Monthly Archives: January 2018

Lawrence J. Casey and Richard L. Sampson Present at New England Business Association’s “Protect It” Event

The program addressed the challenges that small business executives face when trying to protect their IP, money, and network security. Panelists reviewed and explored various methods of protecting against piracy, breach of confidentially, and cyber-attacks through the use of technology, insurance, and legal protection.

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NYC Local Law Amends Definition of Sexual Orientation and Gender

On January 11, New York’s City Council passed Int. No. 1186-A, which amends the New York City Human Rights Law to expand the definition of the terms “sexual orientation” and “gender.”  Previously, the law defined sexual orientation as meaning “heterosexuality, homosexuality, or bisexuality.” The new definition takes a broader view and offers a more nuanced definition that recognizes a spectrum of sexual orientations, including asexuality and pansexuality.  As amended, the law defines sexual orientation as:

[A]n individual’s actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender. A continuum of sexual orientation exists and includes, but is not limited to, heterosexuality, homosexuality, bisexuality, asexuality, and pansexuality.

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Greek Supreme Court contests the validity of Philips’ EFM+ (DVD) Patent

Summary

In its decision no 1589/2017 the Greek Supreme Court upheld the appeal brought by the Greek company “DPH” against the Dutch company “P”. The Supreme Court held that the Court of Appeals’ decision, which had upheld definitely the lawsuit of “P” against “DPH” for breach of “P”’s essential patents, was wrong in finding they were sufficient reasons for granting patent protection to “P”’s disputed patents under the applicable rule of Greek law setting the conditions for granting patent protection.

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Paul L. Feldman Co-Chairs MCLE’S “Zoning Practice” Program

The full-day program covered a wide range of zoning topics, and Mr. Feldman’s presentation focused on obtaining special permits and variances under municipal zoning by-laws.

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Amy L. Fracassini Elected Davis Malm President

Amy exemplifies all of the traits and characteristics of Davis Malm’s brand and culture. She is a talented attorney who is passionate and committed to client service and to serving the firm. Her leadership, business, and client skills make her an ideal choice to lead our firm as we build on our strengths and expand on opportunities. Paul Feldman, Past President

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An Estate Planning Resolution for 2018

January 23, 2018 — A most common new year’s resolution focuses on the dreaded letter “D” for “diet”. However there are two other words starting with “D” that should be included in your new year’s resolutions and those are “disability” and “death”. If you have an up-to-date estate plan in place, you are on solid footing for 2018. However, if you have no plan or an out-dated plan for covering disability or death, then you should resolve to take action.

Marilyn Piccini Roy, Ad. E., provides a few tips to assist you in formulating and implementing your 2018 estate planning resolution.

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It’s Always Time for Client & New Business Development

Today, you’re in for a treat, as I’m bringing you a post from ILN marketer, Jennifer Smuts. Jenn is with the ILN’s member firm in Delaware, Connolly Gallagher, where she is their Director of Marketing & Business Development, and today, she’s talking about how the time is always right for client and new business development. She’s got some great actionable tips that you can implement right away!

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ILN Today Post

Trademark Laws: New York

The State Q&A guides on Practical Law provide common questions and answers on state-specific content for a variety of topics and practice areas. This excerpt of a State Q&A addresses New York laws protecting trademarks, including statutes and common law governing trademark registration, infringement, dilution, counterfeiting, unfair competition, and deceptive trade practices. For information on trademark protection in other jurisdictions, visit Practical Law.

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New State Laws Allow Telehealth Prescriptions for Controlled Substances; Yet, Regulatory Obstacles Still Remain

In 2008, Congress passed the Ryan Haight Act (21 U.S.C. § 802(54)) (“Ryan Haight”) following the death of Ryan Haight, a young man who overdosed on prescription painkillers he purchased from an online pharmacy without a valid prescription. Ryan Haight amended the federal Controlled Substances Act (21 U.S.C. 802 et seq.) and specifically prohibits dispensing controlled substances via the internet without a “valid prescription” which, according to the law, must be issued for a legitimate medical purpose and may only be issued once a physician has conducted at least one in-person evaluation of the patient (i.e., before issuing the remote prescription for the controlled substance). Certain exceptions may apply, but arguably none contemplate the direct-to-patient virtual care models that many of today’s telehealth / telemedicine companies are utilizing.

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Missouri District Court Dismisses Sexual Orientation Discrimination Claim by Health Care Executive

Further emphasizing the split in authority on sexual orientation discrimination, last month the Eastern District of Missouri dismissed plaintiff Mark Horton’s claim that Midwest Geriatric Management LLC (“MGM”) violated Title VII by rescinding an offer of employment after learning that he is gay. Horton v. Midwest Geriatric Mgmt., LLC, Case No. 4:17CV2324, 2017 U.S. Dist. LEXIS 209996 (E.D. Mo. Dec. 21, 2017).

Horton asserted that MGM unlawfully discriminated against him on the basis of sex and religion. Horton’s sex discrimination claim comprised three theories: (1) sexual orientation is necessarily discrimination based on sex; (2) discrimination on the basis of his association with a person of a particular sex (his male partner); and (3) nonconformity with sex stereotypes.  In granting MGM’s motion to dismiss, the district court cited Eighth Circuit precedent from a 1989 holding that Title VII does not cover discrimination based on sexual orientation, and concluded that both the sex and religious discrimination claims were merely refashioned sexual orientation discrimination claims.

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