1. What are the legal issues relating to marketing through social media?
2. What are the benefits to an employee and employer employment agreement?
3. What are the publicity rights, and what are some of the issues that may arise in the case of fashion designers who are closely associated with their fashion brand?
4.How do I learn about local and state zoning laws?
5.Any current law debates? How can I find out?
6.If a space is rented, who is responsible for the liability insurance in the event a customer has an accident
inside the store - who is responsible outside the store.
7.Largest legal challenge to opening my own retail business? What are the legal issues I need to be aware of?
8.What area the labor and employment law considerations as they relate to the fashion industry; what area the fundamental issues related to working conditions, wages and hours, and child labor and the use of independent contractors (such as sales representatives).
9.What is the procedure for verifying the name that I wish to use for my store to ensure the name is not registered by another store
10.What is the best way to set up a banking account, business and personal together or separate? advantages and disadvantages of each.
Ruling the Law with Katie Goldberg
Q: What are the legal issues relating to marketing through social media?
A:There are many 1st amendment issues regarding marketing through social media. First, sometimes marketing campaigns are too sexual or violent, therefore triggering the government to invoke its police power and stop the ads from happening. But this is a first amendment problem because it prohibits free speech. Copyright-many marketers try to copyright their ideas and others try to as well. Privacy-some marketers target people based on what they google, thus there is an issue with whether this type of marketing is an invasion of privacy protected through the due process clause of the 14th amendment.
Q: What are the benefits to an employee and employer employment agreement?
A:1. Often times, these agreements contain arbitration clauses specifying how employees can sue in the fact that they do. This helps keep the process organized, but this is often more beneficial for employers.
2. Employees understands their rights and terms of employment.
3. Certain limitations on what employees and employers can and can not do.
Q: What are the publicity rights, and what are some of the issues that may arise in the case of fashion designers who are closely associated with their fashion brand?
A: Publicity rights are those that come from marketing your product. For example, Vanna White has publicity rights to her character because she created this. Someone can not come along and be just like Vanna White. Some issues that might arise are when the brand has publicity rights w/the designer-kind of like Betsy Johnson how she really crafted her style so thats her own to which it is a right. However, it is hard to determine where to draw the line-Johnson's works are her right-thats not really her personality, whereas Vanna is entitled to her personality.
Q:How do I learn about local and state zoning laws?
A:Public research; The local and state laws will be on the nevada government law website.
Q:Any current law debates? How can I find out?
A:Yes, look on the New York Times.com website under opinion columns. Also, look to local newspapers and websites. There are law debates re healthcare, 1st amendment issues, gun control.
Q:If a space is rented, who is responsible for the liability insurance in the event a customer has an accident inside the store - who is responsible outside the store.
A:You would need to look at the terms of the store's insurance policy. Often, the store would be liable if it was not the customer's fault at all (there was water on ground). If it happens outside the store you need to see who owns the area outside the store.
Q:Largest legal challenge to opening my own retail business? What are the legal issues I need to be aware of?
A:Insurance. Make sure to insure your business from malpractice. Put it into a limited liability partnership so you are not liable for anything that happens. You need to be aware of fair labor practices, contract law-make sure u explain all terms of the employee-employer offers, you also need to understand the laws on marketing.
Q:What area the labor and employment law considerations as they relate to the fashion industry; what area the fundamental issues related to working conditions, wages and hours, and child labor and the use of independent contractors (such as sales representatives).
A:Make sure you have reasonable wages. Make sure to put these wages in contracts btwn employer and employee. Sales representatives must be disclosed as a sales representative. Make sure to put that they are solely sales representatives in the marketing and ad campaigns for your store.
Q:What is the procedure for verifying the name that I wish to use for my store to ensure the name is not registered by another store?
A:Look at nevada public records site to make sure that no one else has the name.
Q:What is the best way to set up a banking account, business and personal together or separate? advantages and disadvantages of each.
A:SET them up SEPARATE. Make sure your business is a limited liability partnership. Comingling of assets is confusing and can get messed up. Also ,if u co mingle this could be used against u by saying the business was used for personal reasons which is bad when u have a LLP and u don't want to be held personally liable if the business messes up.
Week 5 EOC: Hands off MY internet
The internet today is one of the most used tools in the world in every area of business. Many use the internet for entertainment, which it can be, but the power of the "www." shouldn't be underestimated. As time continues not only are business's understanding the power of the internet, so is the government.
