(310)432-0550 info@theamec.org

Upcoming Events

Tuesday December 14: (12:30-1:30 PM): Data Privacy and the Communications Decency Act: Stephen Kelly, Attorney at Cypress LLP and other legal leaders bring us up to speed on all of the national and global changes and how they will impact our business. (Additional announcements to come!)

December 14: (12:30-1:30 PM): Data Privacy and the Communications Decency Act:

Stephen Kelly, Attorney at Cypress LLP and other legal leaders bring us up to speed on all of the national and global changes and how they will impact our business. (Additional announcements to come!)

 

(Stay tuned for Registration information)

 


 

Is There a De Minimis Defense for Trivial Use of Concededly Infringing Material?  Ninth Circuit Says No

Weil

 On September 9, 2021, the U.S. Court of Appeals for the Ninth Circuit reversed the district court’s grant of summary judgment in favor of the defendant in Bell v. Wilmott Storage Servs., LLC. 1 In its decision, the panel clarified that the de minimis doctrine does not excuse technical violations of a copyright holder’s exclusive rights, even if trivial. Rather, the court held that the de minimis inquiry only concerns the amount and substantiality of the copying. The extent of a defendant’s use of an allegedly infringing work and the defendant’s awareness of the alleged infringement are irrelevant to the de minimis use inquiry. The Ninth Circuit’s clarification of the de minimis inquiry provides important guidance for navigating permissible uses of copyrighted works and defending claims.

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New Federal Vaccine Rule:  Wage and Hour Implications

Proskauer

The new federal rule requiring employers with 100 or more employees to mandate that their workers be vaccinated or undergo weekly testing takes effect on January 4, 2022.  Check out our blog on the rule in its entirety.

Here are the wage and hour implications of the new rule, issued as an Emergency Temporary Standard by the Occupational Health and Safety Administration (OSHA):

Vaccination

Under new 29 C.F.R. § 1910.501(f), covered employers must provide each employee a reasonable amount of paid time up to four hours (including travel time) for each of their primary vaccination dose(s), at the employee’s regular rate of pay.  In addition, employers must provide employees with reasonable time and paid sick leave to recover from side effects experienced following any primary vaccination dose.

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Bipartisan Federal Legislation Introduced to Drastically Modify NCAA’s Current Infractions Process

JacksonLewis

A little more than two years ago, James Wiseman was the University of Memphis’ prize recruit expected to lead that school back to the Final Four. Now, following his very limited college career that was plagued by allegations of NCAA rules violations and an NCAA declaration of ineligibility for 12 games, his name may be tied more clearly to an historic piece of federal legislation, The NCAA Accountability Act of 2021, than his feats on the basketball court.

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