• Safety First, But Not Safety Only

    Safety First, But Not Safety Only

    Even when you’re doing the right thing by speaking up about safety issues or following proper safety procedures, you can still lose your job if you violate other workplace rules. The recent Rookaird v. BNSF Railway case is a reminder that legal protection for safety-related activities doesn’t create a shield… Read More

  • Defamation Discovery 101: Why You Need to Investigate Beyond Your Termination Letter

    Defamation Discovery 101: Why You Need to Investigate Beyond Your Termination Letter

    A California appeals court just ruled that an employee who proved his employer defamed him with false statements couldn’t recover $2.1M in damages – even though a jury found the employer acted with malice. The harsh reality: If defamatory statements are used as the basis for your termination, courts may… Read More

  • The employment version of Chicken or Egg: Does Competing remove your Non-Compete?

    The employment version of Chicken or Egg: Does Competing remove your Non-Compete?

    A Delaware court determined that firing an employee “for cause” could invalidate non-compete agreements. In this case, the termination led to the loss of 300,000 equity units, which the court ruled removed the consideration backing the covenants, rendering them unenforceable. Thus, termination can enable escape from non-compete clauses. Read More

  • A pleasure to talk with distinguished IP attorneys

    A pleasure to talk with distinguished IP attorneys

    A pleasure to talk with distinguished IP attorneys Mark G. Bloom, CLP, RTTP, Deanne Cevasco, Gianna Arnold, and John O’Malley today as part of the Financial Poise seminar on Legal Issues for Innovators & Inventors. If you missed it, stay tuned because I believe recordings will be made available through… Read More

  • Even Compliance Experts Aren’t Immune: Key Takeaways for Employees

    Even Compliance Experts Aren’t Immune: Key Takeaways for Employees

    Jack Henry & Associates, a fintech company that provides compliance solutions to banks, now faces its own employment law lawsuit. The allegations highlight common workplace issues:1. Pre-work activities: Employees allegedly weren’t paid for time spent logging into systems before clocking in2. Remote work expenses: Workers reportedly weren’t reimbursed for internet… Read More

  • No, you are not your (affiliate) brother’s keeper…. at least in the eyes of trademark law.

    No, you are not your (affiliate) brother’s keeper…. at least in the eyes of trademark law.

    This new SCOTUS decision allows many trademark law practitioners to breathe a sigh of relief.  It overturns District and Fourth Circuit decisions which held that, when calculating damages for trademark infringement, one could also take into account revenues being earned by affiliate companies under the same corporate umbrella, who are… Read More