By David Posteraro If you have ever attempted to view online content and received a message that the content is unavailable in your country, you may find this occurring more often; so too, content that you may have viewed yesterday, may not be available tomorrow. On...
Articles
District Court Deals Blow to Unauthorized Resellers, Confirming First Sale Doctrine Not Absolute
In ADG Concerns, Inc. v. Tsalevich LLC, the Northern District of California found that the defendant’s unauthorized resale of plaintiff ADG Concerns’ products amounted to trademark infringement and unfair competition. The decision is a win for manufacturers...
Overview of the New Board Rules for Chronic Pain Opioid Prescriptions
By Kate Hickner This article was originally published in the March/April 2019 issue of Northern Ohio Physician. On December 23, 2018, Ohio physicians became subject to new rules governing the prescription of opioids to address chronic pain (the “New Rules”).¹ The New...
California Mandates Gender Diversity For Boards – Will Other States Follow?
By Cary Zimmerman On September 30, 2018, California became the first state to mandate corporate board gender diversity by requiring public companies to include minimum numbers of women on their boards with the signing of Senate Bill No. 826. The law requires that, by...
Will I Be Arrested?
At least once a week, clients ask us questions along the following lines: someone filed a police report against me, will I be arrested? When will I be charged? Will the police come looking for me? I didn’t do anything wrong, so when will the police tell me the case is...
Is Ban on “Immoral” or “Scandalous” Trademark Registrations Constitutional? Supreme Court to Decide
By David Posteraro Brand Scandal at the Trademark Office: Section 2(a) of the Trademark Act is FUCT Sex sells. From lux designers to street wear, wines and cosmetic, brands flirt with the scandalous. At times this flirtation is explicit in the brand name itself....
National Labor Relations Board Restores Independent-Contractor Test
The National Labor Relations Board (NLRB) has overturned yet another Obama-era precedent—the 2014 FedEx Home Delivery decision. On January 25, 2019, the NLRB issued a new decision, in SuperShuttle DFW, Inc., No. 16-RC-010963, reversing course and clarifying the...
Is Your Business Prepared for Tax Season Cyber Attacks?
By Kyle Hutnick Every year around this time, the IRS sounds the alarm about threats of stolen identity thanks to crooks looking to con you into handing over your sensitive information. This tax season is no different, with rising reports of social engineering schemes...
Stark 101 for Physicians
A version of this article was previously published in Communique. Sometimes those of us in the healthcare industry become so immersed in the multitude of applicable regulations, and their evolution and ambiguities, that we need to take a step back and be reminded of...
HIPAA Business Associate Agreements: Why These Contracts Matter
By Kate Hickner No one loves drafting, reading or negotiating HIPAA Business Associate Agreements (BAAs). Yet many of us need to do so, and some of us do so daily. They are often boring, dense and technical, but BAAs are important from both a legal and a business...