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May 2021
Welcome to readers of Making the Connection!   
In this issue, you will find: 
  • In Focus : Federal Court Introduces Rapid Mediation Program for Trial-Ready Cases
  • Question of the Month, posing a question to readers about their compliance programs
  • Case on Point, warning readers not to take a page from the Hailey Paige playbook
  • At the Podium, listing my speaking engagements and public appearances
  • Client Corner, spotlighting client events and announcements
In Focus
Federal Court Introduces Rapid Mediation Program for Trial-Ready Cases
During the pandemic, in-person trials were postponed by the federal court for the Eastern District of New York, which includes Long Island, Brooklyn and Queens. Even when trials resume, criminal cases have priority.  To address the backlog of trial-ready cases, the Eastern District has announced a Rapid Mediation Pilot Program under which the parties or judge may refer such cases to mediation. As a member of the EDNY Mediation Panel, I look forward to participating in this program.
Question of the Month

This month's question is posed to my audience:
Q: Are you monitoring the effectiveness of your compliance programs?
A: If you are not, you should be. It is not enough to have good policies on the books.  You should be training your employees on your policies, and monitoring and enforcing compliance with them.  If your monitoring discloses lapses, then you should consider whether additional training is required.
Case On Point
In this month's case, the court issues a preliminary injunction to enforce the terms of an employment agreement.
JLM Couture, Inc. v. Hayley Paige Gutman
(S.D.N.Y. 2021)

As any loyal viewer of Say Yes to the Dress can tell you, Hayley Paige is a well-known designer of bridal gowns and related products. What is less known, though, is that Hayley Paige is an employee of JLM Couture, Inc. Under the terms of her long-term employment agreement, Paige assigned all trademark rights in her name and other intellectual property rights to JLM in exchange for a compensation package including a salary and commission on sales of products sold under her name.

JLM owned many social media accounts used to promote Paige's designs.  Paige opened new accounts, designed to promote her own profile as a celebrity.  Both parties initially saw these efforts as useful to the promotion of Hailey's designs to prospective buyers and contributed content. However, Paige then began using the sites for her own financial benefit to promote other, unrelated products without JLM's permission.

Litigation ensued, and JLM moved for the issuance of a preliminary injunction to enforce its  rights under the employment agreement. The Court found that JLM was likely to prevail in the case and that it had shown ta likelihood of irreparable harm.  While it could not compel Paige to continue providing design services under the Agreement, the Court entered an order prohibiting Paige from otherwise breaching the Agreement.  The Order prohibited her from:

  • making any changes to the social media accounts without JLM's permission;
  • making any commercial use of her name or any variations on it, without JLM's consent;
  • competing with JLM in the bridal products market; or
  • using any designs she created for or otherwise belonging to JLM.
At the Podium
This is a listing of speaking engagements, workshops, events and other public appearances.   At the Podium events are listed on the calendar page of my website. A listing of available presentations and workshops is also posted.   To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.    
Client Corner
Client Corner features client announcements and events of potential interest to readers.  Some Client Corner events are also listed on the calendar page of my website.    

  • Find out how cows can help prevent Covid-19 transmission on the recent episode of the Healthcare Confidential podcast featuring Theresa Jacobellis' interview with Professor Mart Ustav of the University of Tartu in Estonia.

  • On May 6, 2021, from noon to 1:00 p.m., Moxxie Network is hosting a presentation on Healthy Wine;­ Its Not an Oxymoron!  Click here for registration.

  • On June 15, 2021, from 4:00 p.m. to 6:00 p.m., Moxxie Mentoring Foundation is hosting the MoXY Awards, honoring men who have advanced the careers of women, at the Mansion at Oyster Bay. Click here for registration and sponsorship.

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© 2021, Lisa Renee Pomerantz. All rights reserved.

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