In December 2020, Congress passed the Trademark Modernization Act (the “TMA”), which amends the Lanham Act, in order to fight the now-common practice of registering for trademarks that the owner does not actually intend to use in order to “reserve” the right to use the trademark or prevent others from filing for the trademark. Here, we discuss the four main changes the TMA makes to the Lanham Act.

Working from home has been the norm for many of us for nearly a year. While some companies plan to open their doors this spring and return to working from the office full-stop, others intend to transition to a permanent remote workforce, while still others will implement a hybrid approach.

Whether you plan to bring your staff back to a physical office part-time or will remain fully remote, having a remote workforce raises a number of issues that can have wide-ranging legal and financial consequences if not taken into consideration. More on this below.

Seeing your brand featured by a big publisher like Vogue or Glamour is one of those heart-stopping, exciting moments many founders experience. Your first instinct is probably to repost it anywhere and everywhere--look out world, I’ve made it!

But before you hit that share button, did you know using a publisher’s name and/or logo can raise issues under intellectual property laws? To ensure you stay ahead of the legal curve, we put together a quick list that will help you and your team avoid any unwanted legal headaches-- trust us, you don’t want to receive a nasty cease and desist letter (or worse).

Having already led the way in domestic data privacy regulation by passing the landmark California Consumer Privacy Act of 2018 (the “CCPA”), Californian citizens voted on November 3, 2020 to pass Proposition 24, the California Privacy Rights Act (the “CPRA”). The CPRA is additive to the CCPA, and is by far the most consumer-friendly privacy law passed to date in the United States, as it dramatically expands consumer protections, while imposing robust obligations on companies subject to the CPRA. In order to be in compliance with the CPRA before it goes into effect on January 1, 2023, companies will need to undertake significant changes to their existing privacy practices. In this Client Note, we summarize the key components of the CPRA and the changes companies should expect to make to comply with its terms.

It is common practice for employers to include in employment agreements a mandatory arbitration clause, requiring that any dispute between the employer and employee must proceed to arbitration, rather than the courts. However, in October 2019, California enacted Assembly Bill 51 (AB 51), which prohibits employers from requiring employees to arbitrate labor claims brought under certain California laws. The law has since been challenged in court, leaving employers uncertain about whether mandatory arbitration clauses can and should be used for employment agreements moving forward. This note explains the current status of AB 51 and what it means for employers.

On August 14, 2020, the California Office of Administrative Law approved the California Attorney General’s (the “AG”) final regulations pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), a sweeping data privacy law that regulates how companies process personal information. The regulations contain the last expected round of revisions to the CCPA. In this note, we provide a brief overview of the CCPA's scope and summarize the key substantive change resulting from the approval of the regulations.

Shortly after we sent out Part III of our advice yesterday, the Department of Treasury released additional information about and the application for Paycheck Protection Program loans. The most important announcement is that small businesses and sole proprietorships can begin applying for Paycheck Protection Program loans on April 3, 2020. The first day that independent contractors and self-employed individuals can apply is April 10, 2020. The interest rate for loans issued under the Program is fixed at 1.0%. Treasury is encouraging potential borrowers to apply for a loan as soon as possible and directing businesses to their local SBA-approved lender to find out whether it is participating in the Program.

Please contact us with any questions you may have about the Paycheck Protection Program. We look forward to working with you as we all continue to navigate the impacts of COVID-19.

Although the U.S. federal government is still playing catch-up (on both public health and avoiding an economic catastrophe), last week’s enactment of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) is an important step in trying to blunt the disruption caused by COVID-19. We expect additional federal programs to be rolled out as the economic effects of numerous countries shuttering large amounts of commercial activity reverberate through the national and international economies.

We’re providing Part III of our advice for three reasons: first, to let you know about the financial assistance available to small businesses under the CARES Act; second, to update you on similar laws and policies enacted by state and local governments; and third, to offer proactive steps that start-ups and small businesses can take as COVID-19 disruption continues. We hope this helps you to keep your business nimble and safe and helps you to deliver the best achievable outcome for all stakeholders.

A lot has happened since we sent Part I of our advice last week. Many localities in the United States and much of Europe are in a de facto lock-down including the Bay Area, as well as all of Italy, France, Spain. In the United States, federal, state and local officials have imposed widespread curbs in business activity, including, most recently, New York State’s announcement that most employers must require at least 75% of their employees to work from home, starting today. The Senate’s passage of the federal Families First Coronavirus Response Act (“Coronavirus Response Act”) is a first helpful step by the U.S. federal government to respond to the widespread economic disruption caused by COVID-19, but more will need to be done by governments at all levels.

We’re providing Part II of our memo to let you know about the most recent government actions and to highlight their legal consequences and answer many of the employment questions our clients have been asking us in the last week. We hope this update (and the links to other detailed technical information) helps you take practical steps to reduce the negative effects of COVID-19 on your business and all of its stakeholders, especially employees.

The COVID-19 coronavirus is poised to continue spreading throughout the United States. Even if your company and employees are not directly affected, the broader consequences of COVID-19 on the economy and the dislocations it is already causing in travel, consumer demand, supply chains and financial markets will likely have a significant impact.

We’ve put this memorandum together to highlight some of the legal questions our clients are already grappling with in the hope that you find this useful in your own planning.