Publications

Social Media Presence Is a Factor When Assessing Trademark Strength

By: Davis|Kuelthau's Intellectual Property Team The Sixth Circuit Court of Appeals recently turned to the social media presence and marketing of a DJ when evaluating the DJ’s claims of trademark infringement and dilution. In Kibler v. Hall, et al (6th Cir. Dec. 13, 2016), the court affirmed summary judgment for Robert Hall, a rapper performing...

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Key Insurance Coverage Decisions Affecting Businesses in 2017

By Susan G. Schellinger Although insurance coverage is to be determined by the language of the policy at issue, court decisions addressing standard policy language can, and do, affect whether or not an insurance company will cover a claim. Throughout 2016, Wisconsin courts issued a number of decisions that may have wide-ranging impact on the...

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OSHA Issues Recommendations for Anti-Retaliation Programs

By Benjamin J. Sauer The Occupational Health and Safety Administration’s Whistleblower Protection Programs issued Recommended Practices for Anti-Retaliation Programs to assist employers with “creat[ing] workplaces in which workers feel comfortable voicing safety and other concerns without fear of retaliation.” The recommendations, while only...

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IRS Announces 2017 Estate and Gift Tax Limits and Mileage Reimbursement Rate

IRS Announces 2017 Estate and Gift Tax Limits and Mileage Reimbursement Rate

By Jacqueline L. Messler The IRS has announced the 2017 inflation adjusted numbers for several important gift and estate tax exclusions. Each year, several key gift and estate tax exclusions are adjusted for inflations, including the estate tax exclusion, the annual gift tax exclusion, and the estate tax deduction for decedents dying with certain...

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Breaking News: Federal Judge Blocks DOL Overtime Rules

Breaking News: Federal Judge Blocks DOL Overtime Rules

Late yesterday, a federal judge in Texas issued a nationwide injunction blocking the Department of Labor (DOL)’s Final Rule and its regulations regarding the new salary thresholds for the so-called “white collar” exemptions that were set to go into effect on December 1st. The injunction not only prevents the regulations related to the Final Rule...

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Nursing Home Arbitration Rule Put on Hold

Nursing Home Arbitration Rule Put on Hold

By Alec Dobson A federal rule that was to have banned pre-dispute arbitration agreements in nursing homes and other long-term care providers was put on hold by a federal judge on Monday. The new rule, which would apply to facilities participating in Medicare or Medicaid, was to go into effect on November 28, 2016. The rule was postponed...

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Court Denies Teachers’ Attempt at Pre-Act 10 Protections

Court Denies Teachers’ Attempt at Pre-Act 10 Protections

By Robert W. Burns & Anthony J. Steffek In a resounding success for Wisconsin school districts, another attempt by the Wisconsin Education Association Council to use the courts to re-insert pre-Act 10 collectively bargained terms into individual teaching contracts has been rejected. In Marks, et al. v. Board of Education of the Wisconsin...

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