Relevant Legal Developments in U.S. Law for Global Entrepreneurs and Non-U.S. Lawyers_19 March 2019

U.S. Intellectual Property – Copyright Laws

It is decision on March 4th, 2019, the U.S. Supreme Court held enforcement action against infringement may commence once registration with the U.S. Copyright Office is completed. This ruling answered the question when a work was considered “registered” where the divide had been between putting forth the filing and the completion of the filing. In its holding, once an enforcement action could be commenced, the owner of the copyright could recover damages for infringements that occurred both before and after registration.

https://www.supremecourt.gov/opinions/18pdf/17-571_e29f.pdf

U.S. Employment Law – U.S. EEOC & Pay Inequities

The U.S. District Court for the District of Columbia has reinstated the requirement that employers with more than 100 employees must report the following to the U.S. Equal Employment Opportunity Office –

  • The wages and hours worked by their employees which has to be broken down by:
    • gender
    • race
    • ethnicity
    • job category 

The current deadline for compliance is May 31st, 2019. Whether the deadline will be enforced or the Office of Management & Budget will appeal the decision is still to be determined.

https://www.natlawreview.com/article/eeoc-pay-data-requirements-are-back-it-s-time-employers-to-pay-attention

U.S. Immigration Law – Important Update

The United States Citizenship and Immigration Services (USCIS) has published an alert regarding the I-539  – Application To Extend/Change Nonimmigrant Status. As of March 9th, 2019, the I-539 has been revised and have mandatory use effective March 22nd, 2019.

According to update, significant changes include

  • all co-applicants must submit separate form I-539A
  • every applicant and co-applicant must pay $85 biometric service fee with exceptions
  • every applicant and co-applicant will receive a biometrics appointment notice regardless of age.

Delays in processing and adjudication are expected as these new changes take affect.

https://www.uscis.gov/news/alerts/update-uscis-publish-revised-form-i-539-and-new-form-i-539a-march-8

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For more information on U.S. Legal Information for Global Entrepreneurs, please visit the Law Office of Janelle M. Lewis U.S. Legal Information Portal for Global Entrepreneurs. 

If you are a Non-U.S. lawyer/attorney who has clients with U.S. legal interests and need research & analysis on U.S. law, please visit the Law Office of Janelle M. Lewis U.S. Legal Research & Analysis Services for Non-U.S. Lawyers and Law Firms. 

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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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