Kara Brandeisky
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Articles by Kara Brandeisky
Unpacking The Supreme Court's Decision In Jack Daniel's Properties, Inc. V. VIP Products LLC
Last week, the Supreme Court issued its decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, a trademark case addressing how the Lanham Act intersects with the First Amendment. While the parties each argued for broad holdings in their briefs and at oral argument, the Court took a "narrower path" in resolving the case.
Unpacking the Supreme Court’s Decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC | JD Supra
Last week, the Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, a trademark case addressing how the Lanham Act intersects with the First Amendment. While the parties each argued for broad holdings in their briefs and at oral argument, the Court took a “narrower path” in resolving the case.
Implied Copyright License Defense Shapes Up In Tattoo Cases
Law360 (March 12, 2021, 4:09 PM EST) -- As tattoos and body art have become a $3 billion industry in the U.S.,[1] an increasing number of athletes, celebrities and other public figures are inked. But who owns a tattoo — the artist who designed it, or the person who bears it?
How Clinton Handled His Debt Ceiling Crisis Better Than Obama
“Nobody should assume we’re going to have a debt-limit extension,” John Boehner warned. “If the vote were held today, it would not pass.” Sound familiar? This was Boehner in November of 1995, when he was the House Republican Conference chairman and his party was refusing to raise the debt ceiling unless President Bill Clinton agreed to a package of sweeping spending cuts.
7 Ways to Free Yourself From Debt—for Good!—in 2015
If you’re in debt, getting out may seem impossible. One in eight Americans don’t think they’ll ever pay off what they owe, according to a survey by CreditCards.com. But it’s a new year and a new balance sheet. And the seven steps here can help you put hundreds more towards your bills every month—while still living the kind of life you want. Can you taste the freedom?
Health Insurance: Risks of High-Deductible Health Plans
When you look over your health insurance choices this year, chances are you’ll see a high-deductible health plan on the menu. These increasingly popular plans require you to spend a large amount of your own money—what’s called meeting a deductible—before insurance begins covering part of the cost of your care. With a high-deductible health plan, the deductible will be at least $1,300 for individual coverage, $2,600 or more for a family.
How to Win Wimbledon: The Surprising Cost of Raising an Elite Tennis Player
Serena Williams won her first U.S. Open at age 17 and her fifth at age 31, just last year. But can she defend her crown against the newest upstarts? It all starts on August 25, when Williams goes head-to-head with rising star Taylor Townsend. And 18-year-old Townsend won’t be the only young talent to watch in Queens: 20-year-old Canadian Eugenie Bouchard is seeded no. 7, and 19-year-old Australian Nick Kyrgios will try to build on his surprise upset against Rafael Nadal at Wimbledon.
The Biggest Healthcare Benefits Decision You'll Have to Make This Year
This benefits open-enrollment period, your employer may ask you—even force you—to enroll in a high-deductible health insurance plan with a health savings account. Nearly three-quarters of companies expect to offer this type of plan as an option for 2015, up from 63% in 2014.
Tracking Intern Lawsuits
July 2: This post has been corrected. The federal ruling that found Fox Searchlight Pictures needed to pay “Black Swan” interns minimum wage has begun a rising tide of new lawsuits. Here follows a list of the suits. | Related Story » Know about a lawsuit that we're missing? Email Kara at kara.brandeisky@propublica.org. Corrections: An earlier version of this post listed an unpaid wages lawsuit filed by Justin Henry against Chung King Studios.
How to Keep the Kids From Giving the Kardashians Your Kash
Kim Kardashian is in the news again, and (surprise!) not because she did something good for society. The reality show starlet recently released an iPhone game, Kim Kardashian: Hollywood , and now one parent is revolting after learning the app "tricked" her child into spending over $100 on in-app purchases in just two days.
You Need A Better Bank Right Now
By Kara Brandeisky In today’s low-yield world, searching your sofa for change might give you a higher return than your bank account does. The average brick-and-mortar savings account now delivers a mere 0.08% in interest on a $10,000 balance, down from a measly 0.1% last year, MONEY’s annual survey of the biggest banks in the U.S. has found. That’s just $8 a year. Checking accounts pay even less.
