As an update of my report from last month on the circuit split on the issue of the recovery of the United States Patent and Trademark Office’s attorneys’ fees in connection with district court review of denials of trademark and patent applications, the PTO Director filed a petition for certiorari...
Trademark and patent applicants and practitioners have grown used to (and weary of) ever-increasing Patent and Trademark Office [PTO] fees, particularly since Congress mandated that the PTO’s operations be self-funded. But, even the most cynical PTO practitioner might be surprised at the ingenuity of the PTO Director’s latest revenue generating...
RPJ congratulates Litigation, Employment and Intellecutal Propery Partner Larry Brocchini on his selection as a 2018 New York Metro Super Lawyer, specifically in the area of Appellate Practice and Advocacy. The Super Lawyers distinction is given to only 5% of attorneys in the New York Metro area. In October, Mr....
AltaClaro features RPJ Partner Larry Brocchini in its latest Expert Insights series discussing standards of enforceability of non-competes and restrictive covenants in employment agreements and how social media and other internet technologies are changing those standards. In the final installment of this 3-part video series, Mr. Brocchini discusses the specifics of how courts identify and...
AltaClaro features RPJ Partner Larry Brocchini in its latest Expert Insights series discussing standards of enforceability of non-competes and restrictive covenants in employment agreements and how social media and other internet technologies are changing those standards. In Part 2 of the 3-part video series, Mr. Brocchini suggests to tailor the scope of...
In an important employment and labor law decision, the U.S. Supreme Court ruled today that employment agreements waiving class action claims and requiring employees to arbitrate claims on an individual basis are enforceable. Justice Gorsuch, joined by Chief Justice Roberts and Justices Kennedy, Thomas and Alito, wrote for the majority...
The Second Circuit issued a decision on March 16, 2018, that will make recovery of punitive damages by people suing for discrimination under the New York City Human Rights Law (NYCHRL) easier than under Title VII of the federal Civil Rights Law. The decision, Chauca v. Abraham, involved an appeal...
In an important employment discrimination case, the en banc Second Circuit held that “sexual orientation discrimination constitutes a form of discrimination ‘because of…sex,’ in violation of Title VII.” This decision overturns prior Second Circuit precedent and now allows claimants to assert sexual discrimination claims based on sexual orientation under federal...
Copyright Alert: Supreme Court may clarify copyright “Registration/Application” split A question often presented in my copyright practice is whether an infringement claim can be brought after a copyright applicant has filed its application, made its deposit and paid its fees, or whether the PTO must issue a registration. The answer...
The United States Department of Labor rescinded its 2010 guidance for assessing whether persons qualify as interns rather than employees under the federal Fair Labor Standards Act. Instead, the DOL aligned itself with the so-called “primary beneficiary” standard announced by the Second Circuit in its 2015 Glatt v. Fox Searchlight...