Retaining a Grandfathered Gaming Location in Nevada | We have all heard the phrase location, location, location. In the context of gaming in Nevada, grandfathered locations refer to casinos or gaming establishments that have been allowed to continue operations under previous laws or regulations, even after new laws or restrictions were put in place. These locations often enjoy certain privileges that newer establishments do not.
Continue Reading ›Meet Mariela Hollines, the latest addition to the Lewis Roca Michael D. Nosler Scholarship program. Born and raised in Colorado, Mariela has always maintained a strong connection to her community. She earned her undergraduate degree from the University of Northern Colorado, majoring in Economics with a minor in Africana Studies. Now in her second year at the University of Colorado Law School, Mariela is on a path to making a meaningful impact in the legal field.
Continue Reading ›The impact of social media is undeniable in today’s society. Whether it is utilized for personal use, maintaining family connections, or capitalizing on the latest trends, social media is interwoven into the fabric of society. These opportunities are not; however, limited only to individuals. Social media can be an invaluable marketing outlet for all businesses. It allows companies the opportunity to advertise their products and services to large audiences, connect with the public, and strengthen their brand. Of note, promotional sweepstakes are a highly effective marketing tool that companies can utilize to achieve optimal results.
Continue Reading ›On November 8th, Arizona voters approved Proposition 209, which significantly modifies the rights of creditors. Although the pre-election publicity focused mostly on medical debt, Prop. 209 changes how all types of debt can be collected against individuals. The initiative took effect on December 5, 2022.
Continue Reading ›Earlier this week, the Nevada Gaming Control Board (“Board”) released a notice to licensees encouraging the introduction and use of new and innovative technology into the gaming industry in Nevada. To achieve this objective, the Board released guidelines to expedite the evaluation of gaming technology, effective July 1, 2024. The guidelines do not modify or amend any regulation adopted by the Nevada Gaming Commission (“NGC”), rather they are meant to incorporate the processes the Board intends to follow within the existing parameters of the NGC regulations.
Continue Reading ›In early March 2024, the Nevada Gaming Control Board (“Board”) voted unanimously in favor of a series of proposed amendments to Gaming Regulation 5, specifically as it pertains to registered hosting centers and service providers (in particular, cloud computing service providers). These regulations were recently considered for final approval by the Nevada Gaming Commission (“Commission”) at its May 16th meeting.
Continue Reading ›The Nevada Gaming Control Board will hold a workshop on May 23, 2024, to solicit comments on proposed amendments to Nevada Gaming Commission Regulations regarding, without limitation, Regulations 5, 7A, 8, 9, 14, 16, 22, and 28.
Continue Reading ›Plaintiffs’ counsel have developed a new weapon in their arsenal for privacy litigation involving tracking pixels: Arizona’s “Telephone, Utility and Communication Service Records Law,” A.R.S. § 44-1376 et seq.
Continue Reading ›In 1980, Congress passed Public Law 96-221, called the Depository Institutions Deregulation and Monetary Control Act (“DIDMCA”), which, in part, allowed federally insured state banks, state credit unions, and state savings institutions the ability to export the “interest” permitted under their home state laws to customers/borrowers in other states without regard to any “interest” limitations in the customer’s/borrower’s home or domiciled state. This put state-chartered banks on equal footing with national banks and federal credit unions, which already could lend across the nation at any interest rate allowed in their respective home states. DIDMCA, under Section 525, also permitted states to opt-out of allowing this kind of interest rate exportation (Sections 521-523 of DIDMCA). As referenced above, federal interest rate exportation authority of national banks or federal credit unions is not based on DIDMCA and will therefore not apply to the following discussion.
Continue Reading ›Over the years many clients have forwarded to us scam trademark mailings. These mailings come from various official-sounding sources, all of which seek money to allegedly take action regarding the client’s trademarks. However, we have learned of a new, bolder scam. We have multiple reports of clients receiving telephone calls claiming to be from the United States Patent and Trademark Office (USPTO). The caller claims an immediate payment is needed to maintain a trademark filing, when no such payment is in fact needed. The caller is armed with specific data about the filing (which is all public record) and often calls within a day or two of when an application is filed. One caller even spoofed the USPTO telephone number, and pointed their potential victim to that number on the USPTO website in an effort to legitimize their claims.
Continue Reading ›We officially welcome our 2024 Diversity Legal Writing Interns who have joined us in our Las Vegas, Phoenix, and Tucson offices.
PHOENIX OFFICE
Sadie Red Eagle Law School: Arizona State University, Sandra Day O’Connor School of Law Undergraduate: Dartmouth College, B.A. American Indian/Native American Studies and Government Double Major |
Sadie grew up in San Diego, California and Tahlequah, Oklahoma. Sadie is a citizen of the Otoe-Missouria Tribe of Indians and a descendant of the Ponca Tribe of Oklahoma, Sisseton Wahpeton Oyate, and Fort Belknap Assiniboine. Sadie graduated ...
Continue Reading ›As we step into 2024, our State and Local Tax team is pleased to present a concise overview of key Arizona tax developments from 2023.
Continue Reading ›Meet Caileb Booze, the latest addition to the Lewis Roca Michael D. Nosler Scholarship program. Originally from Oklahoma, Caileb pursued his undergraduate studies in Sociology at Oklahoma State University before spending a few years in Dallas, Texas. Ultimately, Caileb's academic journey led him to the University of Colorado Law School.
Continue Reading ›On September 12, the Arizona Supreme Court declined to take review in ADP, LLC v. Ariz. Dep’t of Revenue, No. CV-23-0036-PR., which lets stand the Arizona Court of Appeals opinion in the same case. 254 Ariz. 417, No. 1 CA-TX 21-0009 (Ariz. Ct. App. Jan. 31, 2023).
Continue Reading ›The Arizona Court of Appeals affirmed a jury verdict that imposed 100% liability on an escrow agent for a wire transfer it sent to a cybercriminal/imposter and attributed no fault to the imposter or the party whose systems were compromised by the imposter. Cybersecurity practitioners and Arizona litigators should take note of the decision and its potential implications.
In Mago v. Arizona Escrow & Financial Corp., the plaintiff (“Mago”) had contracted to purchase a Subway franchise from the prior owners (the “Sellers”). The escrow agent for the deal was Arizona Escrow (the ...
Continue Reading ›The Government Accountability Office recently returned to the subject of the unavailability of key personnel listed in contract proposals. ASRC Federal Data Solutions, B-421008, December 2, 2022, 2022 CPD ¶ 294, is a bid protest where the awardee of the contract was found to have misrepresented its capacity to furnish a key person identified in its proposal. The GAO sustained the protest, determining that the key person had withdrawn her acceptance of a contingent offer of employment from the awardee, the agency relied on that misrepresentation, and the misrepresentation had a material effect on evaluation of the proposals.
Continue Reading ›The National Credit Union Administration (NCUA) approved a final rule that will require any Federally-Insured Credit Union (FICU)—including federally chartered corporate credit unions and federally insured state-chartered corporate credit unions—to report certain cyber incidents to the NCUA as soon as possible, and no later than 72 hours, after it “reasonably believes” it has experienced a reportable incident. The rule, which adds a new subsection (c) to 12 CFR Part 748.1, goes into effect September 1, 2023.
In issuing its new rule, the NCUA attempted to closely ...
Continue Reading ›We officially welcome our 2023 Diversity Legal Writing Interns who have joined us in our Denver, Las Vegas, Phoenix, and Tucson offices.
Continue Reading ›Download your free guide to Arizona's tax developments that occurred in 2022, with a focus on this past year’s tax legislation and court cases.
Continue Reading ›The investigation is focused on retail, travel, and food service apps that either do not honor consumer opt-out requests or do not provide the appropriate mechanisms for consumers to stop the sale of their data.
Continue Reading ›Bid protest determinations serve to resolve challenges to procurement decisions by government agencies. Beyond that purpose, these rulings can also offer valuable insights as to what factors determine whether or not a contract proposal is successful. A recent example of such a decision from the Government Accountability Office is Matter of Tech Marine Business, Inc., B-420872, 2022 CPD ¶ 260, October 14, 2022. The GAO sustained this protest because the agency failed to adequately explain why it did not consider the contractor’s transition plan to merit a strength finding.
Continue Reading ›After his recent acquisition of Twitter, Elon Musk announced sweeping changes to the platform. Among them is his crusade to suspend accounts impersonating others unless the account “clearly” specifies the account is for parody. This defeats the very purpose of comedy. A joke is not funny if you have to explain it.
