Five Steps to Control Legal Risk

Benjamin Franklin coined the axiom that an ounce of prevention is worth a pound of cure. In the 1970s, Fram oil filters used the advertising jingle of “Pay me now or pay me later” to tout buying a $4 oil filter regularly to prevent having to replace an engine later on. Taking a small amount of time to address a potential problem up front will often save a substantial amount of time and money down the road. This is as true in the legal and compliance world as it is in the healthcare and automotive fields. Here are five steps your business can take to help control legal risk:

Losey PLLC Controlling Legal Risk Infographic 2.10.19

Compensation History Laws: State by State

What you can- and can't- ask about a potential hire's pay history is in flux. A patchwork of laws on pay history issues are popping up across the country. Check out our informational chart showing various state and local laws on pay history issues.

Losey Compensation History Laws

Trademark Rights

Contrary to popular belief, you do not need to register a trademark to have rights in the mark. Rights in a trademark arise in the United States from use of the mark. What is a trademark?  A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.  Marks typically protect brand names and logos used on goods and services.

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Employer Duties to Protect Employee Data

Do employers have a duty to protect their employee’s data? In Dittman v. UPMC, the Pennsylvania Supreme Court determined, among other things, that the defendant employer had a duty to use reasonable care in protecting employee data. See __ A.3d __, No. 43 WAP 2017 (Pa. 2018). Dittman concerned a data breach that allegedly compromised the personal information of employees and former employees of the defendant. The defendant required employees to provide this personal information as a condition of employment. The claims asserted, among other things, that the defendant was negligent by not taking appropriate steps towards safeguarding employees’ sensitive information.

Read more: Employer Duties to Protect Employee Data