Prior to a recent statutory change, Section 110 of the Utah Adoption Act provided a practitioner with all of the notice requirements in relation to an unwed biological father (or putative father) of a newborn child being placed for adoption. Under section 110, a putative father was entitled to notice of adoption proceedings only if he had, prior to the
Let’s talk about confidentiality, in the context of filings made by applicants at the United States Patent and Trademark Office (USPTO). When are such filings publicly available? What can be learned from such filings? Why should you and your clients care? Patents All original U.S. patent filings are confidential, at least for a while. Design patent applications – No information
Copyright law can be a labyrinth, an infringement minotaur waiting to jump on the unwary. Your head may spin when trying to determine infringement, non-infringement and fair use. Fair use, or the limited unauthorized reproduction of copyright material, is a legal doctrine codified in The Copyright Act of 1976. 17 U.S.C. § 107 states, “[T]he fair use of a copyrighted
In today’s world, businesses and their owners need to be prepared for legal threats from various sources. For example, competitors may engage in various conduct to obtain an unfair business advantage. Former employees may attempt to compete directly with their former employer in violation of restrictive covenants. Business owners may have partners that cause more harm than good to the
There are many types of false and misleading advertising tactics. For example, bait and switch advertising, high pressure sales tactics, artificially inflating prices, deceptive form contracts, and the failure to disclose certain facts. Our focus in this article is how to deal with the situation where your client, a business owner, comes to you and says, “My competitor has published
Lawsuit claims Florida might be breaking the law by refusing to acknowledge married same-sex couples as parents on birth certificates When the U.S. Supreme Court ruled in Obergefell v. Hodges that the Constitution required that same-sex couples be allowed to marry no matter where they live, it also required all states to extend the identical benefits and obligations opposite-sex spouses
An appeal is an opportunity for the appellate court to review an order or judgment of a lower tribunal and correct reversible errors. “But an appellate court will not consider an issue unless it was presented to the lower court. Furthermore, in order for an argument to be cognizable on appeal, it must be the specific contention asserted as legal
There is a little-known tool hidden in the bowels of the Rules of Judicial Administration that may be used to challenge administrative orders issued by circuit court chief judges. This rule allows nearly a direct path to the Florida Supreme Court for review of administrative orders to ensure that changes to court rules and procedures are given the proper level
By now, everyone has heard about the arrests following the fighting and shootout at a Waco, Texas restaurant. Before any cases get filed, any plea agreements are reached, or any trials set, there was a critical stage in the due process of each defendant that has attracted a great deal of controversy and outcry in the legal community. When a
As nations around the world struggle transitioning to democracy, we may overlook that after more than two centuries we in the United States still grapple with our democratic system. Election law exists at the heart of our system of governance. If, as Justice Brandeis suggested, states are the laboratories of democracy, Arizona is conducting experiments in election law that are
Prior to a recent statutory change, Section 110 of the Utah Adoption Act provided a practitioner with all of the notice requirements in relation to an unwed biological father (or putative father) of a newborn child being placed for adoption. Under section 110, a putative father was entitled to notice of adoption proceedings only if he had, prior to the
Let’s talk about confidentiality, in the context of filings made by applicants at the United States Patent and Trademark Office (USPTO). When are such filings publicly available? What can be learned from such filings? Why should you and your clients care? Patents All original U.S. patent filings are confidential, at least for a while. Design patent applications – No information
Copyright law can be a labyrinth, an infringement minotaur waiting to jump on the unwary. Your head may spin when trying to determine infringement, non-infringement and fair use. Fair use, or the limited unauthorized reproduction of copyright material, is a legal doctrine codified in The Copyright Act of 1976. 17 U.S.C. § 107 states, “[T]he fair use of a copyrighted
In today’s world, businesses and their owners need to be prepared for legal threats from various sources. For example, competitors may engage in various conduct to obtain an unfair business advantage. Former employees may attempt to compete directly with their former employer in violation of restrictive covenants. Business owners may have partners that cause more harm than good to the
There are many types of false and misleading advertising tactics. For example, bait and switch advertising, high pressure sales tactics, artificially inflating prices, deceptive form contracts, and the failure to disclose certain facts. Our focus in this article is how to deal with the situation where your client, a business owner, comes to you and says, “My competitor has published
Lawsuit claims Florida might be breaking the law by refusing to acknowledge married same-sex couples as parents on birth certificates When the U.S. Supreme Court ruled in Obergefell v. Hodges that the Constitution required that same-sex couples be allowed to marry no matter where they live, it also required all states to extend the identical benefits and obligations opposite-sex spouses
An appeal is an opportunity for the appellate court to review an order or judgment of a lower tribunal and correct reversible errors. “But an appellate court will not consider an issue unless it was presented to the lower court. Furthermore, in order for an argument to be cognizable on appeal, it must be the specific contention asserted as legal
There is a little-known tool hidden in the bowels of the Rules of Judicial Administration that may be used to challenge administrative orders issued by circuit court chief judges. This rule allows nearly a direct path to the Florida Supreme Court for review of administrative orders to ensure that changes to court rules and procedures are given the proper level
By now, everyone has heard about the arrests following the fighting and shootout at a Waco, Texas restaurant. Before any cases get filed, any plea agreements are reached, or any trials set, there was a critical stage in the due process of each defendant that has attracted a great deal of controversy and outcry in the legal community. When a
As nations around the world struggle transitioning to democracy, we may overlook that after more than two centuries we in the United States still grapple with our democratic system. Election law exists at the heart of our system of governance. If, as Justice Brandeis suggested, states are the laboratories of democracy, Arizona is conducting experiments in election law that are
