By Khanh “Kenny” Glatzel
Trademarks are essential assets of any business. Customers identify products by trademarks. Historically, trademark law has been a federal issue. Trademarks are registered with the United States Patent and Trademark Office (USPTO), and as a result, trademark litigation typically takes place in federal courts. That is, until cannabis commerce blooms.
Implementing small precautionary steps can help protect you against the potentially enormous consequences of getting caught by a phishing scam. Phishing is the malicious practice of gathering personal information, such as bank account and credit card details, passwords and more, through deceptive emails, texts, phone calls or websites.[1] In a recent blog post by CaseyGerry attorney Alyssa Williams, she outlines a few basic ways to protect yourself, and what to do if your information has been phished:
By Kelly Knepper-Stephens
Providing legal counsel to a California marijuana dispensary is a tricky business given the existing conflict between state and federal law.[1] The issues facing the marijuana industry require the same type of legal advice any business seeks: corporate law issues such as incorporation or partnership formation, contract law issues such as leases and purchase agreements, employment law issues, as well as criminal law considerations, to name a few.[2] Can an attorney ethically provide any of this needed advice, when the conduct of the business is illegal under federal law?
If your employees regularly receive tips, you may have considered or even implemented a tip pooling arrangement to collect and disperse tips among tipped employees. As Keith Goodwin and Greg Labate of Sheppard Mullin outline, employers should be aware of how new tip pooling guidelines may affect your business:
If you live in San Diego, you may have noticed electric scooters scooting down or parked on sidewalks around the city. Attorney and DUI expert Eric Ganci recently addressed whether or not you can be charged with a DUI when riding one of these “e-scooters.” Note, the following only applies in California; laws may differ in other states.
By Karine Wenger
It is that time of the year again. U.S. Citizenship and Immigration Services (USCIS) begins accepting petitions for new H-1B “CAP” visas during the first week of April 2018. Each year there is a cap on the maximum number of H-1B visas that will be issued — a 65,000 base cap, plus an additional 20,000 for beneficiaries who hold a U.S. master’s degree or higher. In recent years, the number of new H-1B petitions filed has greatly exceeded the number of available H-1B visas, which has resulted in the USCIS implementing a “lottery,” with only those randomly selected employer petitions being processed. In 2017, USCIS reported to have received over 199,000 H-1B petitions — more three times the number of H-1B visas available. Those fortunate enough to be selected in the lottery would begin employment in H1B on October 1, 2018.
Do you have undisclosed foreign assets? If so, you’ll need to learn more about the IRS’ decision to terminate its Offshore Voluntary Disclosure Program (OVDP), effective September 28, 2018. Attorney David Foate of Gresham|Savage outlined the eliminated OVDP and shared other available programs that can assist U.S. taxpayers who run afoul of their reporting obligations:
Effective April 1, new rules will change the claims procedures for disability benefit plans. If you are denied a claim, these amended rules could affect you. Attorney Corey Schechter of Butterfield Schechter LLP recently outlined what the new rules mean and how they can affect U.S. citizens, plan fiduciaries and insurance providers who deny claims:
Sexual harassment is in the news every day, presenting a lot of questions for both employees and employers. 2018 SDCBA President Kristin Rizzo detailed some important tenets of sexual harassment claims in a recent op-ed in the San Diego Union-Tribune, explaining in part:
Tax season is here. Do you know the requirements you need to meet when filing with head of household status? RJS Law recently outlined what information you need if you plan to file as head of household, and shared some common mistakes:
