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Michigan Small Business Restart Program Accepting Grant Applications Starting July 15
Dykema, July 2020

The State of Michigan has allocated $100 million of CARES Act funding to implement the Michigan Small Business Restart Program to provide grants to Michigan businesses directly impacted by COVID-19. The grants, up to $20,000 each, will be administered by 15 Economic Development Organizations (EDOs) covering all 83 counties in the state. Participating EDOs are listed below...

Sorry, Wrong Number: The Ninth Circuit and TCPA Liability
Spilman Thomas & Battle, PLLC, July 2020

The Ninth Circuit Holds that Callers are Subject to TCPA Liability if the Callers Intend to Make Automated Calls to a Consenting Customer, but Instead Call Someone Else Introduction On June 3, 2020, the United States Court of Appeals for the Ninth Circuit dealt a blow to callers governed under the Telephone Consumer Protection Act (“TCPA”)...

Supreme Court Affirms Addition of .Com to Generic Term Renders Booking.com Registrable
Dykema, July 2020

In a decision contrary to current Patent and Trademark Office (“PTO”) rules, the United States Supreme Court has found the mark BOOKING.COM as a whole is not generic and that combining a generic term with “.com” does not necessarily result in a composite term that also is generic. Background Booking.com B.V. (“Booking.com”) sought to federally register the mark BOOKING.COM, and related variations, for travel services...

United States Congress Extends PPP Loan Application Deadline to August 8, 2020
Dykema, July 2020

On June 30, 2020, the Senate passed an extension of the Paycheck Protection Program (PPP) to keep the program operating until August 8, 2020. On July 1, 2020, the House also approved the extension for the program which was set to end on June 30. The President is expected to sign the extension shortly...

The California Court of Appeal Issues Landmark Local Government Finance Decisions
Hanson Bridgett LLP, July 2020

Key Points: California Court of Appeal issues two landmark local government finance decisions. Propositions 13 and 218 do not require two-thirds voter approval for special taxes proposed by initiative. A toll is not a tax. The California Court of Appeal in San Francisco has issued two blockbuster decisions in the last week impacting local government finance...

Court of Appeal Upholds State Board’s Broad Power to Regulate Riparian and Pre-1914 Appropriative Water Rights to Protect Threatened Fish
Hanson Bridgett LLP, July 2020

Key Points The Third Appellate District in Stanford Vina Ranch Irrigation Co. v. State found that the State Board could promulgate emergency drought regulations and issue curtailment orders necessary to protect threatened fish...

Governor Wolf’s Shutdown Orders Survive the Supreme Court of Pennsylvania’s Scrutiny—Again
Spilman Thomas & Battle, PLLC, July 2020

Pennsylvania Governor Tom Wolf has once again come away from the Supreme Court of Pennsylvania with his shutdown orders intact. In April, the Commonwealth’s highest court exercised its King’s Bench jurisdiction to deny a constitutional challenge brought by a political committee and several Pennsylvania businesses...

Should I File for My Trademark + '.COM?' It Depends
Dinsmore & Shohl LLP, July 2020

In an 8-1 decision delivered by Justice Ruth Bader Ginsburg in the much-anticipated BOOKING.COM case, the U.S. Supreme Court has held that in some circumstances, a generic word combined with “.com” can be a protectable trademark. Generic marks are not eligible for trademark protection and are not actually marks at all. Instead, they are essentially the name for the product/service or type of product/service at issue...

S Corporations, Partnerships, and LLCs
Bradley Arant Boult Cummings LLP, July 2020

The owners of multistate businesses must consider a multitude of factors when deciding how to structure their business ventures, and state taxation cannot be overlooked. The accompanying charts can assist in that evaluation for limited liability companies (LLCs) and limited liability partnerships (LLPs). In recent years, LLCs and, to a lesser extent, limited partnerships and LLPs, have become the popular choice for structuring or re-structuring multistate business entities...

Arbitration Expectations: Understanding the Process of Resolving a Dispute
Bradley Arant Boult Cummings LLP, June 2020

Arbitration is one of the preferred mechanisms of dispute resolution in the construction industry. Understanding how an arbitration will unfold is useful in managing a dispute. Most domestic construction disputes are referred to arbitration through, and according to the rules, of the American Arbitration Association (AAA), but other organizations that follow different rules and processes do exist. For AAA arbitrations, the following steps provide a rough outline of a typical proceeding...

Fourth Circuit Holds Qualified Immunity Cannot Shield Government Employees from False Claims Act Liability
Dinsmore & Shohl LLP, June 2020

The doctrine of qualified immunity, often invoked by police officers and other government employees in lawsuits alleging civil rights violations, was recently asserted by defendants in a federal False Claims Act (FCA) fraud case. In an interlocutory appeal, a unanimous Fourth Circuit panel has held qualified immunity cannot shield defendants from FCA liability. Citynet, No. 18-1575, 2020 U.S. App. LEXIS 19367 (4th Cir. June 22, 2020)...

PPP Loan Forgiveness and Review: Key Observations
Dykema, June 2020

PPP Loan Forgiveness IFR Revisions and Revised Application, Key Observations Part V Once again, the SBA is doling out guidance in small doses, solving some questions, creating new questions and leaving most questions still unanswered. On June 16, 2020, the SBA issued a revised PPP Loan Forgiveness Application, along wit hrelated instructions, and new PPP Loan Forgiveness Application Form 3508EZ, also with related instructions...

