copyrightofficeDo you have a patent or trademark under Section 9 that is about to expire? If so, you likely need to prepare for renewal soon. If you do not take the appropriate steps to renew your trademark, the U.S. Patent and Trademark Office (USPTO) will ultimately cancel your registration, thereby allowing others to profit off of your previously held trademark.

Registered trademarks must be renewed every 10 years in a process called a Section 9 filing. Renewals do come at some expense—currently, it costs $400 for renewal in each class in which you’re filed. However, after successfully filing your application and paying the fee, your trademark is covered for the next decade. In other words, it is a one-time fee that keeps you protected for years into the future.

You may conduct the renewal process through the USPTO website using an electronic filing system. There, you will enter in all of the required data, submit your credit card information and some photographs and receive confirmation of your application via email.

Completing the application in a timely manner

One of the most important aspects of the renewal process is making sure you abide by all of the dates associated with it. If you miss any of these dates, the USPTO may decide to cancel your registration and toss out your application for renewal.

All of the dates for renewal are measured by starting at the date your trademark registration was issued to you, and not from the filing date. This is important to keep in mind as you begin the process. You are allowed to begin filing for a renewal exactly nine years after your trademark registration was first issued.

The following is an example of a list of dates of which you’ll need to keep track. For the purpose of this example, let’s say your trademark registration was issued on May 20, 2015.

  • Earliest date you will be allowed to file for your first renewal: May 20, 2024
  • Due date of the first renewal: May 20, 2025
  • Last possible date to file your first renewal while paying extra fees: November 20, 2025

The time between the due date of your first renewal and the due date that would involve extra fees essentially gives you a six-month grace period if you were for some reason delayed in filing your renewal or simply did not remember to do so in a timely manner. The extra fees you have to pay vary based on the year and the circumstances involved in your renewal.

Considering all this, it is highly recommended that you file your renewal relatively early so that you can avoid these extra fees and address any potential complications that might arise with your application. Should there be a problem, you do not want to run the risk of losing your registration because you do not have enough time left to correct and re-file.

To ensure the success of your renewal application and prevent unnecessary headaches, consult an experienced civil litigation and intellectual property lawyer.

 

Steven K. Hardy is Chair of the BoltNagi Intellectual Property Practice Group.  BoltNagi is a widely respected and well-established intellectual property and business law firm proudly serving individuals, businesses and organizations throughout the U.S. Virgin Islands.

VC ImageWith the rise of cutting-edge technology, it is becoming more common than ever for businesses to have individual workers or teams working remotely across numerous different locations. Here at BoltNagi, we have attorneys based in the U.S. mainland and working from home in the U.S. Virgin Islands.  There are certainly some challenges associated with these setups, especially in terms of communication and organization, but with strong practices and accountability, organizations can continue to thrive, even when they are decentralized.

The following are a few tips to help provide some structure and organization to your business when some or all of your employees work remotely:

Make sure you have the technology you need

This is important both in terms of communication and fulfillment. All workers should have reliable Internet and telephone access. Videoconferencing software may also be of great use, depending on how you prefer intra-office communication amongst employees.

On the fulfillment side, you should not solely rely on email in 2016. Having a project management tool like Basecamp can help your entire staff better coordinate work, while the use of cloud software such as Google Drive or Google Docs allows for simple collaboration across multiple locations.

Make an effort to meet face-to-face when possible 

Even the best technology will not create the types of relationships and working environment that a centralized location can. Thus, make it a point to get everyone together once a month, once every few months or once a year—depending on how spread apart you are and what works best for your business. Having that time to bond in person is valuable to the health of your organization and its people.

Understand that not everyone is capable of working remotely

It takes a lot of self-control and a very specific temperament to be successful in a remote working environment. Even someone who is extremely qualified for the position might not necessarily be at his or her best when not working in an office setting. Look for people who are excited about their work and who demonstrate a clear ability to make progress and do great things without a significant amount of managerial oversight.

Leaders need to adjust their styles for remote workers

Business leaders need to regularly check in with remote staff members, even more often than they do when their staff is just down the hall. Make sure that these check-in calls offer employees a chance to give their feedback, as well.

Realize people will question your model

Even though remote workplaces and online businesses are becoming more common than ever before, they are still not the norm. There will be plenty of people who don’t understand how a business of your model could actually succeed. Don’t shy away from your model—embrace it, and make sure potential clients understand that you are capable of doing excellent work no matter where you and your employees are located.

For more information on potential legal issues related to remote business models, consult a knowledgeable labor and employment attorney in the U.S. Virgin Islands today.

