On Saturday, June 24th, Madonna was found unresponsive in her hotel room.  She was rushed to the hospital where it was discovered she was suffering from a “serious bacterial infection” that required her to be intubated in the ICU for at least one night.  While her people put out a rosy spin by stating that she’s been discharged and is expected to make a full recovery, Madge had been violently ill and bedridden until recently.  On June 28th, Guy Oseary, Madonna’s long-time manager, told her fans that all her upcoming commitments, including her tour scheduled to start on July 15th ..read more

In New Jersey, employees generally do not have a right to paid time off unless it is explicitly stated in a contract or employment policy.  Paid time off policies and the payment of unused time varies based on federal, state and local laws, as well as on the specific employment contract or policy in place. IS PAID TIME OFF REQUIRED IN NEW JERSEY? State, federal and local laws do not require employers to provide paid time off in New Jersey, unless it is guaranteed in an employment contract or company policy.  If paid time off is provided, employers must follow the terms outlined in th ..read more

From literature and music to software and product design, the vast realm of creative expression encompasses a complex landscape of protection.  But where are the lines drawn? Copyright is only one segment of a broader spectrum called “intellectual property.”  As is often the case with segments of a spectrum—the boundaries are somewhat arbitrary, and the subject matter can bleed across from one segment into the next.  Just so with intellectual property. To demonstrate the lack of clarity surrounding the term “copyright,” it’s important to note that what we commonly refer to as “c ..read more

In the world of business, where competition and conflicts abound, understanding the nuances of business torts is crucial.  In this blog we delve into the intricate world of these legal wrongs and their impact on modern enterprises. Types of Business Torts Business torts are wrongful acts that lead to reputational harms or economic losses for businesses or parties involved.  Some torts are intentional, involving deliberate acts.  For instance, when a business fraudulently misrepresents its offerings, it commits an intentional tort.  Other torts are negligent, like when a bus ..read more

The New York State Legislature passed a bill restricting non-compete agreements between employers and employees.  If signed into law by Governor Hochul, what does this mean for non-compete agreements, current and future? What does the bill say? On June 20, 2023, the New York State Assembly passed Bill A01278.  The bill bans contracts that restrain individuals from working in a “profession, trade, or business of any kind.”  Employers will be prohibited from seeking, requiring, or accepting a non-compete agreement from any “covered individual.”  “Covered individual” is a pers ..read more

Twitter is being sued for willful copyright infringement in a Tennessee federal district court by the National Music Publishers Association (NMPA) and over a dozen of its member music publishers, including the majors, Universal, Sony, and Warner.  The lawsuit claims Twitter “knowingly hosts and streams unauthorized copies of music compositions.”  Plaintiffs are seeking damages of at least $250 million.  The lawsuit only involves musical compositions.  No master recordings are the subject of the action as there are no record labels bringing this case. Allegations and Claims ..read more

There are various reasons you may want to record a conversation, especially if you are involved in a dispute.  However, federal and state laws vary as to the legality of recording a person without their consent.  Similarly, different states have different rules about whether a recorded conversation may be admitted into evidence, in the case of a civil litigation or other proceeding.  For instance, the rules in states like Florida are much more restrictive than New York and New Jersey. Generally, in California, you cannot legally record a conversation wit ..read more

Not all parodies are protected by the First Amendment.  The Supreme Court, in its June 8, 2023, opinion in Jack Daniel’s v. VIP Products, unanimously held that VIP Products’ dog toy, which had the same bottle shape and used much of the same label design featured in Jack Daniel’s whiskey bottle and label–both of which are trademarked–was not a fair use parody and, therefore, constituted both infringement and dilution of Jack Daniel’s trademarks. CASE HISTORY AND LEGAL BACKGROUND VIP Products created a plastic, squeaky chew toy in the shape of Jack Daniel’s iconic bottle, but with the famou ..read more

Trademark infringement is a significant issue for the fashion industry, as knockoffs, counterfeits, and other forms of copying can cause significant damage to a brand’s reputation and revenue.  To protect their brand, fashion companies spend a significant amount of time and money suing  others for copyright and trademark infringement.  One reason for the vigorous enforcement is that if companies  fail to “police” their trademarks, they can lose their trademark rights.  However, not all copying constitutes infringement, and one exception is fashion parodies. Some Legal ..read more

In the age of social media, the issue of who owns a photograph has become increasingly relevant, particularly when it comes to photographs of celebrities.  Many celebrities have assumed that they own pictures taken of them.  That false assumption has proved costly in some cases. Under U.S. copyright law, the person who “authored” a work is the copyright owner.  This means that the photographer, not the celebrity whose picture is taken, owns the rights to the image. The Copyright Act grants creators (i.e., “authors”) several exclusive rights, including the  right to use, rep ..read more