News & Resources

Edward L. Birk attends Forum on Communications Law

Florida News Media & First Amendment attorney Ed Birk served as a faculty member during the 2019 Media Advocacy Workshop at the American Bar Association’s annual Forum on Communications Law in Miami Beach. The workshop provides an opportunity for law students and young media attorneys to hone their skills advocating legal interests associated with free speech and a free press, both of which are fundamental rights in our Constitution. Twenty students participated in the advocacy […]

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Tips for Business Owners: Protect Your IP Assets by Using Employment Agreements

So, your trademark is registered with the U.S. Patent and Trademark Office, you’ve obtained copyright registration for your original materials through the US Copyright Office, and an employee agreement is now part of your new hire packet. You may believe your intellectual property safeguarding efforts are complete – but have you explicitly established ownership of the company’s intellectual property within those hiring documents? You should consider– if materials were created outside the ordinary course of […]

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How Can I Recapture Time Abroad to Extend My H-1B Status?

Time spent outside the United States exceeding 24 hours or more does not count toward H-1B (or L) time of admission. This time may be recaptured for subsequent H-1B (or L) status. In most situations, the recapture time is requested at the end of the allowable H-1B (or L) stay. The burden is on the petitioning employer and foreign national to present evidence of time outside of the United States. Based on the evidence provided, […]

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Jewelry Designs and Copyright Protection

Copyright law protects many different types of original artistic expressions that are original to the creator and fixed in a tangible form. Artistic pieces like earrings, necklaces, broaches, rings, and bracelets may be protected by copyright law if there are original creative elements that can be identified separately from the functional aspects of the piece of jewelry.  So the clasp on the necklace may not be protected, but the original design of the part of the […]

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The Virtual Wall Preventing Legal Immigration

Greetings! Did you feel uncertain, frustrated, or overwhelmed by immigration matters last year? 2018 and 2017 have been years of immigration chaos and transformation. While the physical wall has yet to materialize, we face a virtual wall made of requests for evidence, unjustified denials, roadblocks, and bureaucratic burdens. As we look ahead, we share tips on what we have done and must do to overcome these challenges. A key part of overcoming challenges is starting […]

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Dance Moves – Can You Claim Copyright Infringement?

Written by Guest Author, Marks Gray Associate Logan McEwen The boundaries of copyright law are tested in an increasingly digital world, but digital arts can give a new perspective on old issues. Like the question: can you claim copyright infringement for a dance move? That is the question raised by claims against the videogame Fortnite from entertainers Alfonso Ribeiro (Carlton, Fresh Prince of Bel Air), Terrence Ferguson (rapper 2 Milly), and Russell Horning (Backpack Kid). […]

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