Monthly Archives: September 2022

ILN Today Post

Llinks Legal Alert – Labor & Employment Law (September 2022)

Llinks Legal Alerts focus on cutting-edge labor law topics and brings you most updated legislation trend. Please stay tuned with us.

Read more…

Read full article

Managing Partner Chip Connolly Appointed Chair of Delaware’s Judicial Nominating Commission

Wilmington, DE – September 29, 2022 – Governor John C. Carney, Jr. recently appointed Connolly Gallagher Managing Partner Arthur G. (“Chip”) Connolly, III as Chair of the Delaware Judicial Nominating Commission, the body charged with assisting governors with the appointment of judges to each of the State’s constitutional courts. The goal of the Commission is to ensure a bipartisan judiciary composed of judges of high integrity, independence, and excellent legal ability. Mr. Connolly had previously served as Vice Chair of the Commission, and was appointed to the Chairmanship following the retirement of former Chairman William W. Bowser.

The post Managing Partner Chip Connolly Appointed Chair of Delaware’s Judicial Nominating Commission appeared first on Connolly Gallagher, LLP.

Read full article

Law Firm ILN-telligence Podcast | Rafael Salaberren Dupont, SyLS

Rafael Salaberren Dupont is a founding partner of SyLS in Buenos Aires, Argentina, which is also a member firm of the ILN. In this episode, Lindsay and Rafael discuss the transition between starting a firm and its succession, the true role of a lawyer and their client, and the difference between Latin American law firms and law firms in other regions.

You can listen to the podcast here, or we’ve provided a transcript of the highlights below.

Read full article

Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

Leo the Lion has been the most regular star of MGM Pictures since it was founded on this day in 1924, and his roar is probably the sound most commonly associated with the studio.

–Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017)

 

There’s no roar quite like a Nittany Lion’s!

–Penn State Football @PennStateFball on 12/7/2020

So, there you go— Metro Goldwyn Mayer and Pennsylvania State University are two different entities each associated with a distinctive roar connected to their institution.  They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name). The MGM roar and the Nittany Lion roar are certainly not identical, but they might be considered confusingly similar, should one ever need to distinguish or compare them. (I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too).  I start with MGM and Penn State, not because MGM’s registered trademark and Penn State’s common law one are at odds, but because they are two well-known acoustic, or sound (or auditory), marks that can help us understand those sounding off recently about such non-traditional trademarks.  That noise includes this one, which is “the sound made by a drinks can being opened, followed by a silence of approximately one second and a fizzing sound lasting approximately nine seconds,” according to Ardagh Metal Beverage Holdings Gmbh & Co. Kg v. European Union Intellectual Property Office, T-668/19.  The uproar also includes numerous articles by diverse scholars and various bloggers expressing a renewed interest in sound marks in many countries.

Read full article

Video: Pay Range Disclosure Laws Spread Across New York and New Jersey – Employment Law This Week

As featured in #WorkforceWednesdayThis week, we look at a range of pay disclosure requirements that have come into effect in New York and New Jersey in the second half of 2022.

Read full article

Lawyers: Shake up Your Networking with these Four Tips

It’s almost the final quarter of the year and everyone I know has been swamped with work – which means you’re probably not thinking too much about where your next matter or case is coming from. We all know that’s the PERFECT time to be thinking about networking and business development!

Sorry, folks, I know it’s the last thing on your mind.

But, consider these four tips to shake things up and see what falls out of your networking tree – apologies, it’s fall and I can’t resist a good metaphor.

Read full article

NYC Issues Proposed Rules for Its Automated Employment Decision Tools Law

On Friday, September 23, 2022, the New York City Department of Consumer and Worker Protection (“DCWP”) released a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to its Automated Employment Decision Tool law (the “AEDT Law”), which goes into effect on January 1, 2023. As we previously wrote, the City passed the AEDT Law to regulate employers’ use of automated employment decision tools, with the aim of curbing bias in hiring and promotions; as written, however, it contains many ambiguities, which has left covered employers with open questions about compliance.

Read full article

Pennywise and Pound Foolish: Default Judgment Entered Against Trade Secret Defendants as a Sanction for Inadequate E-Discovery

“The law is not a game, and . . . civil discovery is not a game of hide and seek. The decision in this case should encourage litigants to understand that it is risky business to recklessly or deliberately fail to produce documents, and perilous to disobey court orders to review and, if necessary, supplement prior productions. It is in the interests of the administration of justice to default [defendants] to send those messages.”

So said United States District Judge Mark L. Wolf in a 72-page decision in which he entered a default judgment as a sanction in a trade secret case against the defendants for what he referred to as “extreme misconduct.” Memorandum and Order on Plaintiff’s Motion for Sanctions, Red Wolf Energy Trading, LLC v. BIA Capital Mgmt., LLC, et al., C.A. No. 19-10119-MLW (D. Mass. Sept. 8, 2022).

Read full article

Massachusetts Appeals Court Clarifies the A’s and C’s of Independent Contractor Status

On July 13, 2022, the Massachusetts Appeals Court signaled a victory for Massachusetts employers who rely upon independent contractors.  In Tiger Home Inspection, Inc. v. Dir. of the Dep’t of Unemployment, the Appeals Court reversed decisions from the Department of Unemployment (“DUA”) and trial court, concluding that the inspectors were independent contractors under Massachusetts’s Unemployment Insurance statute (“Unemployment Law”) and, thus, ineligible for unemployment benefits.  Focusing on Prongs A and C of the Unemployment Law’s “ABC” test for classifying independent contractors, the Appeals Court provided employers with excellent precedent and concrete guidance for navigating those elements of the test.  Notably, the Unemployment Law’s ABC language largely tracks the Massachusetts Wage Act’s “ABC” test, with Prongs A and C using identical language.  As a result, Tiger Home Inspection arguably provides employers with much-needed clarity for navigating both statutes.

Read full article

No Vax? No Problem. NYC’s COVID-19 Vaccine Mandate for Private Employers Will End as of November 1st, 2022

On September 20, 2022, Mayor Eric Adams announced that New York City’s COVID-19 vaccine mandate for private employers is ending.  The City’s mandate for municipal employees, however, will remain in effect.

Read full article