Crafting the Effective Trademark Cease-and-Desist Letter
April 02, 2014
The cease-and-desist letter is a routine occurrence in the practice of most trademark attorneys. And, often it is treated routinely ' something that is little more than a form and is given little more thought than a form.
Florida Pro-Provider Laws
April 02, 2014
It has been said that there is nothing new under the sun, but that is not so in the Sunshine State, where efforts to enact medical malpractice "reform" resemble a religious crusade.
FTC: Professional Associations' Ethical Codes Restrict Competition
April 02, 2014
On Dec. 16, 2013, the FTC announced consent decrees settling charges that two professional associations, the Music Teachers National Association (MTNA) and the California Association of Legal Support Professionals (CALSPro), had violated Section 5 of the FTC Act by using their respective codes of ethics to restrain competition among association members.
Drug & Device News
April 02, 2014
Bellwether Trial Opening in Vaginal Mesh MDL <br>NuvaRing Settlement in the Works
In Broad Daylight
April 02, 2014
e-Commerce and payments fraud schemes such as phishing, e-mail hacking, and malware attacks are an ongoing, growing threat across industries. While some fraud is inevitable, a major incident could cause incalculable damage to a company's finances, regulatory standing and reputation. And with the use of mobile payments and e-commerce on the rise, the danger is increasing.
Avoid Transfer Taxes? Maybe Not
April 02, 2014
Last month, we began discussion of a hypothetical couple's transfers of assets to one another. We continue our analysis of the tax consequences of their proposed agreement herein.
The Privacy/ Security Clash's Unexpected Consequence
April 02, 2014
Every online enterprise today is struggling to manage and exploit the exploding volume of personal information that comes within their possession, while also maintaining data security and complying with privacy-related laws and regulations. They are not alone. Courts, legislators and regulators also are striving to find ways to protect legitimate privacy rights while keeping the realities of today's technology evolution and business environment in mind.
Domino's Challenges Joint Employer Liability for Franchisors
April 02, 2014
After more than three years of litigation, delivery workers for four Domino's pizza restaurants in Manhattan are receiving payments for unpaid wages. The payments of nearly $1.3 million began in January and are divided among approximately 60 delivery workers. While rare, the case applied well-settled principles of joint employment under wage and hour law to bring in the franchisor.
Dying Intestate After Divorce
April 02, 2014
I have been practicing law for over 25 years, but I am still shocked when I hear that a person who spent so much time, effort, and money in a divorce proceeding has not taken the time to confer with an attorney and sign a will.
Are We All Computer Felons?
April 02, 2014
As cyber victims and law enforcement struggle to find the means, both technical and legal, to respond to these attacks, critics claim that certain laws go too far. One statute, the Computer Fraud and Abuse Act has come under recent scrutiny due to its use against unsuspecting individuals who may not be the malicious hackers that the Act was originally meant to address.