 

Ravinder S. Nagi is Chair of the BoltNagi Labor & Employment Practice Group. BoltNagi is a widely respected and well-established labor and employment firm proudly representing management clients throughout the U.S. Virgin Islands.

corporateformalitiesThe U.S. Equal Employment Opportunity Commission (EEOC) recently released a new Proposed Enforcement Guidance on Retaliation and Related Issues. This proposed guidance specifically includes attempts to expand the scope of the participation clause and the definition of protected opposition conduct.

These proposals represent a shifting viewpoint on the part of the federal agency. Let’s take a closer look at these two particularly important elements of the proposal.

Expanding the participation clause

To be able to prove retaliation existed, plaintiffs must be able to show they engaged in “protected activities,” which consist of either “opposition activities” or “participation activities.” Under the proposed enforcement guidance, what is classified as a participation activity would be expanded.

This potentially could be troublesome for employers. Many American courts have consistently held for years that filing a complaint internally before filing an agency discrimination charge is considered an opposition activity, not a participation activity. This new guidance would represent a departure from this long-held understanding. Any internal complaint would, under the new rules, be considered participation activity—even if there has not been an EEOC charge filed.

To that end, there could be situations in which employees who make meritless or bad faith claims out of malice would still be protected from retaliation.

Defining protected opposition conduct

The new EEOC guidance proposal also implements a broader definition of opposition conduct in the world of employment law. Generally, opposition conduct is the subject of significantly more litigation than participation conduct. It involves any conduct in which an employee opposes a practice of their employer that is unlawful. This could include providing eyewitness accounts, participating in EEO proceedings and filing discrimination lawsuits.

The new definition of protected opposition conduct includes the following scenarios:

  • Accompanying coworkers to human resources offices to file EEO complaints internally;
  • Complaining to management about instances of discrimination against other workers;
  • Refusal to follow orders from supervisors to fire a worker for discriminatory reasons;
  • Engaging in any sort of slowdown of production, including picketing or petitioning; and
  • Informing an employer about one’s intention to file an EEOC charge

This expanded definition of opposition activities protects all employees, including EEO advisors and HR professionals.

Employers should be aware of these changes

As the rules governing the definitions of various aspects of employer retaliation are set to change, it is important for employers in the U.S. Virgin Islands to stay up to date with this story. Employers need to understand the types of actions that could land them in legal trouble and make sure they have processes in place at all levels of their organizations to curb potential incidents of retaliation before they occur in the first place.

Reach out to an experienced labor and employment attorney for more information on EEOC guidelines and how they may affect your business or organization.

Ravinder S. Nagi is Chair of the BoltNagi Labor & Employment Practice Group. BoltNagi is a widely respected and well-established labor and employment firm proudly representing management clients throughout the U.S. Virgin Islands.

patent2Although intellectual property disputes represent some of the oldest forms of business litigation, they have seen a spike in recent years across the United States, largely because of the rise of the Internet and the extraordinary proliferation of web-only businesses.

These intellectual property lawsuits are especially prevalent in the technology industry, where a single company could have hundreds or thousands of patents that other businesses infringe upon—perhaps even unknowingly. Apple’s iPhone alone likely involves the use of more than 200 patents, as the U.S. Patent and Trademark Office (USPTO) provides for ownership of general concepts as well as tangible inventions.

A 2013 report from the U.S. Government Accountability Office demonstrated that such cases were reaching record levels in the years leading up to 2011, with no signs of slowing down. There was a 31 percent increase from 2010 to 2011 alone, with nearly 3,500 patent infringement lawsuits filed that year. Additionally, a 2014 paper from the Harvard Business School revealed that a growing percentage of these cases are being brought by non-practicing entities as opposed to operating businesses and organizations.

High-profile examples of intellectual property suits

The following are just a few of the most famous intellectual property claims from the last decade. These cases continue to impact the decisions made in the ever-increasing numbers of such cases courts are seeing today.

  • Amazon’s one-click patent: The USPTO granted Amazon a patent for one-click technology in September 1999. This feature allows customers to make a purchase with just one click rather than having to type in all of their billing and shipping information each time. This technology has been the subject of several disputes over the years, most notably with Barnes & Noble.
  • Google keywords being trademarks: In 2006, Google was sued by Rescuecom, which alleged that the search engine was selling the company’s trademarked name as a keyword to some of Rescuecom’s competitors. Similar claims have been filed by Geico and American Airlines.
  • Napster: The first “huge” internet IP case—and one that set the tone for intellectual property rights online—involved the Recording Industry Association of America’s victory in a suit against the file-sharing service Napster. In the lawsuit, the RIAA alleged Napster did not own the rights to music its users were uploading to be shared with others. Napster ultimately had to shut down and reorganize.
  • The Da Vinci Code: This novel was the talk of the world in the mid-2000s, both for its popularity and for its legal issues. Michael Baigent and Richard Leigh alleged Dan Brown, the author of the book, infringed the copyright of their own book, titled “Holy Blood, Holy Grail.”