Employers Hiring More, Offering More Raises, Expect GDP to Increase
If you're looking for a raise — or a job — some good fortune might be coming your way. In the second quarter of this year, more employers reported rising wages and expanding payrolls, according to a new survey from the National Association for Business Economics. And businesses expect the economy will keep growing. A quarter of survey respondents now predict that real GDP will go up more than 3% next year.
PunkinBoT from Brian and Alex VanDiepenbos carves pumpkins automatically. [VIDEO]
For those of us who spend hours making jack-o-lantern faces that just look like a jumble of shapes, a father-son engineering team from Indiana has a solution: PunkinBoT, the pumpkin-carving robot. With Brian and Alex VanDiepenbos’ invention, a computer converts the pumpkin design into code that directs the cutting tool on where to carve. It only takes about five minutes and creates stunning jack-o-lanterns.
3 Things You Need to Know About Open Enrollment
It’s that time of year again: Open Enrollment has begun! But what does that mean, exactly? It means that it’s time for you to pick a new health care plan. If you’re signing up for Obamacare (or the Affordable Care Act), you can sign up starting Nov. 1. If your employer offers plans, the dates may vary, so keep an eye out. But don’t wait too long to choose a plan! Once you sign up, you can only change your health coverage if you experience a big life change, such as having a baby.
Legislation Introduced to Designate Voting Machines as "Critical Infrastructure"
Reacting to concerns about the integrity of elections in the US, one Democratic lawmaker has put forward a measure to provide federal cybersecurity protections to all voting machines. Rep. Hank Johnson (D-Ga.) introduced the Election Infrastructure and Security Promotion Act on Wednesday.
Trump's Poll Patrol: Who's Watching Partisan Poll Police?
Donald Trump supporters shout during an election campaign rally in Dallas, Texas, on September 14, 2015. Trump has outwardly suggested that his supporters, who have displayed violence against Black protesters at his rallies, monitor polling places in African-American precincts. (Photo: Jamelle Bouie) Republican presidential nominee Donald Trump's call to his supporters to police the polls on Election Day has civil rights organizations and voters of color worried.
Freelancer’s Guide
When it comes to health insurance options for freelancers, a lot has changed in the past six years. Before the Affordable Care Act, workers without employer-subsidized health insurance were in a precarious position: Those with preexisting conditions often couldn’t get coverage or had to pay more. And while healthy freelancers could sometimes find affordable choices, insurers were allowed to put annual or lifetime caps on their benefits or throw them off their plans over small technicalities.
International Phone Plan: How to Save Money Traveling Abroad
This story has been updated to reflect new pricing plans. Going abroad? Don’t just sign up automatically for an international data plan (or rack up international roaming charges, which can easily run $10 a day). There are better ways to save. Among your choices: Best for light users in well-connected destinations. Best for travelers who need calling and data for more than a long weekend. Best for Big Four customers who need the simplest way to get full access.
How Much It Costs to Give Birth
Children are priceless, but in the United States, giving birth to one is far from free. When American mothers take their newborns home from the hospital, big bills can follow. The average doctor charges for a vaginal delivery with no complications in the U.S. is $3,035, according to data from FAIR Health, a health care nonprofit that keeps a national database of insurance claims. That includes the cost of routine care before and after the birth (but not tests like ultra sounds or amnio).
Best Way to Invest or Spend $1,000 Right Now
When you find you have some extra money in your pocket, you don't want to use it merely to pad out your monthly budget, or let it slip away with a few thoughtless purchases. It puts you in mind of bigger goals. You can think of even $1,000 as a chance to get a fresh start and do something new. That might be a timely financial investment , or an investment in yourself to start a new career or kick-start a passion project.
Are Prices Cheaper Online or in the Store?
