Otto.LawOtto.Law2024-02-21T18:27:02Zhttps://www.otto.law/feed/atom/WordPress/wp-content/uploads/sites/1303400/2021/06/cropped-favicon-32x32.pngOn Behalf of Otto.Lawhttps://www.otto.law/?p=479512024-02-21T18:27:02Z2024-02-21T18:27:02Za court order to perform additional work for a client. The following are some of the most common inspirations for construction defect lawsuits.
Material substitutions
Clients often feel strongly about the types of materials used, especially for the finishing details in visible spaces. Residential clients, in particular, are notorious for wanting high-value materials and products used during remodeling or new construction projects. However, commercial and industrial clients may also take issue with material substitutions. Clients may claim that a substitution breached the contract or drastically altered the value of the final product.
Major construction delays
Often, the timeline for the completion of a construction project strongly influences who a client chooses to hire for a project. Therefore, if the company fails to meet key deadlines for the project, the delay could constitute a breach of contract. Delays in gaining access to new or remodeled facilities can cause massive operational disruptions for businesses and significant additional expenses. A construction defect lawsuit related to delayed project completion could end up costing a company quite a bit.
Questionable workmanship
Construction firms often hire subcontractors for specialty work, such as drywall finishing and tile installation. These professionals often command premium wages. Sometimes, construction firms hire cheaper, less-skilled workers. Other times, subcontractors who have previously done excellent work cut corners on a project. When a client is dissatisfied with the final look of the space, they might try to claim that the unprofessional final look of the project is a defect that impacts the value of the space and violates the contract that they signed.
Companies performing construction work for clients may find that protective clauses in contracts and proactive communication with clients can go a long way toward eliminating or at least reducing the risk of a defect lawsuit. In the event that a dispute should arise, seeking informed legal guidance is generally wise, given how much is likely at stake.]]>On Behalf of Otto.Lawhttps://www.otto.law/?p=479482024-01-19T17:13:22Z2024-01-19T17:13:22ZPatents, trademarks and service marks are all forms of intellectual property protection. They serve different purposes and protect different types of assets.
Patents
A patent is a form of protection granted to an inventor by a government authority. It gives the inventor exclusive rights to use, make and sell an invention for a certain period. In the United States, patents are issued by the U.S. Patent and Trademark Office (USPTO).
There are three main types of patents:
Utility patents: Cover new and useful processes, machines, manufactures or compositions of matter
Design patents: Protect new, original and ornamental designs for an article of manufacture
Plant patents: Granted for the invention or discovery and asexual reproduction of any distinct and new variety of plant
The protection provided by a patent prevents others from making, using, selling or importing the patented invention without permission from the patent holder. This exclusive right is typically granted for 20 years for utility and plant patents and 15 years for design patents. After that time, the invention enters the public domain.
Trademarks
A trademark is a symbol, word, phrase, design or another marketing resource that identifies and distinguishes the source of the goods of one party from those of others. Businesses use trademarks to protect brand names, slogans, logos and other identifiers crucial for brand recognition in the marketplace.
Trademarks don’t expire as long as they are in use and the owner continues to renew them at the appropriate intervals. If someone else uses a similar mark in a way that could confuse consumers, the trademark owner has the right to take legal action against trademark infringement.
Service marks
A service mark is similar to a trademark but relates to services rather than goods. It identifies and distinguishes the services of one provider from those of others. Service marks are often slogans or brand names used in advertising services. The regulations regarding service marks are similar to those for trademarks.
Protecting intellectual property is critical for businesses. Learning more about this concern can significantly benefit businesses, so it’s vital to proactively work with someone who understands these matters.
]]>On Behalf of Otto.Lawhttps://www.otto.law/?p=479432023-12-20T15:21:27Z2023-12-20T15:21:27Zwhat you need to keep in mind.
The term “person of interest” is intentionally vague
The term is widely used by law enforcement authorities at both the state and federal levels, but the term actually only dates back to the mid-90s. The Department of Justice doesn’t actually define the term, so the authorities are free to use it very broadly (and they do).
In reality, a person of interest can be:
A subject of investigation: This means that the authorities have an interest in the named person and they want more information. A subject is often the focus of inquiries or some form of surveillance as the authorities seek to redefine their role in a suspected crime.