If you believe someone has infringed on one of your brand’s trademarks or patents, it is important to take action immediately to prevent further losses. Speak with a skilled USVI intellectual property attorney to determine your best steps moving forward.

BoltNagi is a highly respected and well-established civil litigation law firm based in the U.S. Virgin Islands.

Minimum-Wage-ImageThe U.S. Virgin Islands legislature recently approved an increase of the territory’s minimum wage to $10.50 per hour by the end of 2018.

The bill, which was sponsored by Sen. Jean Forde, has the more immediate impact of hiking the USVI minimum wage from the federal minimum wage of $7.25 to $8.35 an hour 90 days after the bill was enacted. It will then rise to $9.50 an hour on June 1, 2017, and then ultimately to $10.50 on June 1, 2018. Additionally, the new legislation encourages Gov. Kenneth Mapp to appoint nominees to revive the U.S. Virgin Islands Wage Board, a body that has been nonexistent since the 1990s.

Many business owners throughout the territory might be wondering exactly how these steady increases in minimum wage will affect their operations. With many states also increasing their minimum wages in the recent past, we are starting to see answers emerging.

Minimum wage increases happening across the United States

The state of New York made headlines in July 2015 after Gov. Andrew Cuomo announced a plan to increase minimum wage in the state for foodservice employees to $15 an hour over the course of the next several years. For the most part, however, other states that have decided to make changes will not see such dramatic increases.

In 2014 and 2015, the following states approved increases to their minimum wages: Alaska, Arkansas, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Rhode Island, South Dakota, Vermont, West Virginia and the District of Columbia. The only one of them to increase minimum wage to more than $10 per hour was the District of Columbia, where the local minimum wage is now $10.50.

One study from the Congressional Budget Office is applicable to business owners here in the U.S. Virgin Islands. It looked at the impact of raising minimum wage to either $10.10 or $9. In the $10.10 scenario, the report indicates there would be a drastic reduction of workers in the business market as companies cut jobs (500,000 on a national level), but 16.5 million low-wage workers nationwide would receive substantial gains in their average weekly earnings.

This is, obviously, on a much larger scale than what would happen in the U.S. Virgin Islands, but it at least gives us an indication of the potential challenges facing business owners. Employers could be forced to downsize in the wake of the minimum wage increase, but there are still potential benefits for the overall labor market to consider.

Prepare for all potential outcomes

If you own or operate a business, it’s important to be prepared for any of the possible effects of the USVI minimum wage hike. At this point, there is not much precedent to accurately predict the exact impact the increase will have on the territorial economy, but most experts seem to agree that there will at least be some challenges for business owners to overcome in the near future.

You can help prepare for these challenges by consulting a knowledgeable employment law attorney to determine your company’s new obligations under the law.

BoltNagi is an established and respected corporate and labor law firm proudly serving clients throughout the U.S. Virgin Islands.

boilerplateIf you’ve ever had to pore over a contract when engaging in a business transaction, you’ve likely encountered some unfamiliar or unclear language. In all likelihood, this language was what’s called “boilerplate”—standardized legalese that communicates a common concept or provision in a concise manner.

Whether it’s included somewhere in the main body of the contract or grouped together at the end of the document (the “fine print” everyone is encouraged to read but rarely does), boilerplate language is a critical part of a contract. As such, it’s crucially important that you understand what these commonplace phrases actually mean before you sign on the dotted line.

Here’s a closer look at some of the most common provisions with which you will want to be familiar:

  • Arbitration clause: To eliminate the possibility of a lawsuit, many contracts will include a clause indicating that disputes must be settled through arbitration.
  • Attorney fees clause: To discourage frivolous lawsuits and protect against expensive litigation, contracts will frequently include the provision that the losing party pay the winning party’s legal fees.
  • Force majeure clause: This language refers to “acts of God,” such as natural disasters, which can delay or render an agreement impossible to fulfill. A force majeure clause allows the agreement to be temporarily suspended in such a situation.
  • Indemnity provision: An indemnity provision protects one party against costs arising from third-party complaints, disputes or litigation.
  • Integration clause: An integration clause is frequently included in contracts to indicate that the contract represents the final agreement between two parties. In other words, prior verbal agreements are overruled by the contract, and any changes to the agreement have to be in writing.
  • Statute of limitations clause: It is possible to shorten the statute of limitations for bringing suit related to the terms of a contract, although it’s important to note that states and territories may override this clause in certain situations.
  • Waiver and non-waiver: Waiver clauses allow parties to relinquish the right to sue in the event that a particular provision in the contract was breached. A non-waiver clause, meanwhile, protects a party in the event that he or she excused non-compliance with a provision of the contract by allowing for the option to enforce the terms at a later date.

