Immigration Blog

Yearly Archives from 2018

An Arbitrary, Capricious, and Unlawful H-1B Extension Denial

Despite significant evidence that an Assistant Project Manager was a specialty occupation which required at a minimum a bachelor’s degree and sophisticated knowledge of construction systems, advanced project scheduling, cost estimation and analysis, information systems, and supply chain management, USCIS arbitrarily and unlawfully denied an employer’s H-1B extension petition. The employer is a major commercial construction company attempting to maintain its US-based workforce to continue to deliver projects of vital importance in the transportation, health, […]

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Appeals Court Says Fort Lauderdale Food Sharing Protected Under the First Amendment

Like many cities, Fort Lauderdale’s homeless population has grown in recent years, resulting in a two very different reactions. One is an attempt to reach out to the homeless community and offer help, as exemplified by the weekly meals at Stranahan Park offered by a group calling itself Food Not Bombs. At the same time, there is a feeling of frustration from visitors and local businesses over some aspects of the increasing homeless population. Cities […]

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Copyrighting a Skyline: Two Sample Cases

You may not be surprised to learn that you cannot copyright a skyline. However, you can certainly copyright photographs that are taken of that skyline. If someone takes your image without your permission and uses it, you may have grounds for a copyright infringement lawsuit. But copyright law is complex, so how you approach your lawsuit can make a huge difference. Here are two real cases involving skyline photographs – with opposite outcomes. Case One: […]

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Scandalous Trademarks: The Government Strikes Back

Back in March of this year, I wrote about Erik Brunetti successfully arguing to the US Court of Appeals for the Federal Circuit that he should be approved to register the mark “Fuct” for clothing items, in part because the provision under the Lanham Act preventing him from doing so was unconstitutional. In the Federal Circuit court’s written opinion, they agreed that the provision on immoral and scandalous marks did, in fact, violate free speech […]

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2018 Women of Influence Event

Marks Gray shareholder, Giselle Carson delivered the keynote speech at the 2018 Women of Influence Event. Her key message was: “Chaos is part of the journey.” She illustrated the importance of having a vivid goal, taking action, embracing challenges, and finding inspiration to successfully achieve our goals.    

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Tips for Business Owners: Document the Transfer, Assignment, or License of Your Copyrights

The second you create an original work, you own the copyright for that work. It does not need to be registered for you to have ownership. It is your intellectual property. But what if you want someone else to have control over the copyright? Or maybe you want to license some of the rights so someone else can use the asset? How does that work? Does the U.S. Copyright Office have some kind of special […]

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