Continue Reading ›Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection.
Continue Reading ›The best time to respond to a ransomware attack was yesterday, but the second-best time to start responding is today. Study after study over the past year has confirmed that having a plan in place in the event of a data breach and ransomware attack can save you and your company millions. Every employer has a fire evacuation plan and drills they run, and this is no different.
Continue Reading ›Governor Doug Ducey announced that Arizona will implement its new 2.5% flat income tax rate on January 1, 2023, a full year ahead of schedule. According to Gov. Ducey, the accelerated implementation is the result of the state’s “continued economic growth and record surplus.”
Continue Reading ›The document where you sign your life away. The best of them ask you to fill your name out at the top and then initial every single paragraph across multiple pages of the release. As the paragraphs progress, the consequences of your "fun" activity get more and more dire.
Continue Reading ›Louisiana has joined the growing number of states requiring solar producers to provide financial security for clean-up costs associated with shutting down their facilities.
Continue Reading ›Lewis Roca partners Mary Ellen Simonson and Laura Pasqualone joined Steve Hirschfeld on the ”Employment Matters” podcast for Employment Law Alliance. In this episode for the Travel Tuesdays series, they explored the essential things to know before doing business in the state of Arizona.
Continue Reading ›On June 21, 2022, The Ohio State University (OSU) obtained a federal trademark registration (U.S. Reg. No. 6,763,118) for the standard character mark THE for “t-shirts, baseball caps, and hats; all of the foregoing being promoted, distributed, and sold through channels customary to the field of sports and collegiate athletics.”
Continue Reading ›The Pennsylvania legislature is weighing two bills that require decommissioning plans for solar energy projects, and the debate over them among lawmakers illustrates the challenges associated with developing a solution to this growing issue in the renewable energy industry.
Continue Reading ›The Nevada Gaming Commission (“Commission”) recently amended Commission Regulation 5 to (i) allow hosting centers located outside of Nevada to house Nevada-regulated gaming equipment provided they register with the Gaming Control Board (“Board”) and satisfy certain additional criteria; and (ii) expand the scope of Nevada-regulated gaming equipment that may be housed at hosting centers.
Continue Reading ›A Colorado law will take effect in August 2022 that substantially changes what is permissible for non-compete and non-solicitation employment agreements.
Continue Reading ›The Metaverse is a virtual environment whose digital attributes persist even if the user is not logged online. What makes the Metaverse more complex is its integration with new technology. Wearable technology such as the Oculus give the Metaverse the capability to virtualize almost all facets of the real world. The similarities to the real world and high functionality can lead to legal issues, including trademark issues.
Continue Reading ›We are excited to introduce our 2022 Summer Class, which consists of nine incredible summer associates. The firm will host an in-person program this year in our Denver, Los Angeles and Phoenix offices.
Continue Reading ›A contractor’s own terms and conditions infrequently appear in procurement contracts with the federal government. For the most part these contracts are “take it or leave it” propositions with the agency’s own terms and conditions defining the agreement of the parties. Recently, however in CSI Aviation, Inc. v. Department of Homeland Security, 31 F.4th 1349 (Fed. Cir. 2022), the U.S. Court of Appeals took the opportunity to address circumstances when a contractor’s standard terms and conditions may be incorporated by reference into a federal contract.
Continue Reading ›A new internet frontier is opening, one that is not associated with or controlled by the Internet Corporation for Assigned Names and Numbers (ICANN) and shares little in common with the more well-known and used TLDs such as .com, .net, .org., and .biz.
Continue Reading ›On March 18, 2022, the U.S. Department of Energy (DOE), Solar Energy Technologies Office (SETO) released its Photovoltaics End-of-Life Action Plan.
Continue Reading ›As renewable energy projects approach the end of their lifespan, companies may face various legal issues associated with the decommissioning or repowering processes, some of which may lead to litigation.
Continue Reading ›What happens when a key person for a contractor resigns while a procurement is still pending? A recent protest decision by the Government Accountability Office addresses this question.
Continue Reading ›On February 16th, the Council on Environmental Quality (“CEQ”) published an interim document to guide the regulation and permitting of carbon capture, utilization, and sequestration (“CCUS”) technologies.
Continue Reading ›On January 26th, Arizona Corporation Commissioners voted 3-2 against modifications to the state’s Energy Rules.
Continue Reading ›On January 24th, the U.S. Supreme Court granted Certiorari in Sackett, Michael, et ux. v. EPA, et al. on the limited question of “[w]hether the Ninth Circuit set forth the proper test for determining whether wetlands are ‘waters of the United States’ under the Clean Water Act.”
Continue Reading ›Download your free guide to Arizona's tax developments that occurred in 2021, with a focus on this past year’s tax legislation and court cases.
Continue Reading ›A new law in Arizona, HB 2617, makes significant changes to Arizona’s homestead exemption and expands the rights of judgment creditors. The law went into effect on January 1, 2022, but creditors with judgments entered before then also may take advantage of the changes to the law.
Continue Reading ›On December 21, the Bureau of Land Management (“BLM”) published a Notice in the Federal Register calling for expressions of interest and nominations for utility-scale solar development on parcels of land within seven identified solar energy zones (“SEZ”) on a combined 89,589 acres of public land. The seven SEZs include Antonito Southeast, DeTilla Gulch, and Los Mogotes East in Colorado; Dry Lake Valley North, Gold Point, and Millers in Nevada; and Afton in New Mexico.
Continue Reading ›A widely reported flaw in popular software known as Log4j poses a severe cybersecurity threat to organizations around the globe, with hundreds of millions of devices at risk.
Continue Reading ›OIRA’s Fall 2021 Unified Agenda outlines the near and long-term regulatory actions each federal agency intends to take before the Spring 2022 Unified Agenda is released.
Continue Reading ›The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so will result in the claim being rejected as untimely.
Continue Reading ›An eye towards sustainability has always been at the forefront of the renewable energy industry, but in many cases, technology was not able to catch up to the good intentions of the industry until recently.
Continue Reading ›On Thursday, November 19th, 2021, the Gaming Control Board (“Board”) held a public workshop to discuss possible amendments to the Nevada Gaming Commission regulations regarding remote registration for wagering accounts used for other than sports, nonpartimutuel race, or “other event” wagering.
Continue Reading ›As industry leaders and businesses tackle the question of how to decommission, repower, or redevelop our renewable energy generation technology that has reached the end of its useful life, important considerations must be weighed.
Continue Reading ›On Monday, President Biden signed the $1.2 trillion bipartisan Infrastructure Investment and Jobs Act into law. The measure will deliver $550 billion in new federal spending over 5-years and will direct $650 billion in already appropriated dollars into new and existing funding programs for project development.
Continue Reading ›As more states continue to adopt and consider rules for renewable energy facility decommissioning, they do so against the backdrop of the existing federal financial assurance rules implemented by the Bureau of Land Management (“BLM”) (and, for offshore facilities, the Bureau of Ocean Energy Management).
Continue Reading ›On November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) on Covid-19 Vaccination and Testing.
Continue Reading ›The first commercial wind and solar power generation facilities in the United States were constructed in the early-1980s. Since then, hundreds of acres of solar farms and thousands of individual wind turbines have been installed around the country largely as a result of maturing technologies, declining power prices, state renewable energy portfolio requirements and goals, and growing public interest in clean energy.
Continue Reading ›Late last month, the Bureau of Land Management (“BLM”) issued Instruction Memorandum 2021-046 to reinstate both BLM Manual Section (MS-1794) and BLM Handbook (H-1794-1), which restore previously rescinded BLM policies on mitigating operator impacts on public lands managed by the BLM.
Continue Reading ›On October 7, 2021, the Council on Environmental Quality (CEQ) proposed certain changes to its regulations implementing the National Environmental Quality Act (NEPA).
Continue Reading ›On Friday, September 10th, the Bureau of Land Management (“BLM”) noticed a competitive offer of solar energy development on public lands in Beaver County, UT.
Continue Reading ›On August 30, 2021, Judge Marquez of the U.S. District Court for the District of Arizona vacated the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) (collectively “Government Defendants”) 2020 “Navigable Waters Protection Rule” (“NWPR”), finding that the NWPR had “fundamental, substantive flaws that cannot be cured without revising or replacing the NWPR’s definition of ‘waters of the United States.’”
