2024

Here’s What Happened: Patents are new, useful and nonobvious. New means there’s no prior art. Prior art is any evidence that an invention or idea was already known when the inventor applied for a patent. Which brings us to a case decided by the Patent Trial and Appeal Board (“PTAB”). Petitioner, Next Step Group, Inc., […]

Here’s What Happened: The Libertarian National Committee (LNC) owns the trademark LIBERTARIAN PARTY. The LNC licenses the use of the mark to recognized state affiliates, like the Libertarian Party of Michigan. In 2022, the leadership of the Libertarian Party of Michigan were in a leadership battle. Some of the officers didn’t like other officers who […]

Employers pay severance benefits to terminated employees in a variety of different arrangements. Such benefits can be based on informal company practice, commitments in employment contracts, or benefits provided through a formal policy or written plan. Some of these arrangements are not “plans” for purposes of ERISA, the federal pension law. For example, a payroll […]

Here’s What Happened: For those who haven’t been keeping up with recent Congressional news, George Santos is a public figure and former member of the United States House of Representatives. In May 2023, Santos was indicted on numerous federal felonies, including wire fraud in connection with a political campaign, money laundering and theft of public […]

Here’s What Happened: Pegasystems, Inc. provides enterprise software. Appian Corp. also provides enterprise software. Both companies provide software platforms that enable businesses to generate programs and automate internal business processes. Appian accused Pegasystems of hiring a “spy” to access Appian’s software systems and determine the strength and weaknesses of Appian’s software. Pegasystems paid the consultant […]

Here’s What Happened: The States of Florida and Texas passed laws that limited a private internet platform’s ability to engage in content moderation. Content moderation included disfavoring or removing posts containing what the platform considered unacceptable content. This included posts advocating terrorism, glorifying gender-based violence, encouraging suicide or self-injury, etc. The intent behind these laws […]

Here’s What Happened: Tracy Anderson developed the “Tracy Anderson Method” that combines dance, fitness and cardiovascular movement for her fitness studios. Tracy employed Megan Roup as an instructor for seven years. Megan signed an employment agreement which included a confidentiality clause that covered the Tracy Anderson Method manuals and other business information. Megan left and […]

Here’s What Happened: Brothers Richard and Kevin Gates and Chao Chen founded Elmagin Capital LLC. The core business was to develop trading strategies for wholesale electricity markets. Chao decided to leave the company and the Gates brothers bought him out. In exchange, Chao signed a Non-Disclosure and Non-Competition Agreement (NDA). Chao agreed not to work […]

Incentive compensation arrangements include an array of employee benefits such as deferred compensation plans, long term incentive plans (“LTIPs”), phantom equity plans, equity option plans, bonus plans and the like. These arrangements are intended to provide compensation incentives and to encourage continued employment. Many employers maintain one or more of these arrangements in order to attract and retain their valued […]