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September 2020
Welcome to readers of Making the Connection!   
In this issue, you will find: 
  • In Focus : Navigating the Shift to Virtual Classrooms
  • Question of the Month, answering a reader's inquiry about electronic signatures
  • Case on Point, discussing remedies for trademark infringement
  • At the Podium, listing my speaking engagements and public appearances
  • Client Corner, spotlighting client events and announcements
In Focus
 Navigating the Shift to Virtual Classrooms
During the pandemic, companies and their employees have faced various challenges in adapting to working remotely and maintaining connections with customers and colleagues. recently experienced this as I returned to teaching as an Adjunct Professor at Touro Law School. With it came to the prospects of a challenging shift to a virtual classroom and questions like:
  • How could I best keep my students engaged?
  • How could I manage role play activities?
  • How could I present material in the most effective way?
Fortunately, Touro Law School anticipated these challenges and provided the mandatory training and ongoing pedagogical and technical support I needed to make the shift. These online training sessions gave me an opportunity to meet fellow adjuncts and feel more of a sense of community.  I also intend to attend follow-up training sessions and participate in the College's book club. What can you do to help your employees feel more prepared and connected?
Question of the Month
This feature answers a reader's question. Please submit proposed questions to lisa@lisapom.com.
This month's question comes from my brother Edward Schwartz of Blueprint Trial Consulting:
Q: Are electronic signatures legally enforceable?

A: Yes, there are federal and New York statutes specifying the enforceability of electronic signatures.
Case On Point
In this month's case, the Supreme Court interprets the remedies provisions of the Lanham Act.
Romag Fasteners, Inc. v. Fossil, Inc.
(U.S. S. Ct. 2020)
Fossil, Inc. manufactures and sells leather goods such as pocketbooks. It signed an agreement with Romag Fasteners, Inc. to purchase and use its magnetic fasteners in its products.  When one of Fossil's outsourced manufacturers used counterfeit Romag fasteners in Fossil products, Romag sued, seeking disgorgement of profits earned by Fossil.  Fossil contended that the lost profits remedy was only available in cases of willful infringement.

The United States Supreme Court rejected that contention.  While the statute explicitly conditioned treble damages awards and enhanced statutory damages on willfulness, the profits disgorgement section of the law contained no such requirement. To avoid such consequences, companies who outsource design or manufacturing functions should require representations and indemnification as to non-infringement of third party intellectual property rights. 

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.    
  • I was recently interviewed for the L.I. Law Podcast. Click here to listen to the interview.
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.    

  • Charles Drayton of Exquisite Catering Cuisine LLC shares that his company offers catering and event planning services tailored to customers' social distancing needs and requirements. Click here for more information.

80 Orville Drive, Suite 100 | Bohemia, NY 11716
© 2020, Lisa Renee Pomerantz. All rights reserved.

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