Google V Oracle: Can Computer Code be Copyrighted?
The issue of whether or not computer code is subject to copyright protection has finally reached the Supreme Court of the United States (SCOTUS).[1] Although the particular court case surrounding this controversial issue has only been making its way through the...
Using a Competitor’s Name in Advertising? How Trade Libel, Fair Use and Anti-SLAPPs Can Have an Impact on Your Marketing
Every day you may come across an advertisement or marketing campaign where one company compares its’ products or services to that of another. The legal consequences of doing so may seem intuitive on either side of the argument. For example, on the one hand, it should...
Trademark Priority Use: Senior Users, Junior Users and the Common Law
In many countries, such as the United Kingdom[1] and China[2], trademark rights are granted to users who are the first to file for a trademark’s registration. In the United States, trademark rights are vested to users who are the first to use the mark in commerce.[3]...
Sarbanes Oxley & “Adequate Internal Controls”: Safeguarding Confidential Information in an SEC-Mandated Blackout
In 2002, the United States Congress passed the Sarbanes-Oxley Act (the “Act”) of 2002 to combat corporate and accounting fraud.[1] The Act was passed in response to a series of corporate bankruptcies and other scandals that occurred in previous years, the Enron...
The Tort of Appropriation: Consequences and Avoidance Strategies
In the age of the internet, successful marketing and advertising requires businesses to be able to immediately capture the attention of potential customers. Often, this can be accomplished by using a familiar face or voice in advertising material. Whether it is a...
What’s in a Name? Avoiding Promoter Liability in Pre-Incorporation Contracts in Presley v. Ponce Plaza
A corporation must file the necessary paperwork with the Secretary of State to be incorporated. The incorporation process might take some time, and while this process is pending, the individuals forming the corporation may need to sign purchase orders, leases, or...
Can a Business Sue for a Bad Review?
The Confluence of Free Speech and Free Enterprise In the digital age, the culture surrounding how a business is “reviewed” by a customer or patron has become one of the most determining factors of a businesses’ success. The growing popularity of websites such as Yelp,...
McConville v. SEC: Widening the Net through Falsities and Scienter
McConville v. United States involved a petition for review of an order of the Securities and Exchange Commission (“SEC”) finding violations of several sections of the Securities Exchange Act of 1934 by the chief financial officer of Akorn Incorporated.[1] Akorn...
OCIE Risk Alert Cautions Registered Funds to Address Deficiencies
Recently, the Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert listing the deficiencies and weaknesses found most often by the agency while examining registered investment companies (“funds”).[1] The Risk Alert also includes observations...
Racing Against the Clock: How Somers Forces Whistleblowers into Silence or Premature SEC Reporting
On February 21, 2018, the Supreme Court in Digital Realty Trust, Inc. v. Somers[1] narrowly construed the definition of “whistleblower” in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act” or “Act”) and thus limited who qualifies...
A No-Brainer: Protecting Your Website Under the DMCA
In the United States copyrights are federally protected under the Copyright Act of 1976.[1] Unaddressed under the Copyright Act of 1976, exponential advances in technology in the nineties led to the proverbial “opening of the floodgates” for a deluge of a variety of...
Permanent Establishment through Agent: Dangers of Unintentionally Submitting to Foreign Jurisdiction
Businesses with global operations often pursue and maintain relationships by relying on their globally mobile employees to initiate and sustain relationships with their foreign customer bases. These practices may have developed over a number of years in line with the...
The Consequences of Misrepresentations in the Sale of a Tech Company
Whether it’s a company buying out its competition or a corporate tech giant purchasing a business so as to integrate its assets with another company’s assets, the sale and acquisition of tech companies is a massive part of the technology industry with billions of...
Avoiding the Unauthorized Practice of Law in Florida: The Basics
Like most jurisdictions, the unlicensed practice of law (“UPL”) is prohibited in Florida.[1] Therefore, distinguishing lawful services from those which are unlawful is crucial. The unauthorized practice of law is the practice of law by a person who is not a lawyer...
A Guide to Knowing How and When to Protect the Copyrights in Software
With competition and digital piracy on the rise, it is now more essential than ever to ensure that you have correctly protected your software’s intellectual property rights. Certain components of a software program may be protected under different bodies of...
Corporate Armor: How WH Smith Avoided Corporate Veil Piercing in Florida
WH Smith, PLC v Benages & Associates involved an action to pierce the corporate veil of an entity arising out of the breach of an agreement.[1] On March 30, 2001, Benages & Associates (“Benages”) and WH Smith, Inc. (“ Smith Georgia”) entered into an agreement...
Recognizing the Importance of Quality Drug Testing Training in the Wake of Stinson
Employers owe a duty of care to their employees, but how far does “Duty of Care” extend when a third party is involved? The court in the following case had to determine whether a laboratory that performs drug screening at the behest of an employer owes a duty of care...
Can a Trademark Owner Force Me to Change My Company’s Name?
Knowing when your company’s brand may be at risk could help you save the identity of your business. One day, you’ve managed to come up with the perfect name for your company, product or services, the next day you receive a cease and desist letter from someone claiming...