COVID-19: Recommended Employer Response to CDC’s Revised Guidance on High-Risk Employees
Dinsmore & Shohl LLP, June 2020

On June 25, 2020, the U.S. Center for Disease Control and Prevention (CDC) broadened its guidance on who’s at risk of severe illness from COVID-19 due to underlying medical conditions and age. Under the new guidance, the CDC departs from previous guidance stating that only individuals over 65 years of age were at increased risk of COVID-19 due to age, and now states that risk from severe illness from COVID-19 increases with age...

Unprecedented: COVID-19 Litigation Trends, Issue 13
Spilman Thomas & Battle, PLLC, June 2020

This 13th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in everything from constitutional law to tort liability. Shutdown cases show no signs of slowing down, and it seems probable that more will follow as some states reverse reopening plans in response to coronavirus outbreaks...

An Employer's Guide for Handling Vacation Issues in the Time of COVID-19
Spilman Thomas & Battle, PLLC, June 2020

Even in more traditional times, summer posed staffing issues for most employers, as employers juggled employee vacation requests while working to maintain a functional workplace. Of course, the COVID-19 pandemic resulted in stay-at-home orders in most states which either limited the ability of some businesses to operate or resulted in businesses furloughing employees or having them work from home...

Tennessee Extends Alcohol Carryout and Delivery August 29
Waller, June 2020

Tennessee Gov. Bill Lee has extended the executive order allowing drive-through, carryout and delivery of beer, wine and spirits for restaurants. Read Executive Order 50 here. Restaurants, limited-service restaurants and wine-only restaurants can continue to sell carryout and deliver alcoholic beverages and beer. There is no additional license or permission needed to deliver...

Supreme Court Rules Against Termination of DACA
Dinsmore & Shohl LLP, June 2020

On June 18, 2020, the Supreme Court of the United States ruled that the Department of Homeland Security (DHS) did not follow appropriate administrative procedures to terminate the Deferred Action for Childhood Arrivals (DACA) program and, therefore, was unauthorized to do so. The decision was a 5-4 ruling, written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer and Sonia Sotomayor...

Fed. Circ. Inserso Ruling Brings Bid Protest Considerations
Bradley Arant Boult Cummings LLP, June 2020

In a split decision with far-reaching implications for both government contractors and the private bar, the U.S. Court of Appeals for the Federal Circuit, in Inserso Corporation v. U.S., recently addressed timeliness and waiver issues in the bid protest context. The facts of this significant case, the majority and dissenting opinions, as well as key takeaways for federal contractors and their attorneys, are discussed below. The Facts The U.S...

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides
Buchalter, June 2020

On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup.  In National Association of Wheat Growers, et al. v...

OMG! Has China’s Supreme Court Reversed its Position on OEM Trademark Infringement? The Implications of the HONDAKIT Case
Deacons, June 2020

Foreign brand owners have often questioned whether they need a trademark registration in the PRC when engaging PRC factories for Original Equipment Manufacturing (OEM) activities. Previously, a pure OEM arrangement with proper authorisation from the owner of a trademark registration in the exporting country, would generally not be considered infringement of identical or similar PRC trademarks...

Bending COVID-19 Rules until they Break
Waller, June 2020

We are seeing significant upticks in state responses to violations of COVID-19 safety orders. Hours ago (June 26), Florida suspended all sales of alcohol at bars. The state broke the news via Twitter. Florida Gov...

COVID-19 Webinar Series: CFPB's Mortgage Servicing COVID-19 Interim Final Rule Webinar Recording
Bradley Arant Boult Cummings LLP, June 2020

In a significant move for mortgage servicers and mortgage loan borrowers impacted by the COVID-19 pandemic, the CFPB issued an interim final rule this week that will, among other things, enable servicers to offer a payment deferral option...

Executive Order Suspends Entry of Certain Visa Categories due to Coronavirus Outbreak
Dinsmore & Shohl LLP, June 2020

Effective June 24, 2020, a new executive order from President Donald Trump will go into effect, limiting the entry of certain categories of foreign nationals to the U.S. through December 31, 2020 ostensibly to protect the U.S. labor market as it recovers from COVID-19. The order focuses on suspending and limiting entry of foreign nationals who are currently outside of the U.S...

US Trademark Office Waives/Refunds Fees for Reviving Applications and Registrations Abandoned Due to COVID-19
Dinsmore & Shohl LLP, June 2020

The COVID-19 pandemic has taken a toll on countless businesses around the United States, including breweries. During this time, its understandable many businesses have allowed their trademark deadlines to pass without action due to lack of funds. In light of these hardships, the US Trademark Office has announced that if a business allowed a deadline to pass due to COVID-19, it will waive/refund any fees to Petition to Revive the abandoned application or registration...

U.S. Copyright Office Issues Final Regulation Regarding Short Online Literary Works
Dykema, June 2020

The U.S. Copyright Office has issued a final regulation (37 CFR §202.4) permitting a single, “group” registration for “Short Online Literary Works.” To be eligible, each of the works included in the registration “must be published as part of a website or online platform, including online newspapers, social media websites, and social networking platforms...

 

 

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