World’s Largest Copy Machine Generates Copyright Damages

World’s Largest Copy Machine Generates Copyright Damages

The founder of Wired Magazine, Kevin Kelly, observed that “The internet is the world’s largest copy machine.” This giant copy machine is easy to operate and explosively expands copying. In addition, technology such as software apps and camera phones create a constant stream of images and other content. Amid this radical change, the law of

‘Tis the Season for Plagiarism Cases

‘Tis the Season for Plagiarism Cases

‘Tis the season when students return to their classrooms, write their final papers and cram for exams. Students also face the additional worry of conforming to the rules and ethics of “academic honesty” and avoiding plagiarism. Plagiarism can result in punishment – including expulsion – for students, grad students, or faculty members. If you are

Medical Marijuana Approved in Missouri

Medical Marijuana Approved in Missouri

On November 6, 2018, the citizens of Missouri approved Amendment 2, legalizing medical marijuana. Missourians who wish to open medical marijuana dispensary facilities, cultivation facilities, testing facilities, marijuana-infused product manufacturing facilities, or those who wish to apply for an ID card allowing medical marijuana use, may apply to begin on (or before) July 4, 2019.

Taglines – Trademark, Copyright or Neither?

Taglines – Trademark, Copyright or Neither?

Taglines — short phrases associated with a product – are important parts of marketing. There are many famous and effective registered taglines: “We try harder;” “Just do it,” “Double Your Pleasure,” “Think Different,” “What’s in Your Wallet?” Taglines, like all good trademarks, enhance the connection between the consumer, the product and the source of the

DHS Releases Report Addressing Security Threats in Ag Tech

DHS Releases Report Addressing Security Threats in Ag Tech

The Department of Homeland Security (DHS) recently released a report entitled “Threats to Precision Agriculture” regarding Ag Tech. The report addresses the security threats related to the adoption and impact of new digital technologies in crop and livestock production, highlights the potential vulnerabilities arising from using precision agriculture, identifies potential threat scenarios, and possible best

SEC: Cybersecurity Procedures Must be Reasonably Designed to Fit Specific Business Models

SEC: Cybersecurity Procedures Must be Reasonably Designed to Fit Specific Business Models

The Securities and Exchange Commission recently announced that a Des Moines-based broker-dealer and investment adviser has agreed to pay $1 million to settle charges related to its failures in cybersecurity policies and procedures surrounding a cyber intrusion that compromised personal information of thousands of customers. This is the latest SEC action demonstrating that cybersecurity must be tailored to the practices of the business.

The SEC charged Voya Financial Advisors Inc. (VFA) with violating the Safeguards Rule and the Identity Theft Red Flags Rule, which are designed to protect confidential customer information and protect customers from the risk of identity theft.  This is the first SEC enforcement action charging violations of the Identity Theft Red Flags Rule.

CFTC Dealt Blow in Retail Commodity Transactions Case

CFTC Dealt Blow in Retail Commodity Transactions Case

On Tuesday, a Central District of California court dismissed the CFTC’s complaint against Monex Credit Company, et al., 17-01868, rejecting the CFTC’s controversial “actual delivery” argument set forth in CFTC v. Hunter Wise Commodities, LLC, 749 F3d 967, 970 (11th Cir. 2014). The CFTC, argued that Monex allegedly failed to actually deliver precious metals to its customers because the

CFTC Charges New Yorker in Binary Option CPO Fraud

CFTC Charges New Yorker in Binary Option CPO Fraud

Recently, the CFTC filed an action against Kevin Scott Antonovich alleging from September 2015 through August 2016 he fraudulently solicited and received approximately $284,000 from at least 154 pool participants in connection with pooled investments in off-exchange binary options, using the funds for his personal use, and making false and misleading representations to pool participants. A

Kennyhertz Perry, LLC Welcomes Jon R. Dedon

Kennyhertz Perry, LLC Welcomes Jon R. Dedon

Kennyhertz Perry, LLC is excited to welcome attorney Jon R. Dedon to the firm.  Jon has devoted his career to appellate, real estate, corporate, and transactional law, and has substantial litigation experience in professional liability, employment, and commercial litigation. He has defended numerous products liability, consumer protection, and discrimination lawsuits, and has represented clients ranging from small

Braden Perry Discusses ICO Regulation and the SEC

Braden Perry Discusses ICO Regulation and the SEC

Braden Perry, a former federal enforcement attorney who is now a regulatory and government investigations attorney with Kennyhertz Perry, discussed the complex issue of Initial Coin Offering (“ICO”) compliance and the SEC’s recent regulatory crackdown with Forbes. “The regulatory treatment is still unclear for cryptocurrency, including at the ICO stage.” He continues,  “It seems as if