Offensive Trademarks Are Protected Under the First Amendment

The Supreme Court ruled Monday that a provision of federal trademark law banning offensive trademarks from federal registration is unconstitutional. Matal v. Tam, No. 15-1293 (U.S. June 19, 2017). The case concerned a dance rock band’s application for a federal trademark registration of the band’s name, “The Slants.” “Slants” is a derogatory term for persons of Asian descent. View Full Post
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There’s No Crying at Work! but if an Employee Does Cry, is That Sufficient Notice of the Need for FMLA Leave?

By | FMLA Insights | June 23, 2017
Reports that I have been captured by a Sri Lankan sloth bear in the dry forests of Sri Lanka are greatly exaggerated. I am alive and well. Sorry for the long delay since my last post. You see, spring is my busy season — when I am not practicing law, I spend seemingly every waking minute coaching my sons’ little league and travel baseball teams. View Full Post
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And On the Seventh Day, Let Them Rest… or Work—if They Want!

Seyfarth Synopsis: Last month in Mendoza v. Nordstrom, Inc., the California Supreme Court addressed three questions about California’s “day of rest” statutes that prohibit employers from causing employees “to work more than six days in seven.” California employers can now rest assured that (1) employees are entitled to one day of rest during each workweek, not one day of rest in every rolling seven days; (2) an exception permits employers to require work each day of a workweek if every daily shift in that workweek is no more than six hours; and (3) while employers cannot require employees to forgo a day of rest, employees remain free to choose to work all seven days in a workweek. View Full Post
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Final Judgment Rule – Four Exceptions to Keep in Mind

Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong.  The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment Rule.”  The rule certainly sounds dark and fateful.  View Full Post
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Getting Up to Speed On Blockchain, Bitcoin, Ethereum, Cryptocurrencies and ICOs

By | The Venture Alley | June 7, 2017
Much has been written recently on blockchain, Bitcoin, Ethereum, cryptocurrencies and initial coin offerings (ICO). Unfortunately, for non-computer scientists (like me), trying to understand these concepts and their potential implications can be a bit overwhelming. To help all of those non-technologists trying to get their heads around blockchain, Bitcoin, Ethereum, cryptocurrencies and ICOs, I pulled together the following list of resources that I have found useful. View Full Post
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EU EPrivacy Regulation Proposal Falls Short of Parliament’s Expectations

The European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs commissioned a study to assess the European Commission’s draft e-Privacy Regulation, which was published in January 2017.  The e-Privacy Regulation aims to harmonise privacy rules across the EU in the area of electronic communications, but the study has found that the draft e-Privacy Regulation does not as far as the GDPR in some respects. View Full Post
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