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insightThe Lanham Act affords numerous remedies for trademark infringement to prevailing plaintiffs, including injunctive relief, actual damages, or the defendant’s profits from the infringement. Whether a defendant intended to infringe a plaintiff’s trademark is relevant to a court’s consideration of the relief to which a plaintiff is entitled. But some courts went further holding that a defendant could be required to disgorge profits for claims under 15 U.S.C. § 1125(a) only after the plaintiff has demonstrated that the defendant willfully infringed its trademark. In its April 23, 2020 opinion in Romag Fasteners, Inc. v Fossil, Inc. et al, No 18-1233, which can be found here, the Supreme Court rejected that opinion holding that a “plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award.”
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insightOn Wednesday night, President Trump signed a presidential proclamation (the “proclamation”) that will temporarily suspend the entry of certain immigrants for an initial sixty (60) day period. This suspension will go into effect at 11:59 P.M. EDT on April 23, 2020.
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insightMany businesses have joined the scramble that has taken place during the last weeks to secure a Paycheck Protection Program (PPP) loan.
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insightThe COVID-19 pandemic has placed long-term care facilities at the forefront of an unprecedented battle to maintain heightened infection control standards while also managing limited resources.
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insightOn Sunday, April 19, 2020, the Centers for Medicare & Medicaid Services (CMS) announced it will be issuing a new rule on COVID-19 reporting requirements with possible penalties for nursing homes that fail to comply. 42 CFR 483.30 and the Centers for Disease Control and Prevention (CDC) guidance already mandate that nursing homes must notify state or local health departments regarding positive or suspected COVID-19 cases within the facilities. Previously, reporting to the CDC has been optional.
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insightOne of the most common questions being asked of estate planning attorneys lately is: “Is it possible to sign my will during the COVID-19 quarantine?”
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insightWe recently provided a summary of EPA’s guidance entitled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.
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insightEarlier this month, Williams Mullen reported that the CARES Act would provide $100 billion in relief funds to skilled nursing facilities, hospitals and other health care providers on the front lines of the COVID-19 response.
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insightWilliams Mullen is pleased to announce that seven attorneys have been selected to the 2020 Washington D.C. Super Lawyers list. No more than five percent of the lawyers in a state are named to Super Lawyers.
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insightMany employers are making the difficult decision to place employees on a temporary furlough or to implement more permanent layoffs or a reduction-in-force. Employers should be aware of the impact these actions have on the employee benefit programs offered to the affected employees.