Archive for January, 2013

Los Angeles Area Meatpacker Settles Workplace Discrimination Lawsuit

Clougherty Packing Company, a Los Angeles area meatpacker, recently agreed to pay almost $440,000 to approximately 2,000 women for allegations of gender discrimination.  The women had applied for various jobs cutting, packaging, and slicing meat products between 2007 and 2009, but allegedly had their applications rejected.  Federal officials also said that the company offered hundreds of jobs to women in addition to the monetary settlement.  The United States Department of Labor announced the settlement in a December 18 news release on their website.

Clougherty Packing is a subsidiary of Hormel Food Corporation; compliance officers from the DOL’s Office of Federal Contract Compliance Programs investigated the allegations, finding that between 2007 and 2009, Clougherty violated Executive Order 11246, and that women were discriminated against in the hiring process.  Most of the women who were involved in the sex discrimination case were Latinas.  In addition to the settlement and offering jobs to approximately 700 of the women involved in the suit as they become available, Clougherty agreed to ensure their hiring practices fully comply with the law by undergoing extensive self-monitoring measures.

Hormel said in a statement that, “We strongly deny any wrongdoing and reiterate our commitment to a discrimination-free workplace for our employees.”  The company went on to say that it believed that in order for the meat packing facility to move forward with business, settling with the women was the correct thing to do.  Hormel’s compliance program director said that American values are reflected in the company’s products, and that those values extend into jobs, that the company is a fair place to work.  Hormel does not acknowledge wrongdoing in the suit.

At the Law Offices of Spotora & Associates, we realize that employers often face discrimination charges not only by women, but often by men, gays, and those who feel they are being discriminated against because of age, race, or religion.  Our Los Angeles employment attorneys are well versed in all areas of employment law, and ready to provide your company with effective legal representation.  Let us work to ensure your company is protected against such liability, so that you are not the next employer facing costly litigation.

Los Angeles Entertainment Attorney Lists Most-Pirated TV Shows and Movies of 2012

As every Los Angeles entertainment law firm knows, the internet is the biggest source of piracy today, and is a real threat to television and film studios.  In using, reproducing, or distributing media such as television shows and movies without authorization to do so, film and television show producers’ copyrights are essentially being violated.  This was a huge topic of concern in 2012.

We’ve noticed that people have a way of getting around paying for the shows they want to watch, many offered on cable channels that require a subscription.  The top-five shows which were most pirated came from these channels.  Now, when people want to watch something, the internet usually provides a way.  In 2012, HBO’s fantasy series “Game of Thrones” was the most pirated television show.  Next in line came “Dexter” on Showtime, then AMC’s “Breaking Bad” and “Walking Dead.”

You may have thought (understandably) that the most pirated movies would have been The Avengers or The Hunger Games.  Strangely enough, the most pirated movie of 2012 was one that had a short life in theaters, Project X.  This movie was hugely popular overseas, which was where most of the illegal downloading took place.  A few of the big Hollywood hits that were pirated last year include The Dark Knight Rises, and 21 Jump Street.

Other films that were illegally downloaded last year include The Girl With the Dragon Tattoo and The Twilight Saga: Breaking Dawn Part 1.

Thanks to the internet, people can download other people’s work at the speed of lightning – and illegally.  Piracy has become a real problem for the entertainment industry, as more people illegally copy and distribute not only copyrighted movies and televisions shows, but music as well.  Ultimately, it becomes difficult for copyright owners to earn a living when their products (films, movies, music, television shows) are being given away for free online.

The Law Offices of Spotora & Associates represents individuals and companies who are the victims or internet piracy.  Our experience, skill, and aggressive approach allow us to reach positive results for our clients.  Contact us today if your media or productive works are being pirated on the internet.

Intellectual Property and Instagram

On December 18, 2012 photo sharing website Instagram released updated terms of service; now, some of the 100 million who use the service are finding that because they’re having difficulty understanding the new terms of use, they are not comfortable with it.  Because of Instagram’s use by creative professionals and celebrities, we feel this story, which has a compelling intellectual property aspect, may be particularly relevant in Los Angeles.

When the news broke in December, there was much speculation by users and commentators whether user content may be used by Instagram for commercial purposes.  Basically, the new terms of service means that the site may use or have the ability to transfer its right to use content uploaded by users without compensating those users.  January 16 is when the new terms of use go into effect.  As of this date, a third party will be able to pay Instagram for the use of creative work generated by another user, without the user who created the work being compensated.

Essentially this means that users will have no copyright protections. Celebrities have commented about the new terms of service, wondering if it could mean that photos on the site imply that the celebrity endorses a particular product or service.  For instance, if an individual notices a celebrity coming out of (or going into) a merchant’s place of business, could that merchant purchase the photo taken by the user, then imply that the celebrity endorses their business?

Instagram now faces some serious problems because of the new terms of use; some news sources say that up to 25% of users have deleted their accounts since the news broke.  This isn’t the only bad news for Instagram, however.  On December 21st, a class action lawsuit was filed in U.S. District Court for the Northern District of California against Instagram, Funes v. Instagram Inc., 12-CV-6482 (N.D. Cal.).

Instagram did amend its terms of service somewhat on December 20; however, the proposed license still gives Instagram far greater use of users’ content than in most standard terms.  Will this be the beginning of an ongoing debate regarding privacy, technology and copyright?

As talented Los Angeles intellectual property attorneys, The Law Offices of Spotora & Associates will be interested to see how this all plays out.

Los Angeles Technology Attorney’s Tips for Website Protection

Today, the internet is a very busy – and often criminal – landscape.  More and more businesses are going online, because it’s how their targeted customers look for their products and services.  Mobile devices such as iPads and iPhones have made it easier than ever for consumers to look for what they need on the go, from literally anywhere they may be.  However, building a website and advertising your services may be the easiest part of the process; it’s often protecting your website that’s the hard part.  As experienced Los Angeles technology attorneys, we want to offer a few tips to help