When it comes to electronics and appliances, it pays to shop online, according to new data out this week that was analyzed by the New York Times. Consider televisions. While data from the new Adobe Digital Index shows that the cost of televisions bought online dropped 20.3% over the course of a year, data collected by the Bureau of Labor Statistics shows the cost of televisions bought in-store falling just 15% during that time, the Times says.
Barack Obama, FCC Move to End Cable Set-Top Box Ripoff
President Obama is backing a new proposal that could save you over $200 a year on your cable bill. The Federal Communications Commission is working on a new rule that would forbid cable companies from requiring customers rent their set-up boxes directly from their providers. Renting the boxes can run upwards of $231 a year, and consumers don’t have a choice between boxes. Critics say this requirement has stifled innovation and subjected consumers to unfair fees.
How Health Insurance Affects Tax Filing
This year, you may be receiving tax forms you’ve never seen before, all thanks to the Affordable Care Act, aka Obamacare. For the most part, these documents won’t make tax filing too much harder—with one big exception. Here’s what you need to know about this paperwork, depending on what kind of health insurance you had in 2015. For the first time this year, you should get a new form from your health insurance provider or employer verifying your coverage, but this won’t change how you do your taxes.
13 Smart Ways to Save on Prescription Drugs
Your medicine may come with a new side effect: financial pain. Prescription-drug spending grew 12.2% in 2014—five times as fast as the year before—according to the Centers for Medicare & Medicaid Services. And the sickest Americans bear the biggest burden. Some 43% of those in fair or poor health say it’s somewhat or very difficult to afford their medications, and 37% say they’ve skipped out on filling a prescription because of cost, according to the Kaiser Family Foundation (KFF). What has changed?
12.7 Million Sign Up for Health Insurance in 2016
The deadline to buy an Obamacare plan for 2016 passed on Sunday, and the results are in: A grand total of 12.7 million people either re-enrolled in a health plan or bought a new health plan through the marketplaces. About 9.6 million bought plans on Healthcare.gov, run by the federal government; the rest bought plans on state-run marketplaces. And about 42% of the shoppers on Healthcare.gov bought an Obamacare plan for the first time.
Customers Billed for Modems They Don't Have
Did you buy your own cable modem to save money on fees? Check your bill. In a letter dated Feb. 3 sent to the Federal Communications Commission, a group of senators has raised concerns that cable TV giant Comcast is charging customers for modems they don’t actually have, according to Consumerist.com. On average, Americans paid $86 a month for their television subscriptions in 2011, and that figure is expected to reach $200 a month by 2020, according to the NPD Group.
It's Your Last Chance to Get Health Insurance This Year
If you don’t yet have health insurance coverage for 2016, pay attention: You must enroll in an Obamacare plan by Sunday, Jan. 31, or else you may have to go without insurance for the rest of the year—and you might be faced with a hefty tax penalty in 2017. Don’t wait for an extension: Although some enrollees got a few extra weeks last year, the Obama administration says that won’t happen this time around.
What Happens to Unused FSA Money?
Q: I know I have to use my flexible spending account money on health care expenses before the end of the year, or I’ll lose it. But where does my unused money go? Who gets to keep it? A: Your employer can (and probably does) keep any FSA money that you don’t spend by the deadline, says Paul Fronstin of the Employee Benefit Research Institute.
Facebook Pays Workers to Move Closer to the Office
Bay Area housing is infamously expensive, but if you work for Facebook, the social media giant is trying to make it worth your while to move as close to work as possible. Facebook is reportedly paying employees at least $10,000 to buy or rent somewhere within a 10-mile radius of the company’s campus in Menlo Park, according to Reuters. Facebook workers with families could get as much as $15,000 or more to offset housing costs, Reuters reports.
Netflix Socks Pause Shows, Bingeing When You Fall Asleep
It’s happened to all late-night Netflix lovers — one minute you’re enjoying your favorite show, the next you’re waking up to a much later episode in the series. If you want to doze off in front of Netflix without missing a scene, there’s a solution for you: a very special pair of socks. “Netflix socks” have an accelerometer that detects when your body is so still that you’re asleep, and a signal is sent to Netflix to stop the program as soon as you’re catching zzzzzs.
