago, the judicially created doctrine has emerged as a valid defense in at least several circuits, while other courts have been reluctant to accept it.
A Summary of the New Rules for Litigating Before the TTAB
October 30, 2007
On Aug. 1, 2007, the U.S. Patent and Trademark Office ('USPTO') issued a final rulemaking action titled 'Miscellaneous Changes to Trademark Trial and Appeal Board Rules' (the 'Amendments'). This article summarizes the most significant Amendments affecting Board <i>inter partes</i> proceedings.
Master Franchisee Buyouts Become More Popular Internationally
October 30, 2007
Franchise attorneys are quite familiar with management buyouts ('MBOs') and have perhaps assisted or consulted in such transactions. Now comes along a new phenomenon in international franchising: master franchisee buyouts ('MFBOs'). An introduction to MFBOs follows, using examples of two recent transactions.