Even though people sign contracts all the time without thoroughly reading them or understanding exactly what they are signing, that doesn’t mean you should—particularly if you’re signing a contract as part of a business transaction. An experienced business law attorney can explain any language in your contract that may be unclear to you, so be sure to consult a legal professional before you proceed.

BoltNagi is a respected and well-established business law firm serving clients throughout the U.S. Virgin Islands.

commercialrenovationMoving your business into a new space can be an exciting prospect. Whether you’re starting a new company or upgrading to a larger or better-located commercial property, you’re likely thinking of all the ways you might modify the space to meet your evolving needs.

If you’re renting the space, however, you will need to be very careful about the types of changes you make, as your landlord may have some ideas about what will or will not be allowed. In fact, it’s a good idea, once you’ve found that dream property, to negotiate the terms of your lease before you sign it in a way that provides you with some flexibility.

What types of changes would you like to make?

When leasing commercial property to tenants, landlords may want varying degrees of involvement in the property in general, and in tenant improvements in particular. A very hands-off landlord may want a tenant to get major renovations approved in advance, but be largely indifferent to smaller or cosmetic changes. Other landlords, however, want to have a say in any and all alterations.

Landlords will ideally communicate their preferences before the lease has been signed, but regardless, you’ll want to carefully note any language in the lease pertaining to improvements and renovations.

The key distinction when referring to tenant improvements and renovations isn’t so much the relative “difficulty” of the job, but rather the degree of impact the proposed changes will have—both on other tenants and on the landlord’s ability to rent or even sell the property in the future. For example, repainting the space or installing a certain type of window treatment will likely qualify as minor alterations, not because the jobs are easy, but because those changes (and the process of making them) won’t impact other tenants in the building and can be easily modified in the future if the tenant moves out.

On the other hand, other types of improvements may create problems for other tenants or have such an impact on the overall structure of the building that they will make the landlord balk at approving them. Knocking out a load-bearing wall, eliminating or adding windows, installing new staircases and removing or altering a characteristic or iconic feature of the building are just some of the changes that might fall under the category of “major.” A landlord will almost certainly require approval for such changes, and may even be reluctant to grant it when asked.

Making sure you understand each other

Due to the potential for miscommunication or misunderstandings when it comes to tenant improvements, it’s extremely important that you and your landlord discuss and arrive at an agreement regarding what types of changes will be permitted with or without approval being required—and which types will be forbidden outright. Failure to understand the clause in your commercial lease pertaining to tenant improvements and renovations may result in potentially costly legal problems with your landlord.

Renting a commercial space requires a clear understanding of your rights as a tenant when it comes to a variety of issues, including tenant improvements. If you have questions or concerns about the terms of your lease, consult a knowledgeable business and real estate attorney.

BoltNagi is a well-established and widely respected business and commercial law firm proudly serving clients in the U.S. Virgin Islands.

When you run a business, you may enter into contracts with other individuals or entities. They could be vendors, distributors, financial service providers, repair technicians or just about any other type of business or organization. You hire them to do a job, and they accept the job with the expectation that they will complete it in a timely fashion according to your needs.

So it would be be nice if everyone who signed a contract adhered to its terms. Unfortunately, it doesn’t always happen.

A breach of contract may range from a material breach—in which one party simply does not fulfill the terms of a contract—to an anticipatory breach, in which it becomes clear that one party will not be able to fulfill its responsibilities as detailed in the contract.

Has there been a breach of contract?

Before you can take action, it’s essential to determine whether there has, in fact, been a breach of contract. Understanding the specific facts of your situation will be important when it comes to resolving the issue. The most basic questions that need to be answered are whether a contract was actually in place, the other party failed to abide by its terms and their failure to do so directly caused your company harm.

Without there being an actual breach, and without there being actual harm inflicted upon your company, you’re not likely to have much success persuading a court that the other party owes you anything. However, even in the event that a breach of contract is clear, the court system should not be the first place you turn for a resolution.

Work with the other party

Initiating a legal battle with another individual or business over breach of contract should really be your last course of action. Instead, if you believe the other party has failed to honor the terms of your contract, and that your business has suffered in some way as a result, get in touch with the other company and explain your concerns. In many cases, the other party will appreciate the show of good faith and will work to right the situation. This also reflects well on your business, as it demonstrates attention to detail and a commitment to conducting business in an open and honest manner.

