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Kennedy Law Blog
Breach of fiduciary duties
Check out Steve Kennedy's latest video blog discussing breach of fiduciary duty. He also provides...
It’s Always Been a Matter of Trust
My father had an 8th grade education. He had to quit school when his dad, my...
Supreme Court Issues Opinion in Kirtsaeng II
This morning, the United States Supreme Court announced its decision in Kirtsaeng v. John Wiley & Sons, No. 15-375. We’ve previously covered the briefing in this case here on the blog. In a unanimous opinion authored by Justice Kagan, the Court held that district...
The Fair Use Doctrine in Copyright Law
Fair use may be used as an affirmative defense against a claim of copyright infringement. Fair use allows usage of a limited amount of copyrighted material without permission from the owner of the work. Examples of fair use may include excerpts from a work for...
Supreme Court Restores Preponderance Standard for Enhanced Damages in Patent Infringement
The Supreme Court has cleared the way for larger enhanced damages awards in patent infringement cases. In a unanimous decision released today, the Court found that the Federal Circuit’s test for determining whether to award enhanced damages is inconsistent with § 284...
The New Overtime Rules of the Fair Labor Standards Act: The Use of Non-Discretionary Bonuses – Part Two
1. New 2016 White Collar Overtime Rule The Fair Labor Standards Act (“FLSA” or the “Act”) mandates that all employees not “exempt” from overtime pay be paid overtime for all hours “actually worked” in excess of 40 hours in any single workweek at a rate of 1 ½...
Jury Finds Google’s Use of Oracle’s Java Software is Fair Use
A ten person jury deliberating in the United States District Court in San Francisco has sided with Google in its six year copyright battle against Oracle Corp. Oracle sued Google for copyright infringement of its Java application program interfaces (“APIs”). Google...
THE NEW OVERTIME RULES OF THE FAIR LABOR STANDARDS ACT: How Will New Changes Affect Your Business – Part One
This is the first in a ten-part series designed to help employers avoid mistakes that may result in regulatory problems under the federal Fair Labor Standards Act. A. Overview of the 2016 Revisions: On May 18, 2016, the Department of Labor (“DOL”) announced...
Louboutin Loses in Sweden
A Swedish court has denied famed French shoe designer Christian Louboutin’s bid to register as a protected brand in Sweden. The court found that instead of being recognized as a protected brand, the red soles of Louboutin’s shoes were a mere decorative feature of the...
Venue Transfers in Bankruptcy Court
A defendant sued in federal court believing venue should be in a different district or division has a remedy: Move to transfer venue under title 28 section 1404. Section 1404(a) provides: "For the convenience of parties and witnesses, in the interest of justice, a...
Record Keeping 101 for Employers
Basic Wage Record Obligations Under the Fair Labor Standards Act (“FLSA”), it is the employer’s duty to create and retain accurate records of hours worked each workday and each workweek for all employees who are not exempt from federal overtime requirements. This...