Continue Reading ›Technical discriminators, which distinguish one technical proposal from another, frequently determine contract awards in best value procurements conducted by the federal government. Bid protest decisions of the Government Accountability Office and the U.S. Court of Federal Claims commonly address those discriminators that agencies find significant in evaluating technical proposals.
Continue Reading ›Experienced litigator and American College of Trial Lawyers member, James Lyons had the opportunity to have a candid conversation with his friend and former US President, William J. Clinton.
Continue Reading ›On Friday, July 9th, the White House issued an Executive Order on ‘Promoting Competition in the American Economy’. The Executive Order directs over a dozen federal agencies to undertake 72 initiatives that address “…some of the most pressing competition problems across our economy…”.
Continue Reading ›On Tuesday, June 29, 2021, the U.S. Supreme Court voted 5-4 to reverse the Third Circuit and affirm that authorized natural gas pipeline developers have the ability to exercise federal eminent domain over state and municipal lands.
Continue Reading ›In a 5-4 decision written by Justice Kagan (joined by Chief Justice Roberts and Justices Breyer, Sotomayor and Kavanaugh) in Minerva Surgical, Inc. v. Hologic, Inc. (June 29, 2021), the Supreme Court reined in the doctrine of assignor estoppel.
Continue Reading ›We officially welcome our 2021 Summer Class, which consists of 8 outstanding summer associates. The firm will host a hybrid (in-person and virtual) program this year in our Denver, Los Angeles and Phoenix offices.
Continue Reading ›The Arizona Court of Appeals held that state and local governments were categorically preempted from imposing property taxes on permanent improvements located on Tribal lands, regardless of the ownership of those improvements, reversing an earlier decision of the Arizona Tax Court.
Continue Reading ›The following update provides an overview of Arizona tax developments that occurred in 2020, with a focus on this past year’s tax legislation and court cases. We hope that you will find this annual compilation useful and interesting.
Continue Reading ›Opportunities to learn as a collective group will broaden the Board members’ understanding of their roles and responsibilities and the environment in which the Board operates.
Continue Reading ›On January 20, 2021, U.S. Circuit Court Judge Kayatta for the First Circuit Court of Appeals issued a 49- page ruling upholding the U.S. District Court’s ruling rejecting the 2018 Wire Act interpretation that The Wire Act applies to all forms of gambling rather than only sports betting.
Continue Reading ›The United States Patent & Trademark Office has enacted a Final Rule that will increase the
fees for filing trademark applications, maintaining trademark registrations and filing
oppositions and cancellations before the Trademark Trial and Appeal Board, effective
January 2, 2021.
After much haggling, Congress passed its second major COVID-related relief package on December 21, 2020. The $900 billion package is included in the 5,593-page Consolidated Appropriations Act of 2021, which is expected to be signed by President Trump shortly and will provide funding for the federal government between now and the end of the current fiscal year on September 30, 2021.
Continue Reading ›Prize-linked savings (PLS) accounts are a new and exciting way for banking customers to experience the thrill of a lottery while personally funding their savings account. PLS accounts add a lottery-style feature to certain savings accounts where financial institutions offer incentives to its customers to win prizes. These prizes are funded by the interest that accrues from the pool of prize-linked accounts.
Continue Reading ›On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued new guidance to employers that want to require employees to get Covid-19 vaccinations when they become available to most Americans. The guidance also outlines the steps that employers must take before they can exclude unvaccinated employees from their facilities and job sites.
Continue Reading ›FireEye, Inc., a leading U.S. cybersecurity firm, recently disclosed that it had been hacked by a nation-state actor. The company has since revealed that the hack was likely perpetrated, in part, through an ongoing compromise of “Orion” IT monitoring and management software offered by SolarWinds Worldwide, LLC.
Continue Reading ›According to recent reports, cloud hosting and IT services provider Netgain, which bills itself as “the industry standard for secure and scalable IT-as-a-Service (ITaaS) for accounting and healthcare,” has been forced to take some of its data centers offline after suffering a recent (and potentially ongoing) ransomware attack.
Continue Reading ›No question, the ongoing COVID-19 pandemic is giving rise to multitudes of delay claims (along with claims of other varieties) by contractors against the federal government.
Continue Reading ›Not all patent owners exploit their patents by making and selling products. Rather, some monetize their patents through licensing in which case the entities are referred to as “Non-Practicing Entities” or "NPEs." Some NPEs own strong and valid patents, and engage in commercially reasonable licensing activities.
Continue Reading ›Labor and Employment attorney Laura Pasqualone discussed on the Employment Legal Alliance podcast the potential legal issues employers may face once a COVID-19 vaccine is available to the public.
Continue Reading ›The Government Accountability Office (GAO) recently denied a protest brought by a contractor who failed to submit an adequately written proposal for the award of a federal contract. This decision breaks no new ground legally but it serves as a timely reminder of how failure to identify the assumptions upon which a proposal is based will yield a disappointing result.
Continue Reading ›BOK Financial Insurance hosted a webinar on Thursday, September 10 with industry experts who provided insights and recommendations on navigating the increased presence of teleworking as well as considerations when preparing your workplace for employees to return to the office.
Continue Reading ›Social media influencers' name, image and likeness can be protected by “the right of publicity.” Intellectual property attorneys Oliver Bajracharya and Drew Wilson address the legal issues surrounding the right of publicity and how the law views this “right” which differs from state to state.
Continue Reading ›IP attorneys Tom Daly & Drew Wilson discuss three intellectual property tools that protect the art and design of products.
Continue Reading ›IP attorneys Tom Daly & Drew Wilson discuss three intellectual property tools that protect the art and design of products. Design patents play a role in ensuring a product’s brand and life cycle is protected. Knowing what protection you need for your specific product can be a game-changer for your business. Whether you are a startup or an established business launching a new product, this series can help you determine the best tools to protect the intellectual property of your products.
Continue Reading ›HR can be especially challenging for smaller employers with limited resources and can be even more challenging for business during the COVID-19 rebuilding period. In these difficult times, it is important to be prepared for the new normal in the workplace. This webinar slide deck aims to discuss some of the most critical areas you need to be aware of to avoid HR-related fines, lawsuits, or penalties.
Continue Reading ›IP Attorneys Tom Daly & Drew Wilson discuss three intellectual property tools that protect the art and design of products. Copyright, trade dress and design patents all play a role in ensuring a product’s brand and life cycle is protected.
Continue Reading ›SB4 has a number of implications for Nevada businesses, which includes: (1) requiring certain state agencies and the Clark and Washoe County health districts to adopt regulations related to lodging facilities for the duration of the COVID-19 pandemic; (2) limiting civil liability for businesses and other entities that substantially comply with controlling health standards; and (3) granting additional enforcement authority to certain state agencies, including the Nevada Secretary of State (“SOS”).
Continue Reading ›Neil Young recently filed a copyright infringement suit against Donald Trump’s re-election campaign. Young alleges that the use of his songs Rockin’ in the Free World and Devil’s Sidewalk at Trump campaign rallies and political events including Trump’s recent rally in Tulsa, Oklahoma on June 20, 2020 were done without permission and constitute copyright infringement.
Continue Reading ›The opinion resolves the key legal issue in a citizen suit brought by a number of environmental interest groups alleging that Maui County, Hawaii, requires a CWA permit in connection with discharges of treated sewage into groundwater.
Continue Reading ›On July 8, 2020, the United States Supreme Court released two decisions with important implications for the rights of religious employers.
Continue Reading ›The following summarizes the latest news in the Southwest relating to state tax and the COVID-19 pandemic.
Continue Reading ›On June 30, the Arizona Department of Revenue issued a draft Transaction Privilege Tax Ruling TPR 20-XX and the corresponding Transaction Privilege Tax Procedure TPP 20-XX. These tax rulings are the first step formalizing the procedure for late payment penalty abatement due to COVID-19.
Continue Reading ›Can a generic word combined with “.com” ever be eligible for trademark protection in the United States? Yes, under the Supreme Court’s 8-1 decision in United States Patent And Trademark Office v. Booking.com B.V., issued today.
Continue Reading ›As the COVID-19 pandemic continues, states are clarifying their position on certain tax relief provisions available to taxpayers. Additionally, taxpayers in the Southwest and nationwide should be aware that the July 15 extended filing deadline for 2019 corporate and personal income tax at the federal and state levels is rapidly approaching.
Continue Reading ›Since January, the COVID-19 pandemic has altered the global economy, leading to even greater cybersecurity threats as more and more people are connecting remotely. Indeed, the FBI has reported a 300% increase in the number of daily complaints submitted to its Internet Crime Complaint Center (IC3) during the pandemic.
