May, 2019

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USDA Accepting Applications of Seed-Propagated Hemp for Plant Variety Protection

Greenspoon Marder LLP

By: Nabil Rodriguez, J.D. & Justin McNaughton, Esq. On April 24, 2019, the U.S. Department of Agriculture (“USDA”) announced that the Plant Variety Protection Office (“PVPO”) would start accepting applications for protecting hemp varieties. The PVPO program provides a form of intellectual property protection to breeders of new varieties; it grants certificates of exclusivity that last 20 years (25 years for trees and vines).

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Face Facts: A Lien Valid On Its Face Will Not Quickly Be Dismissed

GDB Firm Blog

A recent case reiterates the rule that a lien which appears valid on its face will not be summarily discharged by a court until a full trial has been had to resolve disputed facts.

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Key Differences Between a Cooperative and a Condominium

GDB Firm Blog

There are several material differences between residential buildings that are created as a Cooperative or as a Condominium. Those material differences are important to understand.

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Rules For Accepting Pre-Paid Rent Or Maintenance - Such Funds MUST Be Segregated!

GDB Firm Blog

In all situations, whether the landlord owns one or 1,000 apartments, New York's General Obligations Law requires that security deposits and pre-paid rent be deposited into a segregated account and cannot be deposited into an account which also contains funds from any other source.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Don't Get Caught In the Part 504 Trap - Like Deutsche Bank

GDB Firm Blog

You remember Department of Financial Services Part 504? When proposed, it threatened criminal prosecution for Transaction Monitoring Program (TMP) violations. We (I drafted the comment letter for the Banking Law Committee of the NYS Bar Association) convinced DFS to remove that threat, but the rule retained teeth that may have bitten Deutsche Bank. The New York Times reports that a senior officer of the bank countermanded a decision to file a SAR on the President's son-in-law.

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Greenspoon Marder Intellectual Property Blog: GOTrademarks?

Greenspoon Marder LLP

Sadly, the HBO hit series Game of Thrones is over, but HBO’s rights to its various trademarks generated in connection with the series will continue on and we can expect HBO to protect their rights aggressively. In fact, HBO has applied for more than 100 GOT-related trademarks in the United States Patent and Trademark Office (USPTO). From the legal perspective, […] The post Greenspoon Marder Intellectual Property Blog: GOTrademarks?

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Promissory Estoppel and the Contract from Hell

GDB Firm Blog

When a subcontractor gives a price to a contractor, which then relies on that quote in submitting its bid to the owner, the subcontractor can be locked in and bound to perform the work at that quoted price. But perhaps not always.

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Greenspoon Marder Intellectual Property Blog: Update to UGG! Generic or Not?

Greenspoon Marder LLP

By Sharon Urias, Esq. As discussed here, in September 2018, an Illinois federal court judge ruled that UGG is not a generic term for sheepskin boots and that the United States owner of the popular UGG brand, Deckers Outdoor Corporation, was permitted to pursue its claims for trademark and design patent infringement against an Australian company, Australian Leather Ltd.

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Don't Accidentally Lose the Attorney/Client Privilege

GDB Firm Blog

The attorney/client privilege protects many confidential communications between attorney and client. Let me focus on one very important principle - the communication must be "confidential." If you send an email to your attorney asking for legal advice and you copy your advertising agency because you want them to know what's going on, you have lost the privilege, at least as to that communication.

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How Much Is Too Much? When a Late Fee Becomes Unreasonable

GDB Firm Blog

Landlords may not impose a late fee for past due rent unless the lease or rental agreement provides for it. Once fines or late fees are properly authorized, there are limits on the amount of such charges.

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Cannabis Trademarks – The USPTO Issues New Guidance

Greenspoon Marder LLP

By Justin McNaughton, Senior Counsel The U.S. Patent and Trademark Office (“USPTO”) continues to wrangle with cannabis trademarks. On May 2, 2019, it issued new guidance for examiners on how to handle them. Arguably, the USPTO’s new guidance is the most complicated guidance ever issued from that office for a particular product category. The complete guidance is posted on the […] The post Cannabis Trademarks – The USPTO Issues New Guidance appeared first on Greenspoon Marder LLP.

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Be Careful With Charitable Pledges As Collateral

GDB Firm Blog

It's a great charitable organization, you're going to get CRA credit, and you want to convince the wealthy directors to becomes customers of your bank, so you entertain a loan application from a well-known local charity. It rents its space so there is no real estate collateral and there is no owner to guaranty the loan. BUT it has pledges from donors as a result of its annual giving campaign.

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