Posts tagged law

Navigating the Trademark Fair Use Defense
You’re hit with an accusation of trademark infringement. How do you retaliate? Intellectual property attorney Olivera Medenica sheds light on the “Fair Use” defense, and its two chief sub-types: “the classic defense” and “the nominative defense.” She goes on to explain the prongs that must be met to satisfy both defenses. She rounds out her discussion by examining the recent case Car Fresheners vs. Getty Images, which made clear the degree to which the Fair Use Defense is an inexact science. Taken from the Lawline.com course “Common Litigation and Prosecution Trademark Pitfalls in 2011-2012.”

This video does not necessarily represent the views, opinions, or expressions of the New York City Department of Small Business Services.

Meeting the Five Grounds for Asylum

Difficult though it may be, practitioners working with asylum-seeking clients must face the reality that the danger of facing poverty, brutality, and even injury back home are not themselves grounds for relief under asylum. Attorney Jack Herzig explains the five grounds that have to be met in order for a client to qualify for asylum, and identifies other conditions that cannot grant asylum on their own. Taken from the Lawline.com course: “Seeking Refuge: How to Prepare Your First Asylum Case.”

This video does not necessarily represent the views, opinions, or expressions of the New York City Department of Small Business Services.

Plea-Bargaining: Preempting the Dreaded Second Thoughts

Plea bargaining is one of the riskiest hot-spots in criminal law, insofar as clients frequently - and with messy consequences for their counsel - have second-thoughts about the sentences to which they agree. Renowned attorney Herald Price Fahringer, who has argued and briefed 15 cases in the United States Supreme Court, offers an excellent tip for how to avoid this situation, with an emphasis on simplicity and communication. Taken from the Lawline.com course “50th Anniversary Tribute to Gideon v. Wainwright: The Right to the Effective Assistance of Counsel.”

This video does not necessarily represent the views, opinions, or expressions of the New York City Department of Small Business Services.

Building a Dynamic Team for Your Practice: How to Unearth Champions

It is critical for any attorney building his or her practice to excel at building a dynamic team of employees. Acclaimed speaker and entrepreneur Brad Szollose tells a highly compelling story of his former employee. When said employee’s reassignment from what seemed an obvious job role to a much more unexpected one occurred, a transformation from from a struggling professional to “a champion” emerged. Mr. Szollose reveals this interesting process and how he approached the employee to find the role at which she excelled! Taken from the Lawline.comcourse “Your Legacy: 5 Steps for Developing Professionals for the Next Generation.”

Social Media Emergencies: The Crisis Management Team
The increasingly pervasive presence of social media has increased the likelihood of a company’s internal crises situations going public. Within a broader conversation of how best to handle these emergencies, Kade Dworkin, Chief Crisis Officer for Red Alert Social Media, and attorney/moderator Sigalle Barness discuss who, precisely, should be involved in the crisis management process. Taken from the Lawline.com course “Keep Calm & Carry On: Social Media Crisis Management.”

This video does not necessarily represent the views, opinions, or expressions of the New York City Department of Small Business Services.

Differing Site Conditions in Construction Law: Things that Go Bump in the Night

Attorney Barry Bramble discusses with authority the differing site conditions within the context of construction law. Differing site conditions refer to situations wherein contractors encounter situations in the field that are materially different from what the owner specified in the contract. Viewers will enjoy Mr. Brambles discussion of some of the more outrageous factors that have accosted contractors, including the unexpected discovery of prehistoric ruins. Taken from the Lawline.com course “Minimizing Risks in Guaranteed Maximum Price Contracting.”

This video does not necessarily represent the views, opinions, or expressions of the New York City Department of Small Business Services.

Pre-Termination: Staying Ahead of the Game

Employment law attorney and prolific author Steven Sack specializes in the enforcement of workplace rights of employees, executives and sales representatives. In this segment, he discusses how attorneys should advise clients who have not yet been terminated and the key discussion points that attorneys should anticipate. Mr. Sack also dispels two popular notions: that a distinction exists between a firing and a layoff and that firings are commonly illegal. Taken from the Lawline.com course “Representing Terminated Executives & Employees in Negotiations.” 

This video does not necessarily represent the views, opinions, or expressions of the New York City Department of Small Business Services.

Campaign Finance: Participation, Regulation, and The First Amendment 

Attorney and election-law guru Jisha Dymond discusses political participation by corporate officers and employees in the context of campaign finance. Such participation is in fact directly protected by the First Amendment, but limits on activity nevertheless exist. Dymond explains in detail the less intuitive “do’s” and “don’ts” within this umbrella. Taken from the Lawline.com course “Election Year Issues: Insights for General Counsel.”

This video does not necessarily represent the views, opinions, or expressions of the New York City Department of Small Business Services.

Cell Phone Records: The Battle for Access

Attorney Ketan Soni identifies the key considerations inherent in the use of text message records as evidence. He also discusses the challenges that arise in subpoenaing such records from cell phone companies. Taken from the Lawline.com course “Social Media as Evidence: Challenges & Considerations.” 

This video does not necessarily represent the views, opinions, or expressions of the New York City Department of Small Business Services.