Continue Reading ›Businesses small and large have been impacted in myriad ways by the COVID-19 crisis but some businesses have responded by reinventing themselves by making products or providing services to meet the new demands of COVID-19.
Continue Reading ›Taking a few small steps to set up your company’s Digital Millennium Copyright Act agent can provide significant protection against copyright claims.
Continue Reading ›The complaint claims that Apple profits from games with loot boxes by marketing the games to children, acting as an agent for the game developers, and managing the monetary transactions. Apple does not explicitly provide notice that a loot box game feature exists and instead provides disclosures of “Offers In-App Purchases.”
Continue Reading ›On March 30, 2020, the Office of the Under Secretary of Defense issued a memorandum to procurement officials throughout the Department of Defense on managing the effects of the COVID-19 virus on defense contracts. This memorandum is authored by Kim Herrington, the Acting Principal Director, Defense Pricing and Contracting. Although the memorandum lacks detail, it should be viewed as an encouraging sign from the DoD that it recognizes its contractors are impacted by the virus and that they are entitled to seek relief.
Continue Reading ›The United States Supreme Court issued a landmark decision on June 15, 2020, ruling that Title VII of the 1964 Civil Rights Act protects employees from discrimination based on their sexual orientation and gender identity. Chief Justice John Roberts and Justice Neil Gorsuch sided with the Court’s more liberal members in finding that Title VII’s ban on discrimination “because of sex” covers sexual orientation and gender identity.
Continue Reading ›On June 11, 2020, the U.S. Equal Employment Opportunity Commission issued new guidance that addresses numerous pandemic-related topics.
Continue Reading ›On June 5, 2020, President Trump signed into law the latest COVID-19 relief-related legislation: the Paycheck Protection Program Flexibility Act (the “Act”). As stated in the title of the Act, the purpose of this legislation is to provide the recipients of PPP loans greater flexibility in the use of loan funds, while maintaining eligibility for loan forgiveness.
Continue Reading ›Big Fish Casino is a social gaming application that provides “freemium” online casino games. Similar to many other providers, users are awarded free chips when they create their account and may obtain additional chips by winning games, via free chip replenishment, or by purchasing additional chips. Big Fish Games was owned by Churchill Downs Incorporated and subsequently sold to Aristocrat Leisure Limited earlier this year.
Continue Reading ›The USPTO has twice announced extensions of certain trademark and patent deadlines in accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The most recent extensions will lapse on May 31, 2020, but the USPTO will continue to offer some relief.
Continue Reading ›The SBRA law became effective in February 2020. In March, Congress increased the eligibility limit to businesses with up to $7,500,000 in debt for at least a year. Many, if not most, chapter 11 filings could qualify.
Continue Reading ›On April 27, 2020, the Securities and Exchange Commission issued guidance regarding investment advisory firms’ duty to disclose loans obtained under the Paycheck Protection Program (PPP) created under Section 1102 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The SEC has concluded that an advisory firm must disclose to clients that it has taken a PPP loan to counter the impact of the COVID-19 pandemic.
Continue Reading ›Following Nevada Governor Steve Sisolak’s March 17, 2020 directive to close all non-essential businesses, Nevada gaming establishments ceased operations and sent all employees home. This article seeks to provide Nevada gaming establishments with several topics to consider when crafting policies and protocols for bringing employees back into the workplace during the ongoing pandemic.
Continue Reading ›The USPTO has announced extensions of certain patent and trademark deadlines in accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Under some conditions, discussed below, deadlines for filing certain patent and trademark related documents and paying certain required fees that would otherwise have been due between March 27 and May 31 may now be filed on or before June 1.
Continue Reading ›COVID-19 and the subsequent stay-at-home/safer-at-home orders that have been in place for approximately the last 6-weeks resulted in severe financial strain on many borrowers who have either lost their jobs, been furloughed, experienced a significant reduction in their income as a result of cutting hours or have witnessed a decline in business.
Continue Reading ›Although many employers in the construction industry have continued to operate as essential businesses during the COVID-19 pandemic, some have allowed certain employees to work from home where possible. As states begin to loosen restrictions and “reopen” for business in the coming weeks and months, construction employers will need to implement new, and possibly permanent, policies and guidelines designed to keep the construction workforce safe.
Continue Reading ›On April 24, 2020, the Small Business Administration (“SBA”) issued revised and updated guidelines to allow certain gaming businesses to benefit from the new Paycheck Protection Program (“PPP”) created under Title II of the CARES Act. This is a reversal of the SBA’s longstanding regulations that made most gaming businesses ineligible for any SBA loans.
Continue Reading ›As stay-at-home orders and the economic fallout of the COVID-19 pandemic continue, states continue to update the tax relief available to taxpayers. The following summarizes the latest news in the Southwest.
Continue Reading ›Cybercriminals are exploiting the vulnerability of the healthcare community affected by COVID-19, an increase in teleworking and the need by medical professionals to stay current on coronavirus information.
Continue Reading ›The Supreme Court today resolved a long-standing circuit split, unanimously holding that willfulness is not a requirement for an award of profits in a trademark infringement lawsuit. The case is Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233 (April 23, 2020).
Continue Reading ›As the fallout from the COVID-19 virus widens and the prospect of an economic downturn looms, lenders are likely to focus more on protecting their collateral. Although many lenders are negotiating accommodations with borrowers in the short term, some of these accommodations will inevitably be unsuccessful and lead to defaults.
Continue Reading ›On April 17, 2020, the Equal Employment Opportunity Commission published additional guidance for employers regarding the issues they are facing due to the COVID-19 pandemic. The latest advice focuses on the reasonable accommodation requirement of the Americans with Disabilities Act (the “ADA”).
Continue Reading ›The CARES Act allows a 401(k) plan to provide a coronavirus-related distribution option (CVR Distribution) to plan participants affected by the COVID-19 pandemic. Specifically, a plan participant who is a Qualified Individual can elect one or more CVR Distributions totaling no more than $100,000 during the period beginning January 1, 2020 and ending December 30, 2020.
Continue Reading ›On April 16, 2020, the Department of Insurance issued Regulatory Bulletin 2020-04, addressing the flexibility that the Agency asks the Insurance Industry to practice.
Continue Reading ›In a Frequently Asked Questions (FAQs) issued on April 10, the IRS clarified the interaction between the employer relief provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the loan forgiveness provision for employers that receive a Paycheck Protection Program (PPP) loan.
Continue Reading ›On April 13, 2020, the Financial Industry Regulatory Authority (FINRA) issued guidance for member firms and registered persons regarding the Paycheck Protection Program (PPP) created under Section 1102 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. FINRA specifically addressed the interaction between PPP loan forgiveness and disclosure obligations under Question 14K on Form U4.
Continue Reading ›On April 8, 2020, the Federal Circuit vacated the decision of the Trademark Trial and Appeal Board (the "TTAB") - which had denied registration of Forney's multi-color product packaging mark - and held that "color marks can be inherently distinctive when used on product packaging, depending upon the character of the color design."
Continue Reading ›As we navigate through these uncertain times and face challenges like never seen before in the world of commercial leasing, landlords and tenants should be cautioned against the unintended consequences of their actions.
Continue Reading ›With many cities following shelter-in-place orders because of the COVID-19 outbreak, many businesses have been forced to close their doors. This does not mean that businesses are left to only sit back and wait for orders to lift. Instead, businesses should consider proactive measures to connect with their community, raise brand awareness and focus on how to bring in customers once the pandemic subsides.
Continue Reading ›Just like for-profit employers, nonprofit organizations (“nonprofits”) across the country have been impacted by the COVID-19 crisis. Much action has been taken by Congress to enact laws that will provide for the economic health of business and employees.
Continue Reading ›As social distancing and self-isolating guidelines are set in place with no immediate end in sight, many casinos are facing an uncertain future. Numerous concerts, conferences and other events held in casino convention centers have been canceled because of the coronavirus outbreak.
Continue Reading ›Consumer and industrial demand for gasoline has plummeted as a result of the COVID-19 pandemic. In addition, a geopolitical standoff between Saudi Arabia and Russia has created a worldwide oil glut. As a result, oil prices have dropped below levels necessary to maintain profitable production in many parts of the United States.
