The Sixth Circuit Court of Appeals recently reversed a Michigan District Court’s grant of a motion to compel arbitration and dismissal in an unpublished decision Fleming v. Kellogg Company et al., No. 23-1966. Case Overview: ERISA Claims Against Kellogg Company In the...
Articles
How to Build Your Brand and Stay Compliant with Contests and Sweepstakes
In today’s digital marketing landscape, brands frequently leverage promotions like sweepstakes and contests to engage consumers, build brand loyalty, and expand their audiences. While both are popular strategies, the legal frameworks governing contests and sweepstakes...
The Cleveland Browns’ Battle Over Ohio’s Modell Law and Future Stadium Plans
On October 24, 2024, the Cleveland Browns filed a preemptive lawsuit in the United States District Court, Northern District of Ohio, seeking a declaratory judgment to strike down Ohio’s "Modell Law" as unconstitutional. Such a declaration may permit the Browns to move...
When Are Pending Trademark Applications Subject to Court Review?
Generally, third parties who believe they may be harmed by a trademark registration can challenge a USPTO trademark application through the Trademark Trial and Appeal Board. However, do third parties have another avenue in challenging such applications in federal...
Betting on Trump or Harris? US Federal Court of Appeals Says That’s Ok, For Now
Earlier this week, the financial services company Robinhood, which caters to retail investors, rolled out its derivative market for trading on the outcome of the upcoming United States presidential election. These trades are an example of “event derivative trading,”...
LGBTQ+ Estate Planning: 5 Actions You Should Take Right Now
Gallup reports that 7.6% of U.S. adults currently identify as lesbian, gay, bisexual, transgender, queer, or another sexual orientation other than heterosexual. While this figure represents a growing trend, individuals identifying as LGBTQ+ represent a minority within...
Keurig Pays the Price for Misleading ‘Recyclable’ K-Cup Claims
The Securities and Exchange Commission (SEC) recently charged Keurig Dr Pepper Inc. with making inaccurate statements about the recyclability of its K-Cup single-use beverage pods in violation of securities laws. The case highlights the importance of accurate...
IRS Increases 2025 Federal Estate Tax Exemption and Gift Tax Exclusions: Key Points for Taxpayers
Estate planning is a lot like putting together a puzzle. The client provides you with their box lid showing what they want the ultimate result of their plan to look like. Then, estate planners are tasked to identify and gather the various pieces and put it all...
New NLRB Memo Targets Non-Compete & Stay-or-Pay Policies: Key Updates for Employers
NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 25-01 on October 7, 2024, announcing her goal to remedy the alleged harmful effects she views inherent to overly broad non-compete and stay-or-pay provisions by imposing increasingly generous remedies. This...
The SECURE Act: Key Changes and Updates
The SECURE Act: Key Changes and Updates The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) was originally signed into law on December 20, 2019. The Act simplifies the process for businesses to establish “safe harbor” retirement plans, making...