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Protecting Your Business: When To Consult An Intellectual Property Lawyer — CBS Los Angeles

Understanding  this critical legal concept is tantamount to the health and well-being of your business. As Darren Dahl of the New York Times points out, through the rise of the internet, protecting your intellectual property has become a necessity. Small businesses are threatened more so, due to the lack of personnel to police intellectual property infringement.

So, let’s decode exactly what intellectual property means, and when you need to call in a lawyer to help your organization.

The Premise

You have an idea, and you want to protect it. That idea could be a product, a logo, or an original concept. Intellectual property law is how you can protect that idea from being copied. Copyrights, patents and trademarks can help ensure your idea remains your.
Copyright

If you’ve created an intellectual work, such as music, printed materials, or blogs, you can claim the work with a submitted original copy of the work, $35 and an application submitted online. No lawyers are needed, at least until you catch someone claiming your work as their own.
Trademark

The steps to establishing a trademark, such as a logo or a phrase, is a bit more involved than copyrighting a work. This is particularly true if you want to extend your trademark overseas. STOPfakes.gov lays out the process by which one can apply for a trademark. Establishing eligibility, searching the established trademark database to make sure your trademark is, in fact, original and then submitting an application will ensure your trademark is protected in the United States. These services are free to boot.
Patents

This area of intellectual property requires a lawyer. Lawyers.com makes no bones about the complexities of patent law. Establishing rights of a product, process or method can get expensive, but there are plenty of resources out there to guide you.
Hopefully, this mini-guide will help you through the world of intellectual property. Your thoughts and ideas are yours. The size of your business shouldn’t discourage you from staking your claims.

 
This article was written by Christopher Millard for CBS Small Business Pulse

Understanding intellectual property law can be critical to the health and well-being of your small business.

via Protecting Your Business: When To Consult An Intellectual Property Lawyer — CBS Los Angeles

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Rule 502(d) Orders: The Most Effective and Underused Protection against Privilege Waivers

Rule 502(d) Orders: The Most Effective and Underused Protection against Privilege Waivers

by PLC Litigation
Originally Published on 05 Mar 2013 • USA (National/Federal)

This Legal Update highlights the advisability of entering into a Rule 502(d) order under the Federal Rules of Evidence (FRE), which allows parties to provide for the return of privileged documents produced during discovery without fear that the disclosure waives the attorney-client privilege or work product protection. Surprisingly, Rule 502(d) orders are currently underused by federal court practitioners, despite being favored by federal judges.

FRE 502 was enacted in 2008 in response to widespread complaints that the cost of protecting against waivers of attorney-client privilege or work product protection during discovery has become prohibitive because of the concern that even an inadvertent or insubstantial disclosure waives protected communications or information (see Advisory Committee Notes to FRE 502), particularly in cases involving e-discovery, which may encompass a large number of documents. Rule 502(a) and (b) explain under what circumstances the unintentional disclosure of privileged information does and does not constitute a waiver of privilege.
Under Rule 502(d), however, the court may issue an order providing that a party’s disclosure of documents protected by the attorney-client privilege or work product protection does not waive the privilege (unless there was an intent to waive the privilege). According to the Advisory Committee notes, this is true even when a party produced documents without conducting any screening for privileged material (see Advisory Committee Notes to FRE 502(d)).
Rule 502(d) order is a unique discovery tool because:
  • The no-waiver effect also applies in other federal and state court proceedings.
  • The parties may incorporate into the order a specific and detailed agreement regarding its scope and effect in the litigation.
  • Privileged documents must be returned to the disclosing party “irrespective of the care taken by” the party in reviewing them prior to production.
  • The court may issue the order sua sponte, without the parties’ agreement.
(FRE 502(d) and (e) and Advisory Committee Notes to FRE 502(d).)
Judges favor Rule 502(d) orders because they are designed to reduce the cost of privilege review and allow parties to review and produce documents expeditiously and without lengthy and expensive motion practice regarding potential waivers of privilege. Recently, several judges have expressed their approval of Rule 502(d) orders and relied on them to find that a party’s disclosure of privileged documents did not waive the attorney-client privilege or work product protection. For example:
  • Magistrate Judge Andrew Peck of the United States District Court for the Southern District of New York opined that it is malpractice to not seek a Rule 502(d) order from the court before the commencement of document discovery (see View from the Bench: Judges on E-Discovery at LegalTech Day Two, Law Technology News, Evan Koblentz (Jan. 31, 2013)).
  • In Chevron Corp. v. The Weinberg Group, the court entered a Rule 502(d) order allowing the defendant to knowingly produce privileged materials without waiving any privileges regarding the subject matter of the documents in any proceeding (Misc. Action No. 11-409, at *1 n.1 (D.D.C. Oct. 26, 2012)). Magistrate Judge John M. Facciola wrote that he was “troubled that the [defendant] has just now discovered Rule 502(d), the use of which may have prevented the protracted litigation and discovery battles that have plagued this case for the past two years.”
  • In Rajala v. McGuire Woods, LLP, the court held that an inadvertently produced document did not waive privilege and could be taken back by the producing party (clawed back) because the court had entered a Rule 502(d) order before the disclosure. The court determined that the terms of the Rule 502(d) order, and not the provisions of Rule 502(a) and (b), governed the handling of inadvertently produced documents and noted that the purpose of the order was to reduce the time and costs involved in a document-by-document privilege review (No. 08-cv-2638, , at *5 (D. Kan. Jan. 3, 2013)).
  • In Brookfield Asset Management, Inc. v. AIG Financial Products Corp., the court held that the Rule 502(d) order issued by the court before the defendant’s production of privileged documents gave the defendant the right to claw back those documents “no matter what the circumstances giving rise to their production were” (No. 09-cv-8285, , at *1 (S.D.N.Y. Jan. 7, 2013)).
For an example of a claw-back provision that parties may incorporate into a confidentiality order or an FRE 502(d) order, and for additional information on Rule 502(d) generally, see Standard Clause, Privilege Waiver Clause with Claw-Back Provision.

