The Legal BriefLegal TrendsSupreme 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… U.S. Supreme Court Dismisses Case Relating to In-House Counsel Attorney-Client Privilege for Dual-Purpose CommunicationsFebruary 3, 2023 Key Take-Away: What is the difference between “a” and “the”? Quite a lot if you are in-house counsel for a company that wants to assert attorney-client privilege for dual-purpose communications made by you as in-house counsel. The Supreme Court of the United States (“SCOTUS”) granted cert in In re Grand Jury and recently heard oral arguments regarding dual-purpose communications, giving hope that… Michelle Wooton and Brian Jett Article Featured in ALI CLE’s The Practical Real Estate LawyerDecember 16, 2022 Jackson Kelly Members Michelle Wooton and Brian Jett recently had an article published appearing in ALI CLE’s The Practical Real Estate Lawyer, which you can find on their website, www.ali-cle.org, and it is attached here in a PDF. The article looks at 13 questions on liquidated damage remedies in real estate purchase contracts under the laws in West Virginia. NCAA Approves New Guidance for Player EndorsementsOctober 28, 2022 The NCAA’s Division I Board of Directors approved new guidance on name, image, and likeness activities. The guidelines, approved on October 26, 2022, clarify how and when schools, coaches, and staff may be involved with athletes’ endorsement and sponsorship deals. Technically, the NCAA did not approve new rules. Instead, the NCAA issued guidance intended to clarify the existing NCAA policy. “The… Trade Secrets and Patents: Which to Use?October 24, 2022 Intellectual property (IP) provides some of the largest value to many companies. But protecting that property through patents can prove to be expensive, while failing to protect some crucial IP like customer lists. In lieu of patents, many companies should consider classifying IP as a trade secret, which enjoys protection under U.S. law and can often be obtained at far lower costs. Patents require… The Rise of Consumer Class Actions: How Changes to the West Virginia Consumer Credit and Protection Act Increased Consumer Class Action Filings in West VirginiaSeptember 26, 2022 Sometimes the best intentions have entirely unforeseen consequences. This is the case with changes that were made to the West Virginia Consumer Credit and Protection Act, W. Va. Code §§ 46A-1-101 et seq. (“WVCCPA” or the “Act”). At the time, there were hundreds of individual lawsuits relating to verbal notification of attorney representation wherein plaintiffs filed suit seeking thousands of… THERE’S NO SUCH THING AS FRIENDS AND FAMILY UNDER THE SECURITIES LAWSAugust 29, 2022 There are three types of securities offerings: registered, exempt, and illegal. When raising capital for a start-up business, many entrepreneurs are very surprised to learn that there is no “friends and family” exemption under the securities laws. Often, entrepreneurs speak of raising money from a “friends and family” offering. “Friends and family” only identifies to whom the offering is made. It… NONLAWYER INVESTMENT IN THE LEGAL ECONOMYAugust 17, 2022 Our Tom Hurney, along with two other attorneys (Marta-Ann Schnabel, O’Bryon & Schnabel, PLC, New Orleans, La., and Susan Gunter, Dutton Brock LLP, Toronto, Ontario, authored a white paper, Nonlegal Investment in the Legal Economy, for DRI’s Center for Law and Public Policy. Here is the link to the full article: https://www.dri.org/docs/default-source/dri-white-papers-and-reports/abs-white-paper-f… Name, Image, and Likeness: The NCAA and College Sports Landscape One Year After AlstonJuly 1, 2022 The college sports landscape changed forever on July 1, 2021, when the NCAA permitted student-athletes to earn compensation for their name, image, and likeness (NIL). Now, a year later, we look back and evaluate how this change happened; the impact of this change on the NCAA, institutions, and student athletes; and the future of NIL. Background In June 2021, the NCAA was preparing to launch a new… Kemp v. United States – The Supreme Court Finds that a Judge’s Error of Law is a “Mistake” Under Rule 60(b)(1)June 16, 2022 Federal Rule of Civil Procedure 60(b)(1) provides that a court may relieve a party from a final judgment due to “mistake, inadvertence, surprise, or excusable neglect[.]” Rules 60(b)(2)-(5) provide more narrowly tailored reasons for relief, ranging from newly discovered evidence to fraud and void judgements. Rule 60(b)(6), however, serves as a catch-all provision providing relief “for any other… Enforcing Trademarks Through Customs RecordationAugust 27, 2021 Federal trademark owners can provide added protection for their mark by recording the registration on the Principal Register with U.S. Customs and Border Protection (“CBP”). This cost-effective method helps address infringing products imported into the United States. In 2020, CBP seized 26,503 shipments of counterfeit goods worth more than $1.3 billion. The CBP also arrested 203 individuals,… Supreme Court Sides with Student Athletes...But What Does That Mean?June 23, 2021 On June 21, 2021, the Supreme Court of the United States changed the collegiate sports world by rendering an opinion in the National Collegiate Athletic Association (“NCAA”) v. Alston, which ultimately will allow student athletes to be presented with education-related benefits outside of what the NCAA has historically permitted. While this opinion surely will be cited in future litigation that aims… |
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