A material witness: This is someone who is believed to have information about a crime that’s essential to the government’s case.
The target of an investigation: This is someone believed to have been involved in criminal activity. Investigators are often subjected to a variety of investigative techniques as law enforcement seeks to build their case.
A suspect: This is someone who the authorities believe may have committed a crime. They may even have enough probable cause for an arrest.
Sometimes the authorities intentionally call someone a “person of interest” because they aren’t sure what role they may have played in a crime or if they’ll be charged. Other times, they do it because they don’t have quite enough evidence to make an arrest and they’re trying to pressure the named person into meeting with them.
That’s why it’s critical to remember that you’re always in legal jeopardy when you’re caught up in any kind of criminal investigation. If you’ve been named a person of interest in a criminal probe, it’s always in your best interest to seek legal guidance immediately.]]>On Behalf of Otto.Lawhttps://www.otto.law/?p=479412023-11-13T16:37:41Z2023-11-13T16:37:41Z98% of all federal cases are resolved through plea deals of one form or another.
Defendants can be agreeable to plea deals for several reasons, depending on their circumstances. Oftentimes, they decide that a (more or less) certain outcome and a reduced sentence is better than taking their chance at a trial. But, what’s in it for the prosecutors? Why do they offer deals in the first place?
It’s a combo of legal and practical concerns
The legal system can be heavily burdened by a high volume of cases. Plea agreements are sometimes a response to the reality that taking every case to trial would be so expensive and time-consuming that it would grind the wheels of justice to a halt. In that respect, plea deals can simply be a matter of resource management.
However, plea agreements are also offered because:
There are weaknesses in the case. A plea agreement represents a “sure win” for the prosecution, so the prosecutor may offer one when they aren’t certain the evidence is strong enough to secure a conviction.
The prosecutor wants someone else. Prosecutors often make their biggest criminal cases by getting lower-level defendants (or “little fish”) to testify against higher-level defendants (or “big fish”), especially in white collar cases. A plea deal may be offered to secure a defendant’s cooperation and get them to testify against someone else.
They may want to preserve a specific public image. If a defendant is seen as largely sympathetic, the prosecutor may be encouraged to offer a plea to avoid a public relations nightmare. In other situations, they may want to use plea deals to enhance their personal reputations and present a strong record of success.
Plea bargains aren’t always the right choice for defendants, but they do have their place. However, it takes experienced legal guidance to make sure that the very best deal is negotiated – and it’s always wise to remember that a plea deal wouldn’t be offered if there wasn’t something in it for the prosecutor. That makes it critical to determine if a plea bargain is actually in your best interest – not theirs – before committing to a course of action.]]>On Behalf of Otto.Lawhttps://www.otto.law/?p=479382023-10-17T02:06:45Z2023-10-17T02:06:45ZMisunderstanding who is and who isn’t exempt from overtime rules
Many entrepreneurs and executives have an oversimplified idea of what overtime laws require. They may believe that only hourly workers qualify for overtime pay, for example. The truth is that daily workers also need to receive overtime pay, and so do workers who receive a low salary that does not meet the federal minimum standard.
Requiring unpaid work
Many restaurants and retail establishments have relatively small profit margins. Ensuring that the company stays in the black may require very careful control of the staffing expenses at the company. Businesses sometimes train workers to do certain tasks before they begin a shift or after they clock out at the end of a shift. Consistently requiring that workers do job tasks without compensation could lead to wage claims and even overtime claims in some scenarios.
Misclassifying workers
One of the ways that a business might seek to minimize the costs associated with employing new workers is to classify those employees as independent contractors. However, if a company treats the worker as an employee, those workers or state agencies might eventually take legal action. Claims of misclassification can lead to wage claims and also tax violations, as employers have an obligation to contribute to payroll taxes based on the labor provided by their workers. There could also be challenges related to on-the-job injuries and workers' compensation coverage.