1.) We’re in the middle of an epic battle for power in cyberspace. On one side are the traditional, organized, institutional powers such as governments and large multinational corporations. On the other are the distributed and nimble: grassroots movements, dissident groups, hackers, and criminals. Initially, the Internet empowered the second side. It gave them a place to coordinate and communicate efficiently, and made them seem unbeatable. But now, the more traditional institutional powers are winning, and winning big. How these two sides fare in the long term, and the fate of the rest of us who don’t fall into either group, is an open question—and one vitally important to the future of the Internet.
federal security puts the power in the hands of internet companies and like many before them act in self interest by using their relationship with the government to increase profits. The effect trickles all the way down to the Mass population. Facebook is no longer just a place to chat with college buddies, its a advertising battle field and government tracking system.
2.) There is more government surveillance than ever before. There is more government censorship than ever before. There is more government propaganda, and an increasing number of governments are controlling what their users can and cannot do on the Internet. Totalitarian governments are embracing a growing “cyber sovereignty” movement to further consolidate their power. And thecyberwar arms race is on, pumping an enormous amount of money into cyber-weapons and consolidated cyber-defenses, further increasing government power.
It is interesting to see in years to come the where it will end. As I do have anything to hide and don't care if the government knows I checked in at Panera Bread for a quick lunch, there has to be limits developed as the right of privacy is essential.
Citations:
1.)http://www.theatlantic.com/technology/archive/2013/10/the-battle-for-power-on-the-internet/280824/
2.)http://www.theatlantic.com/technology/archive/2013/10/the-battle-for-power-on-the-internet/280824/
Week 10: Lawyer Jokes
Question and answer jokes
A: You can't get a finger between the rope and his neck!
Q: If you are stranded on a desert island with Adolph Hitler, Atilla the Hun, and a lawyer, and you have a gun with only two bullets, what do you do?
A: Shoot the lawyer twice.
Q: How can you tell when a lawyer is lying?
A: His lips are moving.
Q: What's the difference between a dead dog in the road and a dead lawyer in the road?
A: There are skid marks in front of the dog.
Q: Why won't sharks attack lawyers?
A: Professional courtesy.
Q: What do you have when a lawyer is buried up to his neck in sand?
A: Not enough sand.
Week 8 EOC: Bratz Brawl
On Tuesday January 29th 2014, The greatest IP battle concludes. Mattel (Barbie) and MGA Entertainment (Bratz), have spent most of the past decade in various courtrooms battling out for the answer for the question of Which Company is entitled to the Bratz millions?
When former mattel employee left the company and created the most serious threat barbie has ever faced Mattel was not going to sit back and do nothing seeing that the designer was still being employed by Mattel at the time of the design. Mattel pressed on to sue the former employee as they felt entitled to the profits.
1.) From that point on it went from bad to worse to farcical. At one point, the court ordered MGA to turn over all future plans for the Bratz line, which was then reversed, which was reversed by a lower court, which was re-reversed by the original court. This led to counterclaims flying from both directions and the last we had heard, Mattel, which had originally filed the suit, was being hit with a judgment for $309 million in damages, including MGA's court fees. Adding that together with Mattel's legal expenses, and this fight over dolls put Mattel on the hook for nearly $700 million.
8 years later the courts finally reaches the following conclusion that many view only profitable for the lawyers:
2.) The long-running IP war between Mattel Inc. and MGA Entertainment Inc. over the Bratz line of dolls has ended — for now — with zero damages.
The U.S. Court of Appeals for the Ninth Circuit on Thursday laid waste to Bratz maker MGA's $170 million trade secret award — an award procured on retrial after the appeals court wiped out Barbie maker Mattel's $100 million copyright verdict and constructive trust.
But MGA gets the last laugh. The Ninth Circuit left untouched $137 million in attorney fees and costs awarded to MGA for defending against Mattel's copyright claims.
Although MGA wont be collecting any additional damages but their legal team will live on to fight another day. CEO Isaac Larian promised to retry the company's trade secret claims to a new jury. Larian sourly quotes the following:
3.)"We are confident that when the second jury hears about Mattel's sneaking into our showrooms and egregious theft of scores of our secrets over the years, they will be even more appalled than the first jury and award MGA even greater damages," he said in the statement.
When former mattel employee left the company and created the most serious threat barbie has ever faced Mattel was not going to sit back and do nothing seeing that the designer was still being employed by Mattel at the time of the design. Mattel pressed on to sue the former employee as they felt entitled to the profits.
1.) From that point on it went from bad to worse to farcical. At one point, the court ordered MGA to turn over all future plans for the Bratz line, which was then reversed, which was reversed by a lower court, which was re-reversed by the original court. This led to counterclaims flying from both directions and the last we had heard, Mattel, which had originally filed the suit, was being hit with a judgment for $309 million in damages, including MGA's court fees. Adding that together with Mattel's legal expenses, and this fight over dolls put Mattel on the hook for nearly $700 million.