In the event that the other party still fails to meet the terms of the contract even after you’ve been in touch—or in the event that they maintain there hasn’t been a breach of contract at all—it may be time to seek a legal remedy. A skilled business attorney can answer your questions and help you determine your best next steps when dealing with a breach of contract issue.

BoltNagi is a widely respected and well-established business and corporate law firm proudly serving clients throughout the U.S. Virgin Islands.

h-1b-visa1It’s no April Fools—the United States Citizenship and Immigration Services (USCIS) will begin accepting petitions for H-1B visas on April 1.

As you may know, these visas allow foreign nationals to work in the United States on a temporary basis. An individual may be approved for an H-1B visa for up to three years at a time, for a maximum of six years.

The H-1B visa is a competitive classification, and the USCIS places limits on the number that may be issued in a given year. For fiscal year 2017, which starts on October 1, the cap has been set at 65,000. However, 20,000 additional H-1B visas are available for graduates with advanced degrees from colleges and universities in the United States and its territories.

Competitive process

Not surprisingly, given the limited number of H-1B visas available, the USCIS often receives a larger number of petitions than the agency is able to process. Assuming this is the case for fiscal year 2017, in an effort to ensure a fair awarding of available H-1B visas, the agency will randomly select petitions received during the first five business days in April for processing.

For this reason, employers who aim to hire workers through the H-1B visa process should get their applications prepared so they can be submitted as quickly as possible on or immediately after April 1.

The requirements for an H-1B visa are strict. For starters, H-1B workers must have a relationship with petitioning employers. In addition, the job itself must be classified as a specialty occupation within the individual’s field (this generally means a degree is required). Finally, the proposed wage must be in line with common standards for the industry.

Exceptions to the H-1B visa cap

Fortunately, in some cases, the cap does not apply—meaning that an individual’s ability to work in the United States may not require him or her to compete for an H-1B visa. The cap will not affect a large group of individuals who already have an H-1B visa. In other cases, employees of certain types of institutions do not need to worry about the cap. These include colleges and universities and affiliated nonprofits, along with research organizations affiliated with the government. Nonprofit research organizations are also exempt from the cap.

Given the competitiveness of the process, businesses and organizations looking to hire foreign nationals ought to stay on top of the H-1B visa process to ensure their petitions are filed properly and on time. For further guidance and to help ensure you file your petition on time, speak with an experienced immigration attorney.

BoltNagi is an established and respected immigration law firm serving individuals, businesses and organizations throughout the U.S. Virgin Islands.

jointemployerNew U.S. Department of Labor guidelines issued in January are expected to swell the ranks of companies classified as joint employers, thus subjecting them to the regulations outlined by the Fair Labor Standards Act.

At issue in recent years has been the rise of joint employment, which is a result of the growing use of contract labor, temporary employment agencies and franchising—all of which provide businesses with the workers they need without requiring them to directly employ them. What the Labor Department’s new guidelines call for is for joint employers to be held accountable when workers are not treated properly under the FLSA.

Originally passed in 1938 and amended a number of times in the ensuing decades, the FLSA established and holds employers to standards for matters like minimum wage, overtime pay and youth employment. Until recently, a temporary agency, for example, could pay one of its employees less than minimum wage without the firm for which the person was doing the work being held accountable in any way. The new recommendations from the Labor Department aim to apply joint liability to both employers in such a situation.

Vertical and horizontal employment

The key distinction made by the Department of Labor involves determining whether joint employment exists in a vertical or a horizontal arrangement.

Vertical joint employment occurs when an employee works for a company through a different employer. Perhaps the most common form of vertical employment involves a worker who is technically employed by a staffing agency that serves the company for which the employee is working.

Horizontal joint employment, meanwhile, occurs when an employee works for two separate employers whose businesses are similar and whose management or owners are the same. An example of a horizontal employment situation might involve a service industry worker who is employed part time at two branches of the same company, such as a restaurant, retail store or hotel.

Although the Labor Department’s recommendations do not have the same power as written laws or court rulings, they do provide guidance that lawmakers, courts and employers may use in decision-making going forward—and which they have historically taken very seriously.

Issues related to the FLSA are of considerable importance to employers and employees alike, including in territories like the U.S. Virgin Islands. If you have questions about how the Labor Department’s new guidelines pertaining to joint liability might impact your company, speak with a knowledgeable employment law attorney right away.

BoltNagi is a widely respected and well-established labor and employment law firm serving businesses and organizations throughout the U.S. Virgin Islands.