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END OF DOCUMENT

RESOURCE ID 5-524-7065DOCUMENT TYPE Legal update: archive

PRODUCTSPLC US Federal Litigation, PLC US Law Department

© 2017 THOMSON REUTERS. NO CLAIM TO ORIGINAL U.S. GOVERNMENT WORKS.

 

Las Vegas shooting: Nevada has some of the most relaxed gun laws in America — Global News

The deadliest mass shooting in modern American history was carried out Sunday night in a state that has some of the most relaxed gun laws in the country. 

The shooter, identified by police as 64-year-old Stephen Paddock, opened fire from the upper floors of the Mandalay Bay hotel and casino in Las Vegas around 10 p.m. local time, resulting in the deaths of at least 58 people and the injury of over 500 others.

He then reportedly turned a gun on himself.

The state constitution in Nevada gives citizens like Paddock the “the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.”

WATCH: BC couple describes hearing gunshots for ’45 minutes’ as they fled bullets

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Paddock would not have been breaking any laws by openly carrying a gun into the casino, as open carry is permitted in the state. However, most casinos in Las Vegas may ask you to leave if you are touting a firearm — let alone nearly a dozen.

As is the case with most hotels, however, Paddock would likely have been able to bring the guns undetected to his room without being searched or questioned.

Before carrying out the massacre, Paddock could have purchased his firearms (there were at least eight to 10 in his room, according to officials) without a permit, and without registering them with the state or holding a state-issued gun license. None of those is required for gun owners in Nevada.

In fact, the only thing you need a permit for is carrying a concealed weapon.

If there were, as reported, machine guns or rifles in Paddock’s arsenal, they would also have been legal, as long as they were registered and possessed in adherence with federal law, according to the National Rifle Association. A federal ban on assault weapons enacted in 1994 expired a decade later, in 2004.

There would have been no limit on the number of guns Paddock could own, and no limit on the number of bullets each magazine could hold.

Background checks and exceptions

Anyone buying a gun from a licensed retailer in Nevada is subject to a background check. But anyone buying a gun privately (online or in person) from another gun owner normally has no background check done at all, in spite of an effort to implement that requirement last year.

WATCH: President Trump pledges support to Las Vegas shooting victims

In November 2016, voters in Nevada passed Question 1, a resolution calling for background checks through a licensed gun dealer for all sales in the state, by the thinnest of margins. But local authorities said it would be unenforceable due to a lack of co-operation from the FBI in administering the expanded checks.

Nevada, like most states, does have a long list of exceptions for gun ownership. A resident cannot own or carry a firearm if they have been convicted (in any state) of a misdemeanour crime of domestic violence or any felony that carries a maximum prison sentence of over one year.

READ MORE: 2 Manitobans injured in Las Vegas attack

The same goes for a fugitive from justice, anyone under 18 years of age, any unlawful user of a controlled substance (yes, even marijuana), anyone committed to a mental health facility by a U.S. court, anyone pleading guilty but mentally ill in court, anyone found guilty but mentally ill in court, anyone acquitted by reason of insanity, or anyone who is in the United States illegally.

The laws next door

Nevada’s relatively permissive gun laws are all the more striking when you consider that its next-door neighbour, California, has some of the tightest firearms regulations in the United States.

READ MORE: Alarming number of Americans continue to carry guns into Canada

Among other things, California requires all gun sales to be processed through a licensed dealer and for the purchaser to be subject to a background check.

The state has banned most assault weapons and .50 calibre rifles and forbids the sale, transfer, manufacture, and possession of large capacity magazines (over 10 rounds). Anyone buying a gun needs a Firearm Safety Certificate, which requires passing a written test.

There is a 10-day waiting period prior to the sale or transfer of any gun.

The state also has some of the broadest powers for seizing weapons in America. In early 2016, for instance, California enacted a statute giving police or family members the option to petition the courts to seize guns and ammunition from someone they think poses a threat.

The deadliest mass shooting in American history was carried out Sunday night in a state that has some of the most relaxed gun laws in America. Continue reading →

via Las Vegas shooting: Nevada has some of the most relaxed gun laws in America — Global News

Monitor Employees’ Hours This Holiday Season

NIU Springboard

This post was written by one of our Graduate Research Assistants, Tara Ramljak.

Decking the halls this yeasantasworkshop-bigr will come with come with a precaution for employers. In May 2016, President Obama and the Department of Labor enacted a new overtime law that affects salaried and hourly employees. According to the Department of Labor, the salary threshold will rise form $455 per week ($23,660 for a full-year worker) to $913 per week ($47,478 for a full-year worker).[1] The final rule will also automatically update the salary threshold every three years, which increases predictability; strengthen overtime protections for salaried workers already entitled to overtime; and provide greater clarity for workers and employer.[2] This provision to the overtime law is set to take effect December 1, 2016.

Since the passage of the Fair Labor Standards Act, there has been an unkept promise that if employees work over 40…

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