8 years later the courts finally reaches the following conclusion that many view only profitable for the lawyers:
2.) The long-running IP war between Mattel Inc. and MGA Entertainment Inc. over the Bratz line of dolls has ended — for now — with zero damages.
The U.S. Court of Appeals for the Ninth Circuit on Thursday laid waste to Bratz maker MGA's $170 million trade secret award — an award procured on retrial after the appeals court wiped out Barbie maker Mattel's $100 million copyright verdict and constructive trust.
But MGA gets the last laugh. The Ninth Circuit left untouched $137 million in attorney fees and costs awarded to MGA for defending against Mattel's copyright claims.
Although MGA wont be collecting any additional damages but their legal team will live on to fight another day. CEO Isaac Larian promised to retry the company's trade secret claims to a new jury. Larian sourly quotes the following:
3.)"We are confident that when the second jury hears about Mattel's sneaking into our showrooms and egregious theft of scores of our secrets over the years, they will be even more appalled than the first jury and award MGA even greater damages," he said in the statement.
Citations:
1. http://www.techdirt.com/articles/20121019/17344420768/its-finally-over-8-years-mattel-vs-bratz-no-ones-getting-paid-lawyers.shtml
Week 7 EOC: Las Vegas Lawyers
10 Potential Lawyers for Final Project:
Goldstein Law Offices, P.C.
Intellectual Property Lawyers Serving Las Vegas, NV (NationWide)
www.goldsteinpatentlaw.com
Watson Rounds
Intellectual Property Lawyers serving in Las Vegas
www.watsonrounds.com
Preston Sterling Kerr
Intellectual Property Lawyers serving in Las Vegas
www.sterlingkerrlaw.com
Colucci &Umans
Intellectual Property Lawyers serving in Las Vegas
www.colucci-umans.com
Nevada Law Group, Ltd.
Contracts Lawyers in Las Vegas
www.nevadalawgroup.com
Hays, McCibb, Rice and Pickering, P.C.
Contracts Lawyers in Las Vegas
www.haysmcconn.com
Atkinson & Watkins, LLP
Contracts Lawyers in Las Vegas
www.atkinsonwatkinslaw.com
Rosenfeld & Associates
Contracts Lawyers Las Vegas
www.lawrosen.com
Bowler Dixon & Twitchell LLP
Cintracts Lawyers in Las Vegas
www.bdtlawyers.com
Esteban-Trinidad Law, P.C
Contracts Lawyers in Las Vegas
www.Itrinidadlaw.com
SOURCE USED TO FIND THESE RESOURCES:
www.findlaw.com
Goldstein Law Offices, P.C.
Intellectual Property Lawyers Serving Las Vegas, NV (NationWide)
www.goldsteinpatentlaw.com
Watson Rounds
Intellectual Property Lawyers serving in Las Vegas
www.watsonrounds.com
Preston Sterling Kerr
Intellectual Property Lawyers serving in Las Vegas
www.sterlingkerrlaw.com
Colucci &Umans
Intellectual Property Lawyers serving in Las Vegas
www.colucci-umans.com
Nevada Law Group, Ltd.
Contracts Lawyers in Las Vegas
www.nevadalawgroup.com
Hays, McCibb, Rice and Pickering, P.C.
Contracts Lawyers in Las Vegas
www.haysmcconn.com
Atkinson & Watkins, LLP
Contracts Lawyers in Las Vegas
www.atkinsonwatkinslaw.com
Rosenfeld & Associates
Contracts Lawyers Las Vegas
www.lawrosen.com
Bowler Dixon & Twitchell LLP
Cintracts Lawyers in Las Vegas
www.bdtlawyers.com
Esteban-Trinidad Law, P.C
Contracts Lawyers in Las Vegas
www.Itrinidadlaw.com
SOURCE USED TO FIND THESE RESOURCES:
www.findlaw.com
Week 6 EOC: The Prayer
Prayer in Politics?
The Supreme Court, which heard a case last week aimed at banning prayer from government meetings, should allow it to continue, according to a Wall Street Journal editorial.
(1.) "At stake is the survival of what the lawyers call 'legislative prayer,' and whether the courts should be in the business of deciding what kind of prayers pass muster," the Journal said Sunday.
In the case before the court last week, two women sued the town of Greece, N.Y., over a short prayer offered by a rotation of local religious leaders before the start of town board meetings.
The plaintiffs suggested that the prayers represent a government sanctioning of religion. The Second Circuit Court of suggested greed.