Any of these violations could lead to litigation that could drain a company's coffers and damage its reputation. Avoiding the most common wage and hour violations beyond obvious attempts at underpaying workers can help protect an organization's reputation and profit margins in addition to workers’ rights.]]>On Behalf of Otto.Lawhttps://www.otto.law/?p=479312023-09-07T23:49:54Z2023-09-07T23:49:54ZHow important are consumer surveys to trademark infringement cases?
Surveys provide a methodological approach to assess whether consumers are likely to be confused between two similar brands. Surveys help:
Gauge consumer perceptions: Surveys allow legal teams to gauge how consumers perceive and associate a company's name, logo or branding elements. By presenting mock-ups or real-life examples, surveys gather data on whether consumers are likely to mistake one company for another.
Determine the likelihood of confusion and trademark dilution: Questions can be tailored to gather insights into how easily consumers confuse the two brands and whether they believe two companies are related or affiliated based on their trademarks.
Establish a comparative analysis: Surveys often involve presenting consumers with a side-by-side comparison of the two companies' names or branding elements. This allows for a direct evaluation of any similarities and differences that may contribute to brand dilution.
Ultimately, consumer confusion survey results can serve as crucial evidence in court. Experts can interpret the data, provide insights on consumer thinking and offer professional opinions on whether brand confusion exists or is likely to exist.
Even though consumer surveys aren’t required in trademark confusion cases, a spate of rulings on infringement cases in recent years (all of which went against the litigant who did not provide survey evidence), have more than established their value. In the words of one court, ““the absence of surveys is evidence that actual confusion cannot be shown.”
Are you worried that a competitor’s use of a similar trademark to that used by your business is going to damage your company’s reputation and siphon away customers? It may help to learn more about trademarks infringement lawsuits and your legal options by seeking guidance from a professional who manages intellectual property cases like yours.]]>On Behalf of Otto.Lawhttps://www.otto.law/?p=479292023-08-16T04:21:22Z2023-08-16T04:21:22Zenvironmental and sustainability factors…. or make unsupported claims about taking environmental or sustainability actions.”
A task force within the SEC is tackling greenwashing
The SEC has even set up a Climate and ESG Task Force. This group is tasked with coming up with “initiatives to proactively identify ESG-related misconduct consistent with increased investor reliance on climate and ESG-related disclosure and investment.” Its mission is “to identify potential violations including material gaps or misstatements in issuers’ disclosure of climate risks under existing rules, and disclosure and compliance issues relating to investment advisers’ and funds’ ESG strategies”. The task force is part of the SEC’s Division of Enforcement. That means it can and does take action against parties that fraudulently attest to various ESG commitments.
In the past few years, companies as large and varied as Goldman Sachs, Fiat/Chrysler, BNY Mellon and BP have faced ESG-related enforcement actions, along with lesser-known companies. Many of the targets are in the financial sector because of their investment funds. Many more are in the energy sector. However, even the former CEO of a health insurance distributor was charged with “making false statements to investors.” Some companies have faced SEC actions over false claims about recycling.
Dealing with an SEC investigation is a daunting process. It’s crucial to have sound, experienced legal guidance as early as possible to protect your rights and minimize the damage to your company financially and reputationally if you’re facing an SEC investigation related to ESG or any other subject.]]>On Behalf of Otto.Lawhttps://www.otto.law/?p=479272023-07-28T15:53:16Z2023-07-28T15:53:16ZAI-created work is not copyrightable
In a release from the US Copyright Office, AI-generated work was called “unclaimable.” Other types of unclaimable work are:
Work in the public domain
Already copyrighted work
Previously published work
Furthermore, new works containing considerable amounts of “unclaimable material” will face additional scrutiny in the registration process. Works without copyright obviously do not have the same legal protections as those with copyrights, and thus can make it more challenging to monetize.
AI-generated work may violate existing copyrights
A complex case works its way through the courts as we write this regarding famous comedians and other writers in various industries. The case alleges that the way companies train their AIs violates existing copyright. Those algorithms use the words and language of copyrighted work to create the basis for what they produce.
That could be a violation of existing copyright law because none of those writers and comedians consented to the use of their work as training material. These writers did not receive compensation for that work. That could place AI-dependent content producers in an extremely vulnerable legal position.