Continue Reading ›Since the IRS announced that the due date for filing and payment of individual, corporate, and fiduciary income tax returns have been extended to July 15, 2020, the states have followed suit, including the Southwestern states that Lewis Roca Rothgerber Christie covers — Arizona, California, Colorado, Nevada, New Mexico, and Texas. This alert will look at how these Southwestern states have implemented income tax relief and what relief these states have provided for sales tax and property tax filing and payment deadlines. This is current as of April 8 but States may take action after this date to provide tax relief.
Continue Reading ›Most commercial evictions will be prohibited through May 31, 2020 under an executive order issued on April 6, 2020 by Arizona Governor Doug Ducey. Under the order, commercial landlords will be prohibited from locking out tenants, issuing a notice to vacate, or otherwise “attempt[ing] to inhibit the operations of a business.” The prohibition applies if the tenant is suffering financial hardship from the COVID-19 pandemic that prevents it from paying rent and will remain in effect until May 31, 2020.
Continue Reading ›Not surprisingly, the COVID-19 pandemic is having an effect on judicial proceedings in Colorado. The Governor and chief judges have acted to limit court activity in order to mitigate the economic consequences and protect the health of those who work or interact with the court system. Colorado state and federal courts are open and operating, but access is limited.
Continue Reading ›Scott Brown, corporate consumer finance partner, at Lewis Roca Rothgerber Christie LLP, spoke at a recent compliance conference on the Fair Credit Reporting Act ("FCRA").
Continue Reading ›On April 2, 2020 in the late afternoon, the Small Business Administration issued an interim final rule (Docket No. SBA-2020-0015, the “Rules”) for the administration of the Paycheck Protection Program (PPP) created under Section 1102 of the CARES Act.
Continue Reading ›Since March 19, 2020 Governor Ducey has issued Executive Orders to address the growing public health emergency arising from the COVID-19 virus. These orders cover a broad range of topics aimed to address the needs faced by those who live and work in Arizona.
Continue Reading ›The California Consumer Privacy Act (“CCPA”) came into effect on January 1, 2020, significantly altering the data privacy landscape for businesses across the nation. As a result, many businesses have been waiting to finalize their compliance procedures to ensure consistency with those regulations, which are still subject to revision.
Continue Reading ›The impact of COVID-19 on the hospitality industry which includes bars, restaurants and liquor distributors, distilleries, breweries and more cannot be overstated. As losses continue, businesses have been forced to make impossible choices and implement innovative ways to protect their businesses and employees.
Continue Reading ›Lawyers who advise clients in financial distress are searching for answers for their clients. Ultimately, cash flow and fundamentals are critical to business survival, but other tools can help. Is it coincidence that the Small Business Reorganization Act became effective as the nation unknowingly was headed to financial crisis?
Continue Reading ›The USPTO, like many other trademark offices worldwide, has responded to the COVID-19 outbreak by offering extensions of time for certain deadlines related to trademark applications and registrations. A 30-day extension of time is now available.
Continue Reading ›Congress Passes the Coronavirus Aid, Relief, and Economic Security Act
Watch the webinar now to review the details of the new stimulus package that was signed into law Friday, March 27, 2020.
Continue Reading ›Working from home may mean working without convenient access to common office equipment such as printers and scanners. As such, the situation lends itself to taking advantage of the USPTO’s acceptance of electronic “S-signatures” wherein documents can be signed without being printed.
Continue Reading ›By June 30, 2020 apps within the Apple App Store that use HTML 5 must be in full compliance with Sections 4, 5, and 6 of Guideline 4.7 of the Apple App Store Review Guidelines. The first extension of the September 2019 deadline was extended to March 2020 and Apple’s second extension is extended to the end of June 2020. Some online gambling apps have already begun to comply with the guidelines.
Continue Reading ›The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was passed by Congress and signed by the President on March 27, 2020. This stimulus package is more than double the amount provided by the American Recovery and Reinvestment Act that was passed during the Great Recession. The 880-page bill includes substantial aid for both employed and unemployed Americans, the public health system, and employers of all sizes, including nonprofit organizations.
Continue Reading ›The Families First Coronavirus Response Act (FFCRA) was signed by President Trump on March 18, 2020, and it becomes effective on April 1, 2020. The FFCRA contains provisions for emergency paid sick leave and expanded family leave that are available for some employees affected by COVID-19.
Continue Reading ›Governor Polis issued Executive Order #D-2020-012 on Friday March 20, 2020 (the “Order”) in an attempt to discourage evictions and foreclosures for both residential and commercial real estate properties in the wake of the State’s response to the COVID-19 pandemic shuttering many businesses.
Continue Reading ›As many businesses are temporarily shutting down and closing their front doors, companies are forced to reevaluate how they are interacting with customers to ensure the continuation of customer loyalty, connections, and the strength of their brands. Yet, despite this unprecedented time of social distancing, many opportunities still exist for businesses to develop and build those connections.
Continue Reading ›The COVID-19 pandemic has sent shock waves through the business world. This rapidly changing landscape has resulted in many questions among tenants (some of whose businesses are closed) and landlords facing rent losses
Continue Reading ›Unfortunately, cyber criminals see the chaos caused by the COVID-19 pandemic as an opportunity to send phishing emails which seem like they are delivered from the email domains associated with the Centers for Disease Control, the World Health Organization, the National Institutes of Health, state/local agencies, service providers and even company HR departments.
Continue Reading ›In an effort to keep you apprised of the rapid developments surrounding COVID-19, we wanted to share with you further guidance on the Financial Services Sector Essential Critical Infrastructure Workers from the U.S. Department of the Treasury. As always, please let us know how we can help you.
Continue Reading ›In an effort to keep you apprised of the rapid developments surrounding COVID-19, we wanted to share with you further guidance on the Families First Coronavirus Response Act from the U.S. Department of Labor. As always, please let us know how we can help you.
Continue Reading ›While most businesses have reduced operations or shut down entirely during this time of economic turmoil, some businesses are thriving. Supermarkets, pharmacies and online retailers are dominating the headlines but another industry quietly thriving is online video gaming.
Continue Reading ›The outbreak of the respiratory disease (COVID-19) caused by the new coronavirus continues to present many issues for employers. The U.S. Centers for Disease Control and Prevention expects the disease to continue to spread throughout the country for the next several months. Meanwhile, Congress has passed new federal legislation that provides relief for some employees affected by COVID-19.
Continue Reading ›In a world of shuttered casinos, restaurants and bars, many opportunities still exist for operators to develop business and build their brands through games and sweepstakes on the Internet.
Continue Reading ›On March 11, 2020, Governor Ducey declared a state of emergency in Arizona due to COVID-19. Even before this declaration, COVID-19 and the public reaction to it had begun to affect commercial activity.
Continue Reading ›Our legal rapid response attorneys are ready to respond to our clients’ COVID-19 legal inquiries and concerns about how this could impact their business. Our attorneys can address any issues you may have across a variety of areas.
Continue Reading ›The outbreak of respiratory disease (COVID-19) caused by the new coronavirus presents many issues for employers. The Centers for Disease Control and Prevention (CDC) expects the disease to continue to spread throughout the country. Meanwhile, the global spread of the disease, the rise of travel advisories, and the widespread media coverage on these topics are leaving employers worried about the health and safety of their employees and assessing the actions they should take in response.
Continue Reading ›On February 6, 2020, the United States Patent & Trademark Office (“USPTO”) published an Examination Guide announcing new rules scheduled to go into effect on February 15. Among the new rules, is a requirement that any trademark owner (e.g. applicant, registrant, or party to a litigation matter before the Trademark Trial & Appeal Board) provide a valid email address for correspondence, even if there is an appointed U.S. attorney.
Continue Reading ›When a company wants to protect the appearance or configuration of a product, trade dress intellectual property protection most immediately comes to mind. This is sensible. But, other types of protection, copyright and design patents, can each provide their own unique advantages.
Continue Reading ›The United States Patent and Trademark Office (USPTO) now requires all foreign-domiciled trademark applicants and registrants to retain licensed counsel in the United States to prosecute trademark applications, file post-registration maintenance documents, file submissions in Madrid applications, or respond to Trademark Trial and Appeal Board (TTAB) proceedings.
Continue Reading ›Washington state legislators have introduced legislation that would amend the definition of “illegal gambling games” in current laws to exclude most video games which would prevent further litigation against game companies.
Continue Reading ›The Alcohol and Tobacco Tax and Trade Bureau (TTB), the agency which regulates alcohol beverages at the federal level, recently posted several educational videos about the history of the Federal Alcohol Administration Act and an overview of TTB trade practice laws and regulations.