(2.)"By the court's logic, the First Amendment's dictate that 'Congress shall make no law respecting an establishment of religion' means ending voluntary prayers that are led by citizens, unless those prayers are inclusive of the vast majority of world religions," the Journal said in reference to the case."
(3.)"Count us skeptical that the courts should examine the content of every prayer held at a town board meeting or judging whether a prayer could be considered too 'religious.'"
So, the question is ;
(1.) "At stake is the survival of what the lawyers call 'legislative prayer,' and whether the courts should be in the business of deciding what kind of prayers pass muster," the Journal said Sunday.
In the case before the court last week, two women sued the town of Greece, N.Y., over a short prayer offered by a rotation of local religious leaders before the start of town board meetings.
The plaintiffs suggested that the prayers represent a government sanctioning of religion. The Second Circuit Court of suggested greed.
(2.)"By the court's logic, the First Amendment's dictate that 'Congress shall make no law respecting an establishment of religion' means ending voluntary prayers that are led by citizens, unless those prayers are inclusive of the vast majority of world religions," the Journal said in reference to the case."
(3.)"Count us skeptical that the courts should examine the content of every prayer held at a town board meeting or judging whether a prayer could be considered too 'religious.'"
So, the question is ;
What should the judgment standard be?
Is there a prayer Christians, Jews, Muslims, Buddhists, Hindus, and all various religions can agree upon?
American was based on freedom of religion, not the forcemeat singular religion.
Blog Source:
Week 4 EOC: What is Copyright?
Many have heard of copyright, but few grasp the importance. Studying and working in the field of creativity and design it is extremely important to be educated on how to product your work.
What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.(1)
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.(1)
As a creative designer a specific form of copyright to be aware of is intellectual property:Intellectual Property refers to products that come from the creative mind. Intellectual property is imaginateion made real. Intellectual property is an asset just like your home, your car, or your bank account. Intellectual Property protection comes in the forms of:
Patents, copyright, trademarks, or trade secrets. (2)
Understanding the complexity of copyright laws can be challenging; different situations refer to a different laws and forms of protection.
CITED BLOG SOURCES
1.) U.S. Copyright Office
http://www.copyright.gov/help/faq/faq-general.html
2.) Understanding Intellectual Property: By Mary Bellis
http://inventors.about.com/od/patenttrademarkcopyright/u/Intellectual_Property.htm
3.) Copyright on a Napkin
http://www.thewavingcat.com/2007/07/19/copyright-on-a-napkin/
Week 3 EOC: PG&E
How much money is your health worth?
In 1952 The small town of Hinkley California, located in the Mojave Desert, had its groundwater contaminated with hexavalent chromium. After many illnesses and deaths due to the intoxication, the situation ending up resulting in a multimillion dollar legal settlement against Pacific Gas and Electric in 1996. The case was then dramatized in the Julia Roberts film Erin Brockovich who was the real life legal assistant that dug up all the dirt on PG&E making the settlement possible. all together a estimated 1,100 All together a estimated 1,100 people has serious effects due to PG&E that no amount of money can ever account for.
PG&E was not only aware of the horrible effects that followed the use of chromium to the local residents but insinuated through the use of flyers that it could Benefit you health. The following was puled from the original PG&E FLYER
Chromium occurs in HYPERLINK "http://www.clwa.org/chromium.htm" \t "_blank" two forms. The form that is present in groundwater can cause health effects in high doses. The cleanup program, however, will result in chromium levels that meet the very conservative drinking water standards set by the EPA. In addition, the form of chromium that will be left on soils after irrigation is nontoxic. In fact, chromium in this form is a naturally occurring metal that is an essential ingredient in the human diet, one that is often included in multiple vitamin/mineral supplements.
Reading these words, one could reasonably think PG&E's hexavalent chromium was almost beneficial. Failure to properly identify the dangerous type of "chromium" it had dumped into the environment wasn't PG&E's only omission. The flyer made it sound like detection of contamination at the compressor station was a new development. It wasn't. PG&E first knew about plant contamination by at least 1965. (1)
PG&E did pay a multimillion dollar price for their actions but in reality no cost can compensation what the people had endure. "It wasn't just the people who lived by the (PG&E) plant who were affected but everyone living in Hinkley," said Stephen Wainer, an attorney for the defendants. (2) This case is pure cruelty the workers and local residence trusted PG&E, in the end got a some money and a life long fight for their health. Putting profits over humanity is a typical and depressing level of greed.
The case has become a landmark for other plaintiffs whose "Preconception" injuries would previously have been completely disregarded. (3) I can only hope this case continues to be a rock in the justice system, hoping that something positive could come from it.
