Inclement weather policies should prioritize safety over productivity

Employment

Snow day! Norah went to bed with PJs on backwards last night (and received her wish; now please use your time wisely to work on homework). Donovan is going to be pissed because tonight’s Mathmagic night at school (which he was really looking forward to) will be cancelled. And me? I’m enjoying some flexibility by working from the comfort of my kitchen island. If the storm forecast holds as predicted, however, I’ll be giving myself lots of extra travel time tomorrow morning for a court appearance. #lawyerlife

201703.13

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NO PUNITIVES UNDER GCSPA

Intellectual Property, Litigation

The Georgia Supreme Court recently held that the Georgia Computer Systems Protection Act (“GCSPA”) does not authorize an award of punitive damages. The GCSPA is a criminal statute that also allows for civil remedies for computer theft, computer trespass and other computer related misconduct. In Lyman v. Cellchem International, Inc., 2017 WL 279514 (2017), the Georgia Supreme…

201703.13

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MOTION FOR SUMMARY JUDGMENT – PART XII: OFFER OF JUDGMENT

Litigation

If you receive an Offer of judgment and you are not inclined to accept it, what should you do? It is important that you timely object, if there are any grounds to object. This will allow the Court to deny a motion to sanction you in the event the final award after trial is less…

201703.13

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Beware Trademark Registration and Fee Scans

Business

While mail scams are not a new issue for businesses, more and more of our business and individual clients with federally registered trademarks have been asking us for advice on how to handle the numerous unsolicited letters and/or emails they have been receiving lately regarding their marks. If you or your business owns a federally…

201703.13

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SCOTUS to review NLRB ban on class-action waivers

Employment

One of the biggest issues on the NLRB’s hit list over the past few years has been class-action waivers. In D.R. Horton, a 3-2 majority of the Board held that an arbitration agreement which requires employees to waive their right to collectively pursue employment-related claims in all forums (i.e., by giving up their right to file or join class or collective actions) violates employees’ rights under the National Labor Relations Act to engage in protected concerted activity.