Continue Reading ›Ransomware—malicious software that locks or alters computer data and demands a ransom payment to unlock or restore the data—is not a new phenomenon. Recently, though, ransomware attacks have become increasingly common and increasingly sophisticated, with hackers not only locking but also stealing the data.
Continue Reading ›When seeking to register a federal trademark registration that covers beer, you not only need to search for the same or similar marks that are used with the same goods (beer) but also look for marks that are used with commercially related goods (wine and spirits).
Continue Reading ›All organizations that have tax-exempt status under Internal Revenue Code (the “Code”) Section 501 or 527 are required to annually file an information return with the Internal Revenue Service (“IRS”). Failure to make a filing for three consecutive years results in the automatic revocation of the organization’s exemption. Under recently enacted law, organizations are now required to file information returns and related forms electronically for tax years beginning after July 1, 2019.
Continue Reading ›Wire transfer fraud is rampant. FINRA member firms and their employees must be diligent in the detection of scams and the prevention of client losses. In addition, adherence to the member firm’s wire transfer policies and procedures is important for the avoidance of losses and potential regulatory sanctions.
Continue Reading ›On November 25, 2019, the Congressional Budget Office released an analysis of the potential impacts of a Senate measure that would set concentration standards for per- and polyflouroalkyl substances (PFAS) in drinking water and require drinking water providers to meet new drinking water standards for PFAS.
Continue Reading ›Arizona’s speculative builder’s tax is a hidden real property transfer tax imposed by Arizona cities but is not imposed by the state. The speculative builder’s tax is a sales tax on the sale of “improved real property.” It is triggered for commercial buildings if the property is sold within 24 months of substantial completion.
Continue Reading ›A new adult-themed domain name blocking mechanism has announced a promotional price incentive that expires on December 31, 2019. We recommend considering this option for your most valuable marks.
Continue Reading ›In the last several years, the United States has experienced a surge in the number of sexual assault victims who have publically disclosed their stories. Sexual harassment is prevalent across a broad range of industries, including Hollywood, media, hospitality and healthcare. As such, it has spurred many industries to reexamine their own policies to prevent sexual harassment. The gaming industry is no different.
Continue Reading ›On October 24, 2019, the Nevada Gaming Commission (“NGC”) voted unanimously to adopt amendments to Regulation 4A, which governs lotteries and games of chance that raise money for nonprofit organizations in the state.
Continue Reading ›The United States Patent and Trademark Office’s (USPTO) new rule requiring foreign-domiciled trademark applicants, registrants, or trademark-proceeding parties to be represented by a U.S. attorney (84 FR 31498) took effect on August 3, 2019. The USPTO issued an accompanying initial Examination Guide in early August to help implement the rule. After taking into account responses …
Continue Reading ›The United States Patent and Trademark Office’s (USPTO) new rule requiring foreign-domiciled trademark applicants, registrants, or trademark-proceeding parties to be represented by a U.S. attorney (84 FR 31498) took effect on August 3, 2019. The USPTO issued an accompanying initial Examination Guide in early August to help implement the rule.
Continue Reading ›In Curver v. Home Expressions, decided on September 12, 2019, the Federal Circuit affirmed the dismissal of Curver’s design patent infringement suit against Home Expressions. The Federal Circuit held that “claim language can limit the scope of a design patent where the claim language supplies the only instance of an article of manufacture that appears...
Continue Reading ›The United States, unlike many other countries, requires proof of use before a trademark registration will be granted. Applicants can still file an application before use commences, provided that the applicant has a bona fide intent to use a mark, but the trademark registration still will not issue until acceptable use evidence is submitted. …
Continue Reading ›Per- and polyflouroalkyl substances (collectively known as a class as “PFAS”) have been widely used in industrial and consumer applications for years. PFAS are a class of long-lasting chemicals that have been shown to accumulate in the human body. PFAS have historically been used in non-stick cookware, stain and water-resistant fabrics, and are also...
Continue Reading ›A discussion regarding remote registration for Nevada sports books has been raised recently with sports betting commentators having arguments for both innovation and keeping the status quo. On the one hand, the argument is that given the numerous casinos in Las Vegas, it is not difficult to register for a sports wagering account in-person. The …
Continue reading "Remote Registration for Sports Wagering Accounts in Nevada"
The post Remote Registration for Sports Wagering Accounts in Nevada appeared first on The Commercial Gaming Blog.
Continue Reading ›Entertainment Software Association (ESA)’s Chief Counsel of Tech Policy, Michael Warnecke, announced at a recent Federal Trade Commission workshop examining loot boxes,[1] that the video game industry will require disclosure of the odds of winning in-game items from paid loot boxes. Microsoft, Nintendo, and Sony Interactive Entertainment have agreed to new platform policies with regard …
Continue reading "Video Game Industry Pledges to Disclose Odd of Winning In-Game Items from Loot Boxes"
The post Video Game Industry Pledges to Disclose Odd of Winning In-Game Items from Loot Boxes appeared first on The Commercial Gaming Blog.
Continue Reading ›On Wednesday morning, the Arizona Supreme Court ruled to uphold the death sentence of Alan Matthew Champagne who killed two people and then buried them in his mother’s backyard, only to be discovered 20 months later by a landscaper. In affirming the lower court’s ruling, the Court rejected Champagne’s argument that Arizona’s death penalty violated both the U.S. Constitution and the Arizona Constitution. Champagne also lost on a host of other challenges that the Court assessed and rejected.
Continue Reading ›The Arizona Supreme Court recently ruled that a Phoenix light rail ballot initiative can proceed to the polls in August 2019. According to the Court, the proponents of the ballot initiative did not violate ARS 19-118.01(A) by paying signature gatherers per signature because that prohibition only applies to statewide ballot initiatives, not city initiatives. Nor did the initiative supporters violate ARS 19-102(A) through a misleading 100-word descriptive statement.
Continue Reading ›The impetus for the upcoming August 3, 2019 rule change requiring all foreign-domiciled trademark applicants and registrants to retain licensed counsel in the United States is an increase in foreign trademark applicants acting pro se and who are failing to comply with the rules of the United States Patent and Trademark Office (“USPTO”)....
Continue Reading ›The governor of New Hampshire signed sports betting legislation, HB 480, on July 12, 2019. The new law authorizes sports betting at retail locations and mobile wagering while located within the geographic boundaries of the state. If you would like to discuss this recent legislation, please contact authors Karl Rutledge at krutledge@lrrc.com, Glenn Light at …
Continue reading "New Hampshire Sports Betting Legislation Approved"
The post New Hampshire Sports Betting Legislation Approved appeared first on The Commercial Gaming Blog.
Continue Reading ›By Kyle Kellar and Christopher Underwood Last week, the Federal Circuit, in Forum US v. Flow Valve[i], affirmed the lower court’s ruling invalidating a reissue patent because the broadened claims added in the reissue failed to satisfy the original patent requirement under 35 U.S.C. § 251. As a brief refresher, the original patent requirement requires that …
Continue reading "The Federal Circuit Clampsdown on Broadening Reissues – Or Does It?"
The post The Federal Circuit Clampsdown on Broadening Reissues – Or Does It? appeared first on The Intellectual Property Blog.
Continue Reading ›What exactly is an “immoral” or “scandalous” trademark, and should the government be the arbiter of making such a determination? In the second landmark trademark decision in two years, the Supreme Court invalidated the Lanham Act’s prohibition on registering “immoral” or “scandalous” trademarks. Iancu v. Brunetti, 588 U.S. ___ (2019). The Court’s decision expands the …
Continue Reading ›Southern District of Texas Remands Obama WOTUS Rule The U.S. District Court for the Southern District of Texas decided on May 28, 2019, that the Obama-era Clean Water Rule defining “waters of the United States” (WOTUS Rule), see 80 Fed. Reg. 37,054 (June 29, 2015), must be remanded to the U.S. Environmental Protection Agency.
Continue Reading ›In light of the New Hampshire Lottery Commission Wire Act ruling issued on June 3, 2019, the Deputy Attorney General for the Department of Justice (“DOJ”) issued a new memorandum on June 12, 2019 extending the June 14, 2019 deadline for implementation of the Wire Act reinterpretation. The last extension we reported was issued on …
Continue reading "DOJ Extends Deadline to Enforce Wire Act Reinterpretation, Yet Again"
The post DOJ Extends Deadline to Enforce Wire Act Reinterpretation, Yet Again appeared first on The Commercial Gaming Blog.