CITED BLOG LINKS:
1.Erin Brockovich(Anderson v Pacific Gas & Electric)
HYPERLINK "http://www.awesomestories.com/content/about_author.htm" \t "_blank" Author: Carole D. Bos, J.D.
2.PG&E Settles final lawsuits over chromium 6 poisoning; Associated press
http://www.dailynews.com/20080404/pge-settles-final-lawsuits-over-chromium-6-poisoning
http://www.dailynews.com/20080404/pge-settles-final-lawsuits-over-chromium-6-poisoning
3.Erin Brockovich(Anderson v Pacific Gas & Electric)
HYPERLINK "http://www.awesomestories.com/content/about_author.htm" \t "_blank" Author: Carole D. Bos, J.D.
Week 2 EOC: The Supreme Court
THE UNITED STATES SUPREME COURT
The constitution of the United States of America clearly outlines in Article III the role of the Supreme Court.The Supreme Court has a special role to play in the United States system of government. The Constitution gives it the power to check, if necessary, the actions of the President and Congress.(1) The court is essential in american government as all major political issues pass through this system. Abortion is a current and heated issue in the Supreme Justice Court.
Supreme court case 410 U.S. 113 Roe V. Wade, appeal from the United States District Court for the Northern District f Texas, demonstrates the issue of abortion clearly: A pregnant single woman (Roe) brought a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life. A licensed physician (Hallford), who had two state abortion prosecutions pending against him, was permitted to intervene. A childless married couple (the Does), the wife not being pregnant, separately attacked the laws, basing alleged injury on the future possibilities of contraceptive failure, pregnancy, unpreparedness for parenthood, and impairment of the wife's health. A three-judge District Court, which consolidated the actions, held that Roe and Hallford, and members of their classes, had standing to sue and presented justiciable controversies. Ruling that declaratory, though not injunctive, relief was warranted, the court declared the abortion statutes void as vague and overbroadly infringing those plaintiffs' Ninth and Fourteenth Amendment rights. The court ruled the Does' complaint not justiciable. Appellants directly appealed to this Court on the injunctive rulings, and appellee cross-appealed from the District Court's grant of declaratory relief to Roe and Hallford.(2) Like all cases it is a sensitive issue, I personally feel every woman has the right to her body. Many take abortions to lightly, but the only woman living the situation and has a full understanding is the woman carrying the new born. I believe it is against the constitution to outlaw abortions.
The Supreme Court in America adjudicates on acts passed through the political system by Congress and President. The Supreme Court's task is to declare whether an act is constitutional or unconstitutional. The Supreme Court cannot initiate a bill/act - it can only adjudicate. Presidents appoint Supreme Court judges and the Court was to play a part in the outcome of the Election.(3) It is such a process when developing the court system because like the Roe v. Wade case parties involved are faced extremely challenging cases that required knowledge and a deep understanding on the American foundation.
BLOG CITATIONS LINKS:
1. The Role of the Supreme Court
Week 1 EOC: The Voice
“Fashion is not something that exists in dresses only. Fashion is in the sky, in the street, fashion has to do with ideas, the way we live, what is happening.” A quote by the wonderfully famous coco chanel that I live by. My name is Brittany Norris and I am fashion. I have had the opportunity to work with designers and companies such as BCBGMaxazria, Michael Kors, Saks 5th Avenue and currently Tory Burch. Watching the retail process is remarkable . A incredible amount of work goes into developing the collections we see and love on the selling floor. Many consumers are unaware of how much hard work, dedication, and most importantly passion, it takes to make the retail world spin round.
I have years of experience as well as a education in retail management from Art Instuite of Las Vegas all preparing me for my ultimate goal of being a retail buyer. Being a buyer is by no means a simple job. Working with deadlines, vendors, budgets, and the unexpected, is stressful as well as demanding. I am going to be a buyer because I understand the importance of the job. I would love nothing more then to be able to decide what products are going to best benefit the consumers and do everything possible to deliver.
The psychology of understanding the why behind the buy is the motivation for my fashion career. I am a detail oriented, trend savy, passionately focused individual which is why my dream will eventually become a reality.
I have years of experience as well as a education in retail management from Art Instuite of Las Vegas all preparing me for my ultimate goal of being a retail buyer. Being a buyer is by no means a simple job. Working with deadlines, vendors, budgets, and the unexpected, is stressful as well as demanding. I am going to be a buyer because I understand the importance of the job. I would love nothing more then to be able to decide what products are going to best benefit the consumers and do everything possible to deliver.
The psychology of understanding the why behind the buy is the motivation for my fashion career. I am a detail oriented, trend savy, passionately focused individual which is why my dream will eventually become a reality.
Subscribe to:
Posts (Atom)