Jaburg Wilk

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  • Generic.Nope: Supreme Court Deems BOOKING.COM a Distinctive, Registrable Mark

    Generic.Nope: Supreme Court Deems BOOKING.COM a Distinctive, Registrable Mark

    The U.S. Supreme Court has ruled that Booking.com B.V., the owner of the hotel-reservation website of the same name, is entitled to register the mark BOOKING.COM with the United States Patent and Trademark Office (“USPTO”). In doing so, the Court rejected the USPTO’s nearly per se rule that adding “.com” to a generic term can never create a distinctive and registrable mark. The Court … Read More

    Categories: Intellectual Property, Article

  • Discrimination on the Basis of Sexual Orientation or Transgender Status is Illegal: Six Actions Employers Should Take Now

    Discrimination on the Basis of Sexual Orientation or Transgender Status is Illegal: Six Actions Employers Should Take Now

    The Supreme Court’s landmark decision in Bostock v. Clayton held an employer who terminates an employee for being gay or transgender violates Title VII of the Civil Rights Act. This decision expands employee protections under Title VII.

    The Court’s Decision

    Since its passage, Title VII has prohibited discrimination on the basis of race, color, religion, sex, or national origin. In the 172-page … Read More

    Categories: Employment, Article

  • Tips for Employers Who Hear “I’m Afraid to Return to Work”

    Tips for Employers Who Hear “I’m Afraid to Return to Work”

    As more employers are calling their remote workforces back to the workplace, it is likely they will run into employees who refuse to return to the office and wish to continue teleworking. Employers need to carefully evaluate the requests and follow these tips.

    Understand Why Certain Employees Cannot or Do Not Wish to Return to Work

    Naturally, certain workers may not be able to return to work, and may, or may not, … Read More

    Categories: Employment, Article

  • COVID-19 Protocols for Arizona Contractors Will Vary Based on the Construction and Environment Involved

    COVID-19 Protocols for Arizona Contractors Will Vary Based on the Construction and Environment Involved

    Due to recent and significantly increased spread of COVID-19, additional COVID-19 protocol guidance will be coming for Arizona contractors. For the time being, the best practices for Arizona contractors include following the most up-to-date OSHA COVID-19 guidelines for the construction industry and adhering to the “Requirements for Businesses” (issued with the Arizona Governor’s executive order … Read More

    Categories: Construction, Article

  • Threatening Employees on Social Media is No LOL Matter

    Threatening Employees on Social Media is No LOL Matter

    Sometimes jokes fall flat. Sometimes they can get employers in trouble with the National Labor Relations Board (the “NLRB”). A recent case is a cautionary tale.

    What Happened?

    In responding to a story about workers for another company staging a walkout, Ben Domenech, an executive officer of FDRLST Media, tweeted the following from his personal Twitter account: “FYI: @fdrlst first one of you … Read More

    Categories: Employment, Article

  • PPP Loan Forgiveness and Employees Refusing to Return to Work

    PPP Loan Forgiveness and Employees Refusing to Return to Work

    More employers are hearing “But, I can make more money on unemployment,” from formerly laid off employees when extending offers to return to the workplace. These words are surprising employers as they were expecting that employees would be pleased to return to work. And they are especially concerning for employers who received loan proceeds pursuant to the Paycheck Protection Program (“PPP”) … Read More

    Categories: Employment, Article

  • Your Guide to Essential Estate Planning Documents

    Your Guide to Essential Estate Planning Documents

    If you’re like most people, there is a laundry list of things you’d rather do than think about your estate plan. While it can be a challenging area to discuss, your estate plan is essential to ensure you and your family are protected and cared for, and that your assets are distributed as you wish at your death. While estate planning is not one-size-fits-all, it will be helpful to familiarize yourself … Read More

    Categories: Estate Planning, Article

  • What Happens to the Other Tenants when the Anchor Tenant Leaves the Mall?

    What Happens to the Other Tenants when the Anchor Tenant Leaves the Mall?

    When a commercial tenant leases space in a shopping center or mall, a primary consideration for the tenant is the expected benefit to their business of the foot traffic from the customers that will be attracted to the other businesses being operated by their neighboring tenants. This is particularly true when the neighboring tenant is the “anchor,” or one of the “anchors” in the center, who … Read More

    Categories: Real Estate, Article

  • President Trump’s Immigration Order – What does it Mean?

    President Trump’s Immigration Order – What does it Mean?

    President Trump issued a proclamation mandating a 60-day suspension on the issuance of immigrant visas for certain categories of family and employment-sponsored immigrants and diversity lottery winners. Employers should know the proclamation is rather limited, at least for now.

    Can He Do This?

    I get this question quite a bit, so it is worth discussing. Section 212(f) of the 1952 Immigration and Nationality Act, … Read More

    Categories: Employment, Article

  • Tax Relief to Help Weather the Storm of COVID-19

    Tax Relief to Help Weather the Storm of COVID-19

    As the COVID-19 pandemic has wreaked havoc on our personal, financial and business lives, the government has responded with legislative and administrative relief.1  This is a high-level summary of some of the enacted measures and the tax benefits, relief and other options available to individuals and businesses.2

    1. Individuals Receiving Cash.

    These funds are a rebate against a refundable tax credit … Read More

    Categories: Tax, Article