Monthly Archives: March 2021

ILN Today Post

American Rescue Plan provides tax relief to families and extends enhanced unemployment benefits

On March 11, 2021, President Joe Biden signed into law the $1.9 trillion U.S. coronavirus relief package, the American Rescue Plan Act of 2021 (ARPA). The ARPA contains several tax provisions, the majority of which focus on providing relief to families earning less than $150,000 per year, and also extends enhanced unemployment benefits that were set to expire on March 14, 2021. Read more…

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ILN Today Post

Congress approves $28.6 billion Restaurant Revitalization Fund

Following the U.S. Senate’s passage of the $1.9 trillion American Rescue Plan on March 6, the U.S. House of Representatives approved the final version of the new stimulus package on March 10. President Biden signed the stimulus package into law on Thursday, March 11, 2021.

As part of the American Rescue Plan, Congress approved a $28.6 billion Restaurant Revitalization Fund (RRF), which will provide federal grants to eligible foodservice and drinking establishments like restaurants, bars, caterers, breweries, taprooms, and tasting rooms. The RRF will be administered by the U.S. Small Business Administration (SBA). Senate Majority Leader Chuck Schumer held a press conference with members of the Independent Restaurant Coalition and high-profile restaurant owners on March 10, in which the Democratic senator from New York stated he will “urge the SBA to stand up for relief and set up the program as soon as the bill is signed into law,” and that first they have to confirm President Biden’s nominee for Deputy Administrator of the SBA, Dilawar Syed. Read more…

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Serial Article III: Practical Guidance on Chinese Company Chops and Legal Representatives’ Signatures – Case Study

In 2020 several chop-hostage crises afflicted high profile companies in China which created corporate drama news headlines on a number of occasions. Read more…

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Rainmaking Recommendation from Jaimie Field: Three Rainmaking Habits To Develop

Join us for this week’s rainmaking recommendation from trainer and coach, Jaimie Field.

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It’s a bit weird, but I have recently been revisiting what I had written in the past when I began my blog in 2009 to see how much of it is still applicable to my Rainmaking Training and Coaching.  I wrote the blog you are about to read almost seven years ago, and it still stands today, but it has been updated.

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New York Legislation Provides Employees with Paid Leave for COVID-19 Vaccinations

New York’s Legislature recently passed a bill, which, if signed into law by Governor Andrew Cuomo, would temporarily amend the New York Labor Law to require New York employers to provide employees with up to four hours of paid leave per injection to receive the COVID-19 vaccination. Since the four-hour leave is per injection, employers will have to provide up to eight hours of paid leave for two-dose vaccination regimens, such as those being manufactured by Pfizer and Moderna. It is also possible that additional paid leave time will be needed if vaccine “booster” shots are required in the future.

Any such “vaccine leave” must be paid at the employee’s regular rate of pay and is in addition to (and cannot be charged against) any other leave to which an employee may be entitled, including under the State’s recently-enacted mandatory paid sick leave law. However, the provisions of this vaccine leave law may be waived in a collective bargaining agreement provided it explicitly references the law. Read more…

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Can U.S. Trademark Registrations Be Cancelled for Non-Use?

Suppose that you want to register a trademark that identifies a source of goods or services for your business.  What if you file a federal trademark application and the U.S. Patent and Trademark Office refuses registration of the trademark based on a likelihood of confusion with another trademark registration?  Can you cancel the cited trademark registration with the U.S. Patent and Trademark Office because of non-use in commerce?  The answer is “YES!” if the trademark has been abandoned for non-use or never been used in commerce or before a particular relevant date.

Under U.S. trademark laws, a petition for cancellation of a trademark registration may be filed at any time by any person who believes that he is or will be damaged. For trademark registrations within five years, the grounds for cancellation of a trademark registration include that the trademark has been abandoned due to nonuse with intent not to resume use and nonuse for three consecutive years.  For trademark registrations older than five years, a petition for cancellation of trademark registration is enumerated in Trademark Act § 14, 15 U.S.C. §1064, which provides for cancellation of a trademark registration that has been abandoned for non-use.  In either situation, this means that the trademark has been used in commerce, but subsequently was abandoned for non-use.

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Video & Podcast: EEOC Commissioner Keith Sonderling on the Agency’s Outlook for 2021 – Employment Law This Week

As featured in #WorkforceWednesday:  In this episode, hear from EEOC Commissioner Keith Sonderling. As a sitting commissioner, Mr. Sonderling has a unique perspective on priorities, new initiatives, and the outlook for what employers can expect from the agency in 2021. Attorney David Garland leads the conversation.

Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis of the first 100 days of the Biden administration. Special podcast episodes air every other #WorkforceWednesday.

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ILN Today Post

Serial Article II: Practical Guidance on Chinese Company Chops and Legal Representatives’ Signatures – Safeguarding and Verifying Chops

Needless to say, it is important to make sure that a chop or signature is genuine. But in reality, it is impractical, if not impossible at all, to expect checks to be conducted at the forensic, or quasi-forensic level. Read more…

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Howard & Howard Names R. Saleha Mohamedulla as Leadership Council on Legal Diversity Fellow

ROYAL OAK, Mich., March 9, 2021 – Howard & Howard has selected R. Saleha Mohamedulla as a member of the 2021 class of Fellows, participating in a landmark program created by the Leadership Council on Legal Diversity (LCLD) to identify, train, and advance the next generation of leaders in the legal profession. Saleha is one of 418 new Fellows, a group of talented and diverse, mid-career attorneys who have been selected by 293 LCLD member corporations and law firms to participate in this career development program.

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New York State’s Paid Sick Leave Law Preempts Westchester County’s Earned Sick Leave Law

The Westchester County Human Rights Commission (the “Commission”) has announced that the county’s Earned Sick Leave Law, which went into effect on April 10, 2019, has been preempted by New York’s Paid Sick Leave Law (“Law” or “PSLL”), which took effect on September 30, 2020. Westchester County’s law had required that eligible employees accrue one hour of sick time for every 30 hours worked, up to a maximum of 40 hours per year.

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