The Legal BriefLegal TrendsProtecting Your Own Personal BrandJuly 9, 2024 In our modern, digital-centric age, the rise of celebrities and influencers as personal brands has transformed the landscape of intellectual property (IP). The blend of personal identity and commercial enterprise necessitates a nuanced approach to IP protection, especially when your brand is your name. Strategic foresight and early action are paramount. The Financial Landscape Social media… Supreme Court Broadens Damages Scope for Copyright Owners in Landmark RulingMay 10, 2024 In a pivotal decision that gets to the core of copyright law, the U.S. Supreme Court declared that copyright owners could pursue damages for infringements regardless of when they occurred, provided the claim is filed within the statute of limitations. This ruling effectively dismantles the prior constraints imposed by the three-year statute of limitations in such disputes, unless the case… Jackson Kelly Attorneys Evan Kime and Susan Snowden Articles on Artificial Intelligence Published in Latest Edition of the DTCWV "Defender".May 7, 2024 Evan Kime's article titled "Beyond Boundaries: How AI is Poised to Change Healthcare and Challenge Healthcare Law" and Susan Snowden's article titled "Revolutionizing Presentation Strategies with AI: A Legal Perspective," can be found here: The Defender - Spring 2024.pdf
A Federal Court in Alabama Says That the Corporate Transparency Act is Unconstitutional – What Does this Mean for Businesses Subject to the Act?March 6, 2024 On March 1, 2024, the United States District Court for the Northern District of Alabama (Northeastern Division) issued a decision declaring the Corporate Transparency Act (“CTA” or the “Act”) unconstitutional.[1] As we have previously reported, the CTA is part of the Anti-Money Laundering Act of 2000 and was adopted with the intent of providing law enforcement with beneficial ownership… Good News for Users of Credit Reports: West Virginia Federal Court Adopts the “Reason to Believe” Standard For Users of Credit Reports Under 15 U.S.C. § 1681bJanuary 31, 2024 On January 26, 2024, the United States District Court for the Northern District of West Virginia issued an Order dismissing claims made against Jackson Kelly’s clients under the Fair Credit Reporting Act (“FCRA”) in Wyatt v. A&B Sales, Inc., et al., Case No. 5:23-cv-303. In doing so, the court adopted the “reason to believe” standard with respect to the accessing of consumer credit reports under… Update: Understanding the Corporate Transparency Act, Part IIDecember 1, 2023 We recently provided an overview of the Corporate Transparency Act or the “CTA,” which will go into effect on January 1, 2024 and require most businesses to report information about themselves and their owners to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). That article is linked here. The article notes that a proposed amendment to the CTA would extend the… Understanding the Corporate Transparency ActNovember 27, 2023 The Corporate Transparency Act or the “CTA,” which requires businesses to report information about themselves and their owners to the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN), goes into effect January 1, 2024. The volume of information and articles currently available about the Act may make it seem overwhelming, so to make this manageable, here is an… Jury Verdict in Western District of Missouri May Change How Real Estate Commissions Are CalculatedNovember 22, 2023 On Tuesday, October 31, a federal jury in Missouri delivered a ruling that may impact the real estate industry throughout the country. In Burnett v. N.A.R., et al., a class of home sellers brought an action against several real estate firms claiming that listings contained artificially inflated broker commissions. Here, the jury deliberated, found for the plaintiff homeowners, and ordered… Understanding CopyrightAugust 14, 2023 In the United States, copyright law safeguards original works of authorship that are fixed in a tangible medium, allowing them to be perceived for more than a fleeting moment. This doesn't mean the work must be directly visible; it can be perceived with the help of a machine or device. Here's what can be protected:
Copyright Office Provides Guidance on Artificial IntelligenceAugust 3, 2023 In a recent webinar, the Copyright Office provided crucial guidance on registering works that incorporate AI-generated material, a topic of growing importance as AI becomes increasingly integrated into creative processes. This guidance builds on the Office's March 2023 statement, which clarified that AI-generated works are not eligible for copyright protection due to the absence of human… U.S. SUPREME COURT ADDRESSES PENNSYLVANIA’S CONSENT-BY-REGISTRATION STATUTEJuly 7, 2023 Last week, the Supreme Court of the United States issued a wave of opinions. Included with those cases is an under-the-radar opinion that should put companies on notice. In Mallory v. Norfolk Southern Railway Co., No. 21-1168, the Supreme Court held that a Pennsylvania statute subjecting foreign corporations to general personal jurisdiction because they registered their business in Pennsylvania… Supreme Court Addresses the Interplay of Trademarks and ParodyJune 12, 2023 Recently, the Supreme Court issued a ruling in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC, which provides significant implications for trademark law and its intersection with the First Amendment. This landmark decision affects clients who have trademark concerns, as it provides guidance on when a trademark claim can be protected by the First Amendment. The case involved a dog… |
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