The attorneys at Morningstar Law Group are leaders who are frequently asked to share their legal insights and expertise. Here is a sampling of the wisdom our attorneys are sharing at industry conferences, in published articles, and at continuing legal education events.
Copyright Law Update: New DMCA Regulations Loosen the Reins for Internet of Things
November 9, 2018
You may know the Digital Millennium Copyright Act (“DMCA”) from the widely deployed DMCA take-down notices that copyright owners use to remove putatively infringing content from the Internet. Enacted in 1998, the DMCA is more, however, with provisions scattered throughout the Copyright Act. One such DMCA provision comes into play every three years. Section 1201…
Frequently Asked Questions - Publishing Agreements
July 19, 2018
What rights does a publisher acquire from an author? What rights should an author grant? A publisher typically wants the author to authorize an exclusive, worldwide license to exercise all of the author’s rights under copyright and the ability to authorize others to do so throughout the entire term and territory of the agreement. This might serve an author’s purposes but only if it doesn’t constitute “biting at air.” Know what your publisher has accomplished for writers who came before you with respect to each of the rights under discussion. Ascertain whether your publisher has arranged for such things as foreign-language editions or the sale of motion picture rights, and if not, grant such rights sparingly if at all. Negotiate a reversion of any right not exploited by the publisher within a reasonable period.
What CEOs and Other Executives Can Learn from the Equifax Data Security Breach Fiasco
September 12, 2017
by Richard J. Caira, Jr. Last week there was yet another massive data breach of an ostensible industry bastion – Atlanta-based credit bureau Equifax – resulting in the loss of the personally-identifiable information of over 143 million people in the United States. For perspective, the entire U.S. population is currently around 325 million, of which…
Supreme Court Decision in Lexmark Case Delivers Blow to Patent Holders
June 1, 2017
By Jennifer Van Doren, Partner, Morningstar Law Group The U.S. Supreme Court issued its decision in Impression Products, Inc. v. Lexmark International, Inc. on May 30, 2017. In it, the Court continued its recent expansion of the patent exhaustion doctrine, delivering a blow to patent holders and finding that a patent holder (or “patentee”) cannot…
Don’t Gamble with Promotions - Is your marketing promotion illegal?
April 26, 2017
Jennifer Van Doren has represented clients in advertising, promotions, and sweepstakes legal compliance for more than 15 years. Given to the Raleigh Triangle Association of Corporate Counsel in April 2017, Van Doren's talk proves that it's not all fun and games when it comes to marketing promotions.
COPYRIGHT OFFICE REPORT ON SOFTWARE-ENABLED CONSUMER DEVICES
March 29, 2017
By: Mitch Tuchman Software-enabled consumer devices are ubiquitous. Think not only personal computers—desktop, laptop, handheld—but thermostats, cameras, refrigerators, power tools, self-driving cars, even dolls, toys and games, among others devices too numerous to mention. This was not so in 1976 when Congress enacted the present Copyright Act (the “Act”), including computer software for the first…
Client Alert: New FTC Acting Chairman Signals More Pro-Business Approach
February 8, 2017
By Jennifer Van Doren Following President Trump's designation of Maureen J. Ohlhausen as Acting Chairman of the Federal Trade Commission, many businesses are breathing a hopeful sigh of relief. Ohlhausen has been a Commissioner since April 4, 2012, in a term that ends in September 2018. Since her designation as Acting Chairman, Ohlhausen has signaled that…
A TEXAS FEDERAL JUDGE HAS SUSPENDED NEW OVERTIME REGS EXEMPT EMPLOYEE SALARY THRESHOLD INCREASES ON HOLD
November 23, 2016
A Texas United States District Court Judge issued a nationwide preliminary injunction yesterday afternoon (Tuesday, November 22), preventing the U.S. Department of Labor from implementing the new overtime rules set to take effect next week, on Thursday, December 1, 2016, requiring a minimum annual salary of $47,476 for employees to qualify for white collar exemptions…
Update OSHA Reporting Procedures Now! OSHA Final Rule on Electronic Submission of Workplace Injury and Illness Reports Takes Effect January 1, 2017
October 5, 2016
By Amie Carmack The Occupational Safety and Health Administration's long-awaited final rule on electronic submission of workplace injury and illness reports takes effect on January 1, 2017 and will be phased in over two years. The new rule requires that establishments with at least 250 employees submit electronic copies of all of their illness reports, logs…
Promotions and Data Privacy: What are the Risks?
July 29, 2016
By Catherine Otto Sweepstakes are a great way to build interest in your business or product. Consumers seem to be more than willing to hand over their personal information (in the form of name, email address and phone number) for the chance to win a gift card, free merchandise or free tickets. Sweepstakes are fun,…