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Articles by Olivia Loftin
How To Handle Defamation In New York
Being a victim of defamation can be an incredibly stressful experience. It has the potential to damage your reputation and have negative consequences for your business. Because of its intricate nature, it's important how you handle defamation in NY. Defamation refers to the act of publishing or communicating a false statement of fact about an individual to a third party, which results in harm to the individual's reputation. Defamation is known as libel in written form and slander in spoken form.
Does New York Protect Against The Distribution Of Deepfake Pornography?
The use of deepfake technology to create nonconsensual explicit content, commonly known as "deepfake porn," has raised serious privacy, consent, and legal concerns. Deepfake porn involves creating fake sexually explicit media using someone's likeness. Celebrities like Taylor Swift and even high school students have been victims of the distribution of deepfake pornography, emphasizing the concerning nature of this technology.
University Of Oregon Faces Title IX Lawsuit
The University of Oregon is facing a Title IX lawsuit brought by past and current athletes on the women's varsity beach volleyball team and current athletes on the club rowing team. These groups allege that the NCAA Division I University provides male varsity student-athletes with better treatment, better benefits, more athletic financial aid, and greater opportunities for athletic participation than it provides female varsity student-athletes.
New York's New Law: Settling Employment Discrimination Claims With Release And Non-Disclosure Obligations
Before Bill S4516 was ratified, Section 5-336 of the New York General Obligations Law prevented a settlement agreement from containing any provision that prevented facts of a discrimination claim from being disclosed. There was an exception, however, if the employee wished to maintain their confidentiality, after being afforded a non-waivable 21 days and an additional 7-day revocation period to consider such restriction.
Does The Right Of Publicity Survive Death In New York?
The rapid advancements in technology, including the broad availability of generative AI tools, and the growing influence of digital media have made it easy to create images and video of dead celebrities. While the public may know that celebrities and others have a right to exploit their name, image and likeness while living, it's not always true that the deceased can control their publicity rights postmortem.
Can I Record A Conversation In Oregon?
As easy as it is to record a conversation today, doing so is not always legal. It is crucial to understand how to comply with both state and federal recording laws to reduce your exposure to criminal and civil liability, and to ensure the admissibility of any recordings as evidence in court. Oregon is generally a two-party consent state, meaning that all parties to a conversation need to consent to a recording of that conversation. However, there are a few important exceptions to this general rule.
Cheerleader Secures A V-I-C-T-O-R-Y In SCOTUS Student Speech Ruling
"America's public schools are the nurseries of democracy. Our representative democracy only works if we protect the 'marketplace of ideas.' " – Justice Stephen Breyer, writing for the majority of the Supreme Court of the United States The landscape of a public-school student's daily life has evolved significantly since the landmark 1969 U.S. Supreme Court decision in Tinker v. Des Moines Independent Community School District.
What To Know About Bringing A Right Of Publicity Case Against Photographers
Celebrities and regular individuals alike possess a legal right called the 'right of publicity,' which safeguards their name, image, and other distinctive personal attributes from unauthorized commercial exploitation. This right enables any person to take legal action against those who profit from using their name and likeness without consent. Celebrities are especially affected because their identities can yield substantial profits for others.
Cheerleader Gives A F – For The First Amendment - Constitutional & Administrative Law - United States
On April 28, 2021, the US Supreme Court heard oral arguments in a case known as Mahanoy Area School District v. B.L., which has been dubbed the "Cheerleader First Amendment Case." This case raised several significant questions for the Court, including whether schools have the authority to regulate student speech that occurs outside of school grounds and, if so, what standard should be used to determine when off-campus speech can be regulated.
When Are Business Owners Personally Liable For The Debts Of The Business?
Many business owners set up their companies as corporations or limited liability entities (such as an LLC), since it offers them protection from personal liability for the debts of the business. However, this protection is not absolute.
Considerations When Selecting A Brand
Starting a new company or launching a new product or service is an exciting endeavor, but choosing the right brand name is critical to its success.
How To Compel Specific Performance Of A Contract
In the world of business, contracts are a fundamental part of daily operations. They establish the terms of an agreement between two or more parties and dictate the obligations and responsibilities of each. When one of the parties breaches the contract, causing the other party to suffer losses, the non-breaching party typically sues for monetary damages.
What Fashion And Beauty Brands Should Know Before Offering A Virtual Try-on Tool
New virtual reality technologies and the aftermath of the COVID-19 pandemic have combined to create a market for virtual try-on tools in the fashion and beauty business. But these brands must take care, as Estée Lauder, Louis Vuitton and Pandora Jewelry, among others, have been hit with lawsuits alleging that their virtual try-on tools violate biometric privacy laws.
False Advertising - Advertising, Marketing & Branding - United States
A company engages in false advertising when making false, misleading, or deceptive statements of fact to promote a product or service. False advertising comes in several forms, such as express statements, implied statements, and failure to disclose necessary information. To prevent companies from making false or misleading claims about their products or services, federal and state laws prohibit and impose serious consequences on such activities.
Salary Discussions At Work
Talking about salaries at work has often been considered a taboo topic, and employers may even have rules in place to prevent their employees from engaging in such conversations. However, it is important to know that an employee's right to discuss their wages is generally protected by law. WHAT DOES THE LAW SAY?
Social Media Influencer Advertising
Social media influencers have become an increasingly popular way for companies to market their products, and this trend shows no signs of slowing down. In response to concerns about predatory marketing disguised as entertaining content, the Federal Trade Commission (FTC) has created regulations to protect consumers from undisclosed online advertising. The FTC has also released guidelines for social media influencers to follow when advertising products online.
Wizards Of The Coast's Open Game License Almost Suffers Critical Hit
DUNGEONS, WIZARDS AND STREAMS When friendly conversations turn to the topic of tabletop gaming, Dungeons & Dragons ("D&D") is often one of the bigger names that often gets thrown around. Having emerged in the mid-1970s as a hobby for nerdy enthusiasts, D&D allows players to use a set of rules and lore to craft their own stories and imaginative experiences, many of which have themselves influenced fantasy novels, video games, and films.
Is Your Trademark Distinctive?
Business-minded people often seek to protect their names, logos, designs, and other brand indicators through trademark law. However, not all marks are eligible for trademark protection. Federal law requires that a trademark be "inherently distinctive" or have acquired distinctiveness or "secondary meaning" in order to be registered. These terms of art can be tricky to understand, and a seasoned trademark attorney is a helpful guide through the trademark process.
Can Marvel Comics Writers And Artists Get Back Their Copyright From Disney?
Since the 1930s, Marvel Comics has been developing its host of characters, including Spider-Man, Iron Man, Captain America, Black Widow, Doctor Strange, Hulk, Daredevil, Wolverine, Black Panther and Captain Marvel. While the comics creators transferred ownership of their copyrights in these characters to Marvel decades ago, U.S. copyright law allows these creators to terminate the transfer of copyright under certain circumstances.
What Fashion Brands Should Know Before Posting A
Emerging technologies from AI to the metaverse are impacting every facet of modern life, and the fashion industry is no exception. Recently, "click-to-buy" functionality has made it possible – and lucrative – for fashion brands to link a photo of clothing to a website where that item can be purchased. Adding this new commercial element comes with certain legal implications that fashion brands, marketers and other players in the fashion business should be aware of.
EXPERT INSIGHTS-YOUR STANDARD SEVERANCE AGREEMENTS MAY NOW VIOLATE THE NLRA
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A Currency by Any Other Name? Damages Valuations in Cryptocurrency Disputes
From Data to Decisions Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. Exclusive Depth and Reach. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
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