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|Trademark Board Cancels "Annapolis Tours"|
Timothy J. Lockhart; Willcox & Savage, P.C.;
August 17, 2013, previously published on Summer 2013Finding the mark ANNAPOLIS TOURS to be descriptive of “conducting guided tours of historic districts and other areas of cities” despite the registrant’s claim of acquired distinctiveness, the U.S. Trademark Trial and Appeal Board (TTAB) has ordered cancellation of the registration...
|Are Delay Damages Lienable?|
Amanda Parker Baggett; Rogers Towers, P.A.;
August 17, 2013, previously published on August 14, 2013The old adage “time is money” is truer perhaps in the construction industry than anywhere else. Delays can cause significant economic damages for everyone involved on a construction project. But are those delay damages lienable? It depends.
|Attention Restaurant Operators: The Perishable Agricultural Commodities Act May Apply To You|
Scott N. Opincar; McDonald Hopkins LLC;
August 15, 2013, previously published on August 14, 2013Both sellers and buyers of perishable agricultural commodities need to be careful to comply with PACA’s rules and regulations. Directors and officers of buyers of perishable agricultural commodities subject to PACA must be aware of their fiduciary duties in order to avoid potential individual...
|Cracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable|
Flyn Flesher, Christopher C. Murray; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 14, 2013, previously published on August 12, 2013In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United Statesthat employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is supervised by the U.S. Secretary of Labor, or (2) a court enters a...
|Employer May be Liable for Injury Caused by Employee Who Drank Too Much at Company Party, California Court Rules|
Jackson Lewis P.C.;
August 12, 2013, previously published on August 8, 2013An employer could be held liable for its employee’s off-duty accident as long as the proximate cause of the injury (here, alcohol consumption) occurred within the scope of employment, the California Court of Appeal has held, reversing summary judgment in favor of the employer. Purton v....
|FTC v. Wyndham: Wyndham Calls for Back-Up|
Adam M. Veness; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 7, 2013, previously published on August 5, 2013It appears that Wyndham Hotel & Resorts LLC (“Wyndham”) has received reinforcements in its defense against the Federal Trade Commission’s (the “FTC”) case. A federal judge has agreed to allow the U.S. Chamber of Commerce and several other organizations to file an...
|When OSHA Comes to Dine It Doesn't Make Reservations|
Joshua J. Sudbury; Ford & Harrison LLP;
July 30, 2013, previously published on July 29, 2013The Occupational Health and Safety Administration (OSHA) establishes and enforces workplace safety regulations in several industries, including restaurants. Under the Obama administration, OSHA has undertaken several new enforcement initiatives that have a wide-ranging impact on employers in the...
|New York Court: Attorney General’s Determination Does Not Bar Common Law Claims Relating To The Same Dispute|
Morrison Cohen LLP;
July 29, 2013, previously published on July 25, 2013In a significant decision, Justice Billings of the Supreme Court of the State of New York held that a determination by the New York State Attorney General’s Office that putative co-op purchasers are not entitled to the return of their down payment in a dispute with the co-op sponsor does not...
|Introduction of Laws and Regulations Concerning Investment in the Tourism Industry in Taiwan by Mainland China Investors|
Melanie Lo; Lee Tsai Partners Attorneys-at-Law;
July 22, 2013Introduction of Laws and Regulations Concerning Investment in the Tourism Industry in Taiwan by Mainland China Investors
|How Franchise Systems Can Minimize Risks of Labor Violations|
Corby Cochran Anderson, John D. Cole, Dedria Harper Kolb; Nexsen Pruet, LLC;
July 22, 2013, previously published on July 2013No one enjoys being the center of attention when that attention is coming from federal regulators. Yet that’s where franchise systems have found themselves of late - especially in the hospitality sector, which accounts for roughly one-third of franchise systems. The Wage and Hour Division of...