Continue Reading ›From a business perspective, many factors must be considered when growing a business to multiple locations, and this will vary based on the product or service being provided.
Continue Reading ›Cybersecurity attorneys Doug DePeppe, Hilary Wells, Bill Nelson and Ed Barkel explore why businesses must start paying attention to their 'Cyber Hygiene' on the latest episode of the Business Leaders Podcast.
Continue Reading ›On June 3, 2019, U.S. District Court Judge Paul Barbadoro issued a 60-page ruling rejecting the 2018 Wire Act Interpretation that stated the Wire Act applied to all forms of gambling rather than only sports betting. As mentioned in our prior blogs, this case was brought in New Hampshire by the New Hampshire Lottery Commission...
Continue Reading ›Language for the “The Protecting Children from Abusive Games Act” was introduced on May 23, 2019 by Senator Josh Hawley (R-Mo.), along with Senators Ed Markey (D-Mass.) and Richard Blumenthal (D-Conn.). This bill purports to ban the exploitation of children through “pay-to-win” and “loot box” monetization practices by the video game industry. The rules would …
Continue reading "Federal Loot Box Legislation Introduced: The Protecting Children from Abusive Games Act"
The post Federal Loot Box Legislation Introduced: The Protecting Children from Abusive Games Act appeared first on The Commercial Gaming Blog.
Continue Reading ›On April 30, 2019, Governor Larry Hogan of Maryland approved House Bill 48 titled “eSports Act.”[1] The eSports Act defines “eSports Competition” as a competition involving video games, including first-person shooters, real-time strategy games, and multiplayer online battle arenas in which: (1) players compete against each other; and (2) the dominant element determining the results...
Continue Reading ›Josh Hawley, a United States Senator from Missouri, recently announced plans to introduce a bill titled “The Protecting Children from Abusive Games Act.” The bill would, in essence, make it illegal for games “played by minors” to include loot boxes or pay-to-win microtransactions. How exactly the bill would achieve this is unclear as there is...
Continue Reading ›New Jersey Attorney General Gurbir S. Grewal filed suit on May 7, 2019 against the U.S. Department of Justice (“DOJ”) for its failure to respond to a Freedom of Information Act (“FOIA”) request filed on February 5, 2019. The request sought documents relating to Sheldon Adelson’s lobbying efforts regarding the recent DOJ interpretation of the …
Continue reading "NJ Attorney General Sues DOJ For Failure To Respond To FOIA Request Regarding The Recent Wire Act Interpretation"
The post NJ Attorney General Sues DOJ For Failure To Respond To FOIA Request Regarding The Recent Wire Act Interpretation appeared first on The Commercial Gaming Blog.
Continue Reading ›Last week the U.S. Department of Justice (DOJ) refused to rule out future prosecution of state lotteries and their employees and vendors under the 1961 Wire Act. “The potential Wire Act liability of state agencies, employees, and vendors involves the evaluation of numerous complicated and important issues, and the department intends to give these issues …
Continue reading "New Hampshire Lottery Commission and NeoPollard Interactive Respond to DOJ’s Refusal to Determine Wire Act Applicability to State Lotteries as Requested by the Court"
The post New Hampshire Lottery Commission and NeoPollard Interactive Respond to DOJ’s Refusal to Determine Wire Act Applicability to State Lotteries as Requested by the Court appeared first on The Commercial Gaming Blog.
Continue Reading ›The Quinault Indian Nation has filed a lawsuit against Valve Corporation in the State of Washington alleging the popular game developer engages in unregulated and unlicensed online gambling. The complaint, filed on April 3, 2019, claims the introduction of the loot box system in CS:GO “was a deliberate attempt . . . to increase its...
Continue Reading ›We are honored to have our Gaming and Licensing practice recognized by Chambers USA 2019, and for Karl Rutledge being recognized in the USA – Nationwide category. We are excited to announce that 25 attorneys and 10 practice areas of our firm, Lewis Roca Rothgerber Christie, have been recognized by Chambers USA 2019, one of the most …
Continue Reading ›On April 10, 2019, President Trump signed an executive order that alters how Section 401 review is performed under the Clean Water Act (“CWA”). Currently, applicants must seek State authorization of a project pursuant to Section 401 of the CWA from the State in which the project is located.
Continue Reading ›The United States Department of Justice (DOJ) continues to leave the gaming industry scratching their heads as it now claims the Office of Legal Counsel’s (OLC) November 2018 Opinion did not address the Wire Act’s applicability to state lotteries and their vendors. This assertion came in a memo from Deputy Attorney General Rod Rosenstein, dated...
Continue Reading ›Intellectual Property attorney Drew Wilson details the difficulties of ongoing IP conflicts between major brands and somewhat underground edibles manufacturers. The article was originally published in the April edition of Los Angeles Lawyer Magazine. Read the full article by clicking here.
The post Cap’n Crunch vs. Kap’n Kronik appeared first on The Intellectual Property Blog.
Continue Reading ›Trademark and IP litigation attorney Michael McCue shares his thoughts on the growth and importance of IP-related legal services in Nevada with Nevada Business Magazine. Read the full article by clicking here.
The post Protecting Your Intellectual Property – Law Practices Booming appeared first on The Intellectual Property Blog.
Continue Reading ›On March 28, 2019, the Arizona Supreme Court filed a decision in the case, City of Surprise v. Arizona Corp. Comm’n, No. CV-18-0137-SA, that addressed the Arizona Corporation Commission’s jurisdiction in cases in which a public service corporation is being condemned by a municipality.
Continue Reading ›On March 14, 2019, the New Mexico legislature passed Senate Joint Resolution 1 that, if approved by voters, would change the New Mexico Constitution to require appointed instead of elected Commissioners to the New Mexico Public Regulation Commission.
Continue Reading ›On November 9, 2018, in Arista Networks, Inc. v. Cisco Systems, Inc., the Federal Circuit held that assignor estoppel does not apply in inter partes review (IPR) proceedings. In this case, a former employee of Cisco Systems, Inc. (“Cisco”), who had assigned his invention as patented (U.S. Patent No. 7,340,597 – “the ‘597 patent”) to Cisco, …
Continue Reading ›In a recent opinion [DSS Technology Management. v. Apple Inc., (Fed. Cir. 3/23/2018)], the Federal Circuit iterated that the Patent Trial and Appeal Board (“the Board”) must provide additional rationale beyond “ordinary creativity” and “common sense” for modifying a single reference for rendering a claim invalid. Reference to the “ordinary creativity” of the ordinary skilled …
Continue Reading ›In a most recent opinion, the Federal Circuit makes it clear that unless it chooses to exercise its waiver rights under 37 CFR 42.5(b), the Patent Trial and Appeal Board (“the Board”), consistent with the PTO guidelines, is obligated to dismiss new arguments and evidence presented for the first time during the oral argument phase …
Continue Reading ›On January 19, 2018, Maryland House Bill 283 was introduced by Republican Delegate Robin Grammer. The bill exempts competitive video games, known as eSports, from the state’s laws banning wagering and gambling. “eSports” is defined as video games such as first-person shooters, real-time strategy games, and multiplayer online battle arenas in which: players compete against...
Continue Reading ›For those unfamiliar, Grumpy Cat is a “viral meme” of a “stern-looking house cat named Tardar Sauce.”1 A former Time Warner cable technician first posted the photo of his sister’s “Grumpy Cat” on Reddit in September 2012.
Continue Reading ›Intellectual property partner, Warren Bleeker, was recently quoted in the San Fernando Valley Business Journal on the valuation associated in a copyright case involving the violation of Microsoft Corp.’s intellectual property rights.
Continue Reading ›The experimental use exception, part of U.S. patent law for nearly two centuries, is becoming obsolete. Recent court decisions and changes under the America Invents Act (AIA)1 have raised doubts about the continued viability of the doctrine. Additionally, other legal provisions that offer protections similar to those of the experimental use doctrine and reduce the need …
Continue Reading ›When one party is found to have infringed the patent rights of another, the often-difficult task of calculating economic damages begins. As one step in this process, the time period during which damages have accrued must be determined. When damages begin to accrue is considered primarily in light of when the infringing party was made …
Continue Reading ›Supreme Court of the United States On November 27, 2017, the U.S. Supreme Court heard oral argument in Oil States Energy Services LLC v. Greene’s Energy Group, LLC, a case examining the constitutionality of inter partes review proceedings before the United States Patent and Trademark Office (“PTO”). Specifically, the case addresses the question “[w]hether inter …
Continue Reading ›By a resounding seven to zero vote, the City Council in Pueblo, Colorado recently passed a resolution to explore if and how the city could extricate itself from its franchise agreement with Black Hills Energy (BHE), clearing the way for the city to pursue creation of a municipal utility.
Continue Reading ›Twitter has been referred to as “the Wild West of the internet—a lawless, godless place designed for sinners and sure to corrupt the pure of heart.”1 While Twitter may not corrupt everyone, it does open new avenues to commit trademark infringement. What Are Hashtags and Hashflags?
Continue Reading ›“There is no blue without yellow and without orange.” — Vincent Van Gogh (June 1888). It is extremely difficult to secure trademark rights to a single color. Success stories are few and far between. Recently, General Mills, maker of Cheerios, sought trademark protection for the color yellow “as the predominant uniform background color on product …
Continue Reading ›“Impossible, simply impossible.” A common and candid response to the question of whether we can go a day without checking our social media. This simple response embodies the world we live in and the power that social media has over our personal lives. Social media is equally important in the corporate world. Companies ranging from …
Continue Reading ›On June 21, 2017, Sen. Christopher Coons (D-Del) introduced legislation that would limit patent validity challenges at the U.S. Patent and Trademark Office (“PTO”), and strengthen patent owners’ rights in court. The bill is named the Support Technology & Research for Our Nation’s Growth and Economic Resilience Act, or the “STRONGER Patents Act of 2017,” …
Continue Reading ›Oil States Energy Services LLC v. Greene’s Energy Group, LLC 639 F.App’x 639 (Fed. Cir. 2016), cert. granted (June 12, 2017) (No. 16-712) Supreme Court of the United States The Supreme Court has granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group, LLC to examine the constitutionality of inter partes review proceedings …
Continue Reading ›The Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), codified in 42 U.S.C. § 262, ushered in a new wave of patent litigation for large molecules, and a bounty of questions regarding the application and interpretation of the statue. In Sandoz v. Amgen, –U.S.–, June 12, 2017, The Supreme Court weighed in for the …
Continue Reading ›Under the longstanding doctrine of patent exhaustion, a patentee’s rights are “exhausted” once an authorized sale has occurred. For many years, however, some courts have recognized exceptions to the doctrine, such as when the parties agree to various post-sale restrictions in an arms-length transaction, or where the patented item was first sold outside of the […]
Continue Reading ›In a significant and long-waited ruling governing patent litigation, the Supreme Court today in TC Heartland v. Kraft Foods reversed long-standing lower court precedent that enabled patent owners, with relatively few restrictions, to sue corporate defendants in jurisdictions in which alleged infringement occurred. Many corporations market and sell products directly or indirectly throughout the United […]
Continue Reading ›A noted designer and illustrator who worked on “Star Trek: The Next Generation,” has filed a lawsuit over the destruction of his Los Angeles “Six Heads” mural, alleging violation of the Visual Artists Rights Act (VARA) and the California Art Preservation Act. The case is Thrasher v. Siegel et al., case number 2:17-cv-03047, in the […]
Continue Reading ›In Arizona, like in Washington, a debate is unfolding about how courts should determine “questions of law”, and whether an agency’s construction of statutes is entitled to deference by the courts. Some refer to this deference as Chevron Deference, stemming from a 1984 U.S. Supreme Court decision. The recent confirmation proceedings of Justice Neil Gorsuch triggered a spirited debate among policy makers and opinion writers about whether an agency’s reading of its statutes should be given any weight […]
The post Chevron Deference in Arizona? appeared first on Lewis Roca Rothgerber Christie - Energy Blog.
Continue Reading ›The Colorado Department of Regulatory Agencies recently published a notice regarding proposed changes to the Colorado Securities Act (the “Proposal”). This Proposal seeks to add two new rules to the Securities Act (Rule 51-4.8 and 51-4.14), each of which impose various cybersecurity requirements on broker-dealers and investment advisers, respectively. A redline showing the proposed amendments can be […]
Continue Reading ›The Internet of Things (or “IoT”) is a hot topic in privacy circles, given its rapid expansion among everyday consumer products. Broadly referring to Internet-connected-devices, the IoT encompasses a variety of consumer goods, such as kitchen appliances (smart ovens and refrigerators), home security, window blinds, light bulbs, and lawn care equipment. Many personal devices are […]
Continue Reading ›As illustrated by a recent Federal Circuit Decision, the Courts may already be following the recent recommendations of the American Bar Association Section of Intellectual Property Law (ABA), and the Intellectual Property Owner’s Association (IPO). A portion of the ABA March 25, 2017 recommendation states that with regard to Section 101, patent eligibility shall not […]
Continue Reading ›In Wasica Finance GmbH v. Continental Automotive Systems, Inc., No. 15-2078 (Fed. Cir. 2017), the patentee Wasica Finance discovered, among other things, the importance of using consistent terminology in the patent specification and claims. The patent-in-suit, now expired U.S. Patent No. 5,602,524, is directed to a system for monitoring tire pressure in vehicles. […]
Continue Reading ›Incorporating user-generated content (e.g., video and photo contests) into a promotion can be an effective way to not only build brand awareness but also develop ties with potential customers. However, use of user-generated content can be risky. In particular, requiring participants to post photos or videos and share such content could not only potentially tarnish […]
Continue Reading ›On March 22, 2017, the United States Supreme Court issued a much-anticipated opinion in Star Athletica, LLC v. Varsity Brands, Inc. At issue was whether the surface decorations on cheerleading uniforms are copyright eligible, even though the shape of the uniforms are useful articles, and not copyright eligible.
Continue Reading ›On March 22, 2017, the United States Supreme Court issued its decision in the case of Star v. Varsity. 580 U.S.___(2017). The opinion concerned the copyrightability of two-dimensional designs, consisting of various lines and chevrons and colorful shapes, appearing on the surface of cheerleader uniforms. Justice Thomas, delivering the majority opinion of the Court, opined […]
Continue Reading ›The Federal Trade Commission (FTC) is the government agency primarily responsible for imposing penalties on companies that fail to protect consumer data. It does so under Section 5 of the Federal Trade Commission Act, which prohibits “unfair and deceptive acts or practices in or affecting commerce.” This case began in 2008, when someone found a […]
Continue Reading ›Fashion designers could be left defenseless against copycats if the US Supreme Court rules that certain features are not protected under the Copyright Act. The Supreme Court will soon hear oral argument in Varsity Brands, Inc. v. Star Athletica, LLC.
Continue Reading ›California recently enacted a bill prohibiting concessionaires from claiming trademark rights in a mark that “incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources.” The full text of the California Heritage Protection Act, AB 2249, can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2249. The bill, which goes into effect January […]
Continue Reading ›As data breaches increase in profile and frequency, lawmakers are struggling to protect their citizens from cybercrime. Within the past year, at least four states have beefed up their data security statutes to provide greater consumer protection. According to a May 2016 summary by the National Conference of State Legislatures, more than 25 states in 2016 […]
Continue Reading ›According to a recent Federal Trade Commission (“FTC”) blog post, consumers should think twice before connecting their cell phones to a rental car. The FTC warns that the vehicle could record all kinds of data, including your personal contacts, location, web browsing, and even your text messages. This blog post written by an FTC staff attorney […]
Continue Reading ›In January a judge in the Northern District of California dismissed a complaint which asked that a monkey named Naruto be the owner of a copyright in a photograph. The order of dismissal can be downloaded here. The court held that there was no standing under the Copyright Act since a monkey is not an “author,” […]
Continue Reading ›Part I – What’s in a Name? What do you do when, after growing as a craft brewery for 11 years, you file for a trademark to protect your name… and get denied? That’s exactly what happened to [LAST NAME] Brewing (formerly Dale Bros. Brewery). Brothers Curt and Andy Dale started [LAST NAME] Brewing in […]
Continue Reading ›Applicant applied to register SNOW BY REPUBLIC for clothing. The TTAB approved the registration this mark despite the existence of the following trademark registration for similar clothing items: SNÖ In reaching its decision, the TTAB discusses two interesting tenets of trademark law. FIRST. A “crowded” field is often used to describe a situation where a […]
Continue Reading ›We are at the beginning of a new era of media consumption. Traditional content delivery systems such as satellite and cable television are hemorrhaging customers to a wave of “cord cutting” that has been facilitated by the availability of streaming services such as Hulu Plus, Netflix and HBO Go.[1] Now that smart televisions are becoming […]
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