Author Archives: John DiGiacomo

Amazon retailers and other online businesses must exercise caution with respect to the text of their product descriptions in sales listings. Obviously, it is necessary to describe what products are being offered for sale (and photographs are essential, too). However, there are important copyright issues when an online business uses product descriptions that are not […]

There are complex legal and practical considerations when a person or entity is buying a business. Most people probably liken buying a business to buying a house or other real property. However, buying a business is much more complex. You will need to retain a talented and experienced Michigan business attorney to help. The advice […]

It may be surprising to some, but generally speaking, one cannot register a trademark with the US Patent and Trademark Office (“USPTO”) based on the title of a single book. In other words, a book title cannot be trademarked. This is because trademarks are designed to identify in the minds of consumers a unique commercial […]

Whether a plaintiff must present evidence and prove that a stolen trade secret has been or is being used depends on whether the plaintiff is suing under common law theories or under versions of the Uniform Trade Secrets Act (“UTSA”). To date, 47 states and the District of Columbia have adopted a version of the […]

Even as the COVID-19 pandemic is receding and the economy is being reopened, there are many businesses that are continuing to abide by social distancing and the use of remote technologies as substitutes for face-to-face gatherings. This applies to meetings that are generally required for corporate governance purposes. In general, shareholder meetings and board of […]

In late March 2020, all provisions of the New York SHIELD Act went into effect. This is New York’s amended data privacy and cybersecurity law. “SHIELD” is an acronym for Stop Hacks and Improve Electronic Data Security. Like many similar statutes recently enacted, the SHIELD Act not only applies to New York businesses, but also […]

As states begin the process of reopening the economy, employers are searching for ways to ensure the safety of their employees (and customers). Keeping employees safe and minimizing contagion risks are high priorities. There are attendant and significant legal risks. For example, in general, the federal Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 […]

A federal judge in Southern Florida recently dismissed a copyright infringement case involving the popular Netflix show “Narcos.” See Miami Herald report here. The case was filed by author and journalist, Virginia Vallejo. Vallejo claimed that the show’s writers and producers copied parts of her book/memoir “Loving Pablo, Hating Escobar.” In her book, Vallejo writes […]

Not every claim for breach of contract will lead to an adverse judgment. There are some legal defenses that can be asserted including a claim of “impossibility.” The defense of impossibility is potentially available in a public health circumstance like the current COVID-19 pandemic. As an example, assume a business has been declared by state […]

Trade secrets are valuable business assets. Trade secret law in the US is relatively uniform. Under most statutes and laws, a trade secret is any information, like a formula, design, data, blueprint or customer list, that is kept confidential and that has commercial value from the fact that the information is not known. The form […]