October 1, 2024
The deadline for existing companies to comply with the Corporate Transparency Act (“CTA”) is coming up quickly and it is important that you assess your company’s obligations under the Act as soon as possible. Unless it qualifies for an exemption, any entity created by submitting a filing with a Secretary of State or a comparable governmental agency must file a Beneficial Ownership Information…
September 12, 2024
Receiving an Office Action from the United States Patent and Trademark Office (USPTO) can feel like a setback, but it’s a common part of the trademark registration process. An Office Action is an official letter from the USPTO examiner outlining issues with your application that need to be addressed before your trademark can proceed to registration. Here’s what you need to know—and do—if you…
May 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…
January 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…
December 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…
November 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…
August 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…
June 20, 2023
During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law. HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023.
HB 3270 made two changes. First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to…
January 12, 2023
In transactions involving mergers, acquisitions, and investments, time to complete needed steps for the transaction can feel tight and compressed. Any business owners considering a transaction should consider getting their business in shape. Preparation, even before signing a letter of intent, can increase chances of a deal closing and secure your business’ value. This article focuses on steps…
December 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.
October 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…
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…
October 1, 2024
The deadline for existing companies to comply with the Corporate Transparency Act (“CTA”) is coming up quickly and it is important that you assess your company’s obligations under the Act as soon as possible. Unless it qualifies for an exemption, any entity created by submitting a filing with a Secretary of State or a comparable governmental agency must file a Beneficial Ownership Information…
September 12, 2024
Receiving an Office Action from the United States Patent and Trademark Office (USPTO) can feel like a setback, but it’s a common part of the trademark registration process. An Office Action is an official letter from the USPTO examiner outlining issues with your application that need to be addressed before your trademark can proceed to registration. Here’s what you need to know—and do—if you…
May 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…
January 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…
December 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…
November 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…
August 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…
June 20, 2023
During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law. HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023.
HB 3270 made two changes. First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to…
January 12, 2023
In transactions involving mergers, acquisitions, and investments, time to complete needed steps for the transaction can feel tight and compressed. Any business owners considering a transaction should consider getting their business in shape. Preparation, even before signing a letter of intent, can increase chances of a deal closing and secure your business’ value. This article focuses on steps…
December 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.
October 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…
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…