The threat of model collapse
If things work out in AI's favor, that is, AI gains recognition as a viable source of copyrightable works and that AI-produced work does not violate existing copyright, there's a big problem for companies. AI writes and produces content very quickly, but it also relies on human input, not just from the one commissioning the work, but to create the work itself.
If the internet and all content sources become saturated with AI-produced work, then the pool that AI draws from becomes AI-produced work. This can quickly form a feedback loop, creating less and less interesting and intelligible work. This is called model collapse, and it is a very real issue facing AI language models.
Artificial intellectual property problems
The interaction of AI with IP will be a fascinating developing legal area. Eventually, you may find yourself dealing with these very problems. When that happens, you want a skilled, thoughtful attorney working for you.]]>On Behalf of Otto.Lawhttps://www.otto.law/?p=479242023-07-12T19:44:13Z2023-07-19T19:43:26Zbeyond 40 hours in a workweek. If you find yourself in a situation where your employer refuses to pay you overtime, it’s important to take appropriate action.
What are your rights?
As an employee, it’s crucial to understand your rights regarding overtime pay. Familiarize yourself with state labor laws and the Fair Labor Standards Act (FLSA) to comprehensively understand your entitlements. These laws:
Define overtime
Establish minimum wage standards
Protect employees’ rights to fair compensation
When dealing with a situation where your employer refuses to pay overtime, gathering all the necessary documentation to support your claim is essential. Collect your timesheets, pay stubs and any other relevant records demonstrating the hours you worked and the wages you were paid. This documentation may validate your claim if you are contemplating taking legal action.
How to communicate with your employer
The next step is to initiate a conversation with your employer about unpaid overtime. Schedule a meeting or have a formal discussion to address your concerns. Clearly and assertively communicate your position, referring to the documentation you have gathered to support your claim. Be professional and polite throughout the conversation, emphasizing your dedication to your work and the importance of fair compensation.
When to file a complaint
If informal negotiations fail, filing a complaint with the appropriate labor enforcement agency is worth considering. You may be in a strong position to file a complaint with the Colorado Division of Labor Standards and Statistics. You’ll need to provide the agency with all the relevant information, including your gathered documentation, after which you’ll need to follow its instructions to proceed with the complaint.
Dealing with an employer that is refusing to pay overtime can be frustrating and challenging. Therefore, you shouldn’t hesitate to seek legal guidance and take appropriate action to resolve the issue. This can help to better ensure that you’re fully reimbursed for your work.]]>On Behalf of Otto.Lawhttps://www.otto.law/?p=479252023-07-14T09:18:45Z2023-07-14T09:18:45ZWhat is patent infringement?
It is crucial to grasp the concept of patents to comprehend patent infringement. A patent is a government-granted exclusive right that allows inventors to protect their inventions. It gives them the legal authority to control their invention’s use, production and distribution for a specified period.
Patent infringement, therefore, generally occurs when an unauthorized party, without the patent owner’s permission, utilizes, makes, sells or imports a patented invention. This includes the exact replication of the patented invention and the creation of a substantially similar product.
Understanding copyright infringement
Unlike patents, which protect inventions, copyrights safeguard original works of authorship. This can include literary, artistic, musical and other creative forms. Copyright grants the author or creator exclusive rights to reproduce, display and perform their work.
Copyright infringement generally arises when someone violates the copyright holder’s exclusive rights without obtaining proper authorization. This can involve reproducing, distributing, displaying, performing or creating derivative works based on copyrighted material.
Consequences of patent and copyright infringement
Patent infringement is a serious offense that can have severe legal repercussions. If found guilty, the infringing party may be liable for damages, which could include:
Compensatory damages
Lost profits
Injunctive relief
In some cases, the court may even award treble damages, significantly increasing the financial burden on the infringer.
Copyright infringement may also lead to significant legal consequences. The copyright holder can pursue legal action against the infringer, seeking damages and injunctive relief. The penalties for copyright infringement can include:
Statutory damages
Actual damages
Criminal charges, in some cases
Understanding the distinctions between patent and copyright infringement is crucial for creators, inventors and businesses alike. By understanding how infringement occurs, intellectual property rights holders can better safeguard their interests proactively and can more effectively respond if and when infringement occurs.]]>