Relevant Legal Developments in U.S. Law for Global Entrepreneurs and their Non-U.S. Lawyers_8 February 2019

Intellectual Property – Copyright Laws

The U.S.  Court of Appeals for the Second Circuit has ruled that the “first sale” doctrine of the CopyRight Act does not apply to the reproduction of digital file for the purposes of resale.

U.S. Intellectual Property – Trade Secret Laws

The U.S. Court of Appeals for the Fourth Circuit concluded that the flowcharts – even if they contained publicly available information – did constitute trade secrets under the Maryland Uniformed Trade Secrets Act.

U.S. Employment Law – 2019 Updates Across State Laws

Pertinent updates on the following laws and rights that are a need to know for those employing employees in the U.S.:

  • Sexual Harassment Laws in New York City, California and Delaware
  • Leave Laws in Massachusetts, Michigan, New York and Washington State
  • Salary History Prohibition laws in Connecticut and Suffolk County, New York
  • Rights for Nursing Mothers – Lactation breaks in New York City
  • Equal Pay Protections for African-American employees in Illinois

U.S. Contract Laws – Electronic Contractual Agreement Enforceability

In two recent cases, while the Second Circuit Court of Appeals found that service terms regarding arbitration clause that were “buried” via a hyperlink in a post-sale email were unenforceable.

The U.S. District Court for the Eastern District of New York upheld an arbitration clause in which consent was required during the registration process.


The views expressed in this article do not constitute legal advice and legal information provided in this post should not be relied upon as legal advice. Please contact an Attorney for advice on your specific matter.

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