Women Are Better Hagglers Than Men
It’s a tired stereotype: Women aren’t very good at shopping for cars. They don’t know as much about autos, they’re weak negotiators, and they’re easily bullied by pushy salesmen. That’s how the story goes anyway. But new data flips that stereotype on its head. Turns out, it’s actually men who spend more on popular car leases, according to a study from Swapalease.com, an automotive lease marketplace.
Signup Extended Two Days, to Dec. 17
If you procrastinated on buying health insurance, you weren’t the only one — there was a big rush to enroll by Dec. 15, which was originally supposed to be the last day to buy coverage starting on Jan. 1. There was so much demand, though, that the Obama administration decided to extend the deadline another two days to give people more time to choose plans on the federal marketplace.
Health Care Costs More in Cities with Fewer Hospitals
Shopping for health care services is incredibly difficult. Prices for the same service can vary widely, for little discernible reason. A MRI might cost you $511, or it might cost $2,815, depending on where you go. A new study sheds some light on why some people see much higher prices than others. For the first time, researchers analyzed some 2.92 billion actual insurance claims for 88.7 million people across the country.
What's an Eligible FSA Expense?
If you opened a flexible spending account for health care expenses, don’t let the funds go to waste. Remember that you could lose your money if you don’t spend it by Dec. 31. Employers may let you roll over $500 in FSA cash to use next year, or give you another three and a half months to spend the money — but you can’t do both. Ask your human resources department if your employer has adopted either policy.
Obamacare Deadline: Sign Up for Health Insurance by Dec. 15
If you need to buy your own health insurance for 2016, don't forget that the deadline to get coverage starting on New Year's Day is Dec. 15. You can still sign up for insurance until Jan. 31, but your coverage won't begin until later in the year. If you miss the Jan. 31 deadline too, you won't be able to get insurance at all in 2016, unless you have a big life change like losing your job, getting married or having a baby.
Uber Delivers On-Demand Ugly Christmas Sweaters for $10
Today between 1 p.m. and 5 p.m., Uber will deliver ugly holiday sweaters to customers in select cities, as part of an UberELVES initiative. If you enter the UBERELVESCHI promo code in your Uber app in the greater metropolitan areas of Ann Arbor, Dallas, Denver, Chicago, Madison, Minneapolis, or Nashville, the service will dispatch an “elf” to bring you a Tipsy Elves sweater, for a $10 delivery fee. Choose from five style options. “‘Tis the season to be tacky, merry, and bright!” Uber says.
Airbnb Hosts Are Racist, Harvard Business School Study Finds
African American travelers may have a harder time securing an Airbnb rental than white ones, according to a new study from Harvard Business School. In an experiment, the researchers found that Airbnb hosts were 16% less likely to accept fictional guests with African American-sounding names than guests with white-sounding names — even though the guests had otherwise identical profiles. On Airbnb, ordinary people can rent out their own housing as lodging.
U.S. Household Net Worth Fell $1.2 Trillion
Americans’ total net worth declined by $1.2 trillion in the third quarter of 2015, falling from an all-time high of $86.4 trillion to $85.2 trillion, according to a new report from the Federal Reserve. While U.S household net worth is still at a high, the drop is one of the biggest losses since the end of the financial crisis. In 2007, total U.S. household net worth stood at $66.5 trillion. Household net worth hit a low point in 2009, at $58.1 trillion.
These Are the Busiest Days to Fly This Holiday Season
If you’ve got a flight booked on Sunday, Jan. 3, Friday, Dec. 18 or Sunday, Dec. 27, plan to get to the airport early. Those days are projected to be the busiest days for air travel this holiday season, according to the trade group Airlines for America. And overall, air travel is expected to increase 3% over last year. Airlines for America expects that 38.1 million passengers will travel on U.S. airlines between Dec. 18 and Jan. 3, or about 2.2 million passengers a day.
Michelle Obama Rap Video with Jay Pharoah: Go to College
First Lady Michelle Obama has teamed up with Jay Pharoah of “Saturday Night Live” and College Humor to promote a rap video urging kids to go to college, sparking a meme about other #flotusbars. And yes, she actually raps in the video. “South Side Chicago, we all know / We had to do overtime every night to make it tomorrow,” the First Lady raps.
Need a Filling? Fix Tooth Decay Without a Drill
Afraid of the dentist? Don’t be. Even if you have tooth decay, you might not need a filling. A new study published in Community Dentistry and Oral Epidemiology finds that treating early decay without a drill can be even more effective in the long run. And it’s cheaper, too. In the study, researchers monitored Australian dental patients for seven years. The control group received traditional “fill and drill” care.
Average Obamacare tax will hit $969 in 2016
To make sure Americans get health insurance, the Affordable Care Act offers both carrots and sticks. Buy a health plan, and you may be rewarded with a subsidy to help cover part of the cost. But skip out on coverage, and you can get hit with a tax. And that tax keeps going up.
2016 Obamacare Sign-Up Deadline Won't Be Extended
People without health insurance have until Jan. 31, 2016, to buy an Obamacare plan on the government-run marketplace. And this time, that will be a hard deadline. In a post published December 7 on the Centers for Medicare & Medicaid Services blog, Healthcare.gov CEO Kevin Counihan said that the government would not be offering an extension.
Who Needs to Freeze Their Credit Reports?
Chances are, your Social Security number has already been exposed in a data breach. Do you have health insurance from Anthem or Premera Blue Cross? Is your cellphone on T-Mobile? Did you apply for a job that requires a government security clearance? If so, you’re already vulnerable to identity theft.
What to Do Now If Password Was Reset
Eek! Just in time for Cyber Monday, Amazon has automatically reset some customer’s passwords due to security concerns, ZDNet reports.
Car Accidents Spike 34% on Black Friday
Drive safely these next few days — it’s a dangerous time of year to be on the road. There are 34% more car accidents on Black Friday, 25% more accidents on the Wednesday before Thanksgiving, and 20% more accidents on Thanksgiving Day compared to the two weeks before and after, according to new data from Progressive Insurance.
What to Do If It Affects You
Another day, another data breach: Starwood Hotels has announced that malware was discovered on some of its point-of-sale systems, allowing hackers to get access to customers’ payment card numbers, expiration dates and security codes. Altogether, 54 hotels across the country were affected, including Sheraton, Westin, and W hotels. If you stayed in a Starwood-owned hotel between Nov. 7, 2014, and Oct. 23 2015, check this list to see if your payment card information was exposed.
Uber Offers Flu Shots from Nurses for $10
For today only, Uber will send you a nurse. UberHEALTH is driving registered nurses to administer flu shots between 11 a.m. and 3 p.m. in more than 35 cities across the United States. For $10, a nurse will arrive with a “wellness pack” that includes a water bottle, tissues, hand sanitizer, totebag, and lollipop (just like at the pediatrician’s office!). The nurse can administer up to 10 flu shots, so your friends can get vaccinated too. Getting a flu shot is a great idea.
Obamacare Clients Should Shop Again
Did you enroll in an Obamacare plan last year? Your plan will probably auto-renew for 2016 — but you shouldn’t necessarily let it. That’s because plan costs change from year to year. According to a new study from the Kaiser Family Foundation, the consumers who stick with last year’s most popular choice (the lowest-cost silver plan) will see an average premium increase of 15% for 2016. Yet consumers who shop again for 2016 can often find a better deal.
What It Costs to Be Uninsured and Get in a Major Accident
If you were in a tragic accident, could you afford to pay your medical bills? In this week’s Lenny, Lena Dunham’s digital newsletter, comedian Liza Dye tells the story of what it was like to be hit by a subway train — and have no insurance to cover the cost of her recovery. In February 2014, Dye was a 25-year-old, up-and-coming comedian living in New York City. While she had professional success, she had trouble making ends meet, so buying health insurance was her last priority.
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