News & Resources

Yearly Archives from 2018

WHOIS Using Your Website Content in Bad Faith? It’s Now Harder to Find Out

Crystal Broughan is grateful that E. Paul Cuffe, a summer law clerk at Marks Gray, P.A., co-authored this article.  You may have heard of the European Union General Data Protection Regulation (GDPR), and for good reason. The regulation, effective May 25, 2018, applies to European Union (EU) members as well as any company that markets goods or services to EU residents, regardless of location. On its face, the regulation’s purpose is understandable – many internet […]

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I-9 Audits Continue to Surge This Summer

Before the summer began, the number of worksite immigration-enforcement investigations had already doubled last year’s. And employers’ risk is only rising, as US Immigration and Customs Enforcement (ICE) moves forwards with a nationwide increase of Form I-9 audits this summer. Plans are also underway for a national inspection center. The center would allow for 15,000 Form I-9 audits every year. This is a significant jump from the 2,282 conducted in FY2017. The Marks Gray immigration […]

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What Is a Letter of Intent?

Co-authored by Sharon L. Palmer, ACP, FRP A Letter of Intent is a non-legal document that is quickly becoming a popular way to summarize and/or supplement your estate plan for those you leave behind. Essentially, it’s a letter from you to your personal representative/trustee and/or beneficiaries discussing your personal thoughts that resulted in your estate plan as well as any personal wishes to be considered in implementing your plan. While not a legally binding document, a letter of intent […]

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Supreme Court: Our Right to Criticize and Petition the Government Remains Fundamental

From the earliest days of our Nation, criticizing government officials without retribution has been a hallmark of the freedoms our Founders determined as essential to our democracy. At the same time, those who serve in public office deserve respect and must be able to conduct the public’s business in an orderly manner. When these two principles are in conflict, which one prevails? That’s one of the questions the U.S. Supreme Court was asked to consider […]

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Why the NFL and ABC Are Free to Squelch the Free Speech of Football Players and Roseanne

Roseanne’s racist tweet. Kneeling football players. These recent events have caused people on both the right and left to express concerns about freedom of speech and expression in the United States. But these concerns are based on a misunderstanding. The truth is neither case invokes protections against denying free speech rights. That’s because the U.S. Constitution’s guarantees limit the government, not private individuals or institutions. It is virtually impossible for the NFL or the ABC […]

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Preventing Counterfeit Trademarks – Part 4: Civil Litigation

In my last post, I discussed how to pursue criminal enforcement in order to take counterfeit trademarks out of circulation and receive reimbursement. When you go this route, you put your case in the government’s hands. For this reason, many trademark owners prefer to pursue civil remedies. This gives them more control over how aggressively the case is pursued, who is included in the civil complaint as defendants, and when the counterfeit goods are seized. […]

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