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Paul Zimmerman
pzimmerman@mrllp.com
310.299.5500

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Federal Reserve Seeks to Bar Bankers for Misappropriation

A greater awareness of the need to guard against misappropriation of trade secrets and the need for effective remedies has become a rather hot topic of late. With the passage of the Federal Defend Trade Secrets Act, Congress federalized the fight against trade secret misappropriation with the effect that there will eventually be a consistent application of trade secret law across the United States. Regulatory bodies are also ramping up their efforts to stem misappropriation. For example, the DOJ has formed the Intellectual Property Task Force. (Read More)

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Blueberry Muffin Beer Not on Tap at the Trademark Office

As seen on www.craftbrewingbusiness.com:

How does a nice frosty Blueberry Muffin sound on a hot summer day? No, not the baked variety, but a blueberry muffin-flavored beer brought to you by the folks at Humboldt Street Collective LLC, dba Great Notion Brewing and Barrel House. If such a brew sounds appealing, that’s great, but you won’t be finding it under the BLUEBERRY MUFFIN trademark. And that’s because the USPTO’s Trademark Trial and Appeals Board (“TTAB”) refused to register the word mark BLUEBERRY MUFFIN, which Great Notion Brewing recently applied for. The TTAB determined that Blueberry Muffin is a generic term that should be available to describe any beer having a blueberry muffin-like flavor, and not just Great Notion Brewing’s product. But the decision is a questionable one. (Read More)

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Another Class Action-Related Gift to Employers from the U.S. Supreme Court  

Nearly a year after its decision in Epic Systems Corp. v. Lewis, finding that class and collective action waivers contained in employer arbitration agreements are lawful and enforceable under the Federal Arbitration Act, the U.S. Supreme Court has spoken once more on the topic. This week, in Lamps Plus Inc. v. Varela, the high court ruled that arbitration agreements must specifically contemplate class arbitration for that process to be invoked. (Read More)

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Oh, Say Can You CCPA


Does your company collect personal information on California residents and meet ANY of the following criteria?

1. Annual gross revenue in excess of $25 million.

2. Individually, or combined with affiliates, buys, sells, or shares the personal information of 50,000 or more consumers, households, or devices.

3. Derives 50% or more of its annual revenue from the sale of consumers’ personal information.

If so, say hello to the California Consumer Privacy Act – considered to be the strictest data privacy law in the United States – which you will be subject to beginning on January 1, 2020. (Read More)

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California's Consumer Privacy Act: The Public Has Spoken

Last June, the California Consumer Privacy Act – which is considered to be the strictest data privacy law in the United States – was signed into law. Among other things, the CCPA gives Californians the right to know what personal information (PI) is being collected about them, whether their PI is being sold and to whom, the right to access their PI, the right to delete PI collected from them, and the right to opt-out to the sale of their PI. (Read More)

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Navigating the Complex Web of the FMLA

The Family Medical Leave Act (FMLA) is admittedly complex. Still, covered employers are required to strictly comply with its terms. To assist employers as they navigate the intricacies of the FMLA, the U.S. Department of Labor (the “DOL”) recently issued several opinions concerning some difficult and unresolved issues. (Read More)

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Note to Copyright Owners: Register Your Original Work

Are you in the business of creating, acquiring, owning, publishing, licensing or financing original works entitled to copyright protection, such as books, movies, sound recordings, musical compositions, audio/visual works, software, photos, artwork, or articles? If so, the U.S. Supreme Court’s recent decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com should be of interest. (Read More)

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The DOL Tries Again to Refresh Overtime Salary Thresholds

Following the invalidation of its 2016 rules by a Texas district court, the U. S. Department of Labor released a new proposed rule again looking to raise the salary level required to be eligible for the “white collar” or “EAP” (Executive, Administrative, Professional) exemptions from overtime premium pay under federal law. (Read More)

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Is Your Website ADA Compliant?

Attorneys at Michelman & Robinson, LLP have seen an uptick in claims made on behalf of visually impaired individuals against operators of websites not optimized for screen-reader technology. In fact, several of our clients have been sued or received demand letters from plaintiffs’ attorneys claiming violations of the Americans with Disabilities Act. (Read More)

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Denial of a NotPetya-Related Claim Shakes the Cyber Insurance World

In late June 2017, a cyber worm dubbed “NotPetya" successfully locked up networks across the globe. Infected computers displayed onscreen messages demanding $300 in Bitcoin (digital ransom) in exchange for a decryption key allowing owners to regain access. The scale of the cyber attack was enormous. From the Ukraine to the U.S., banking, oil, electric, shipping and pharmaceutical operations, among many others, were impacted. One of the companies hit by the malware – food giant Mondelez International. The incident reportedly cost it upwards of $100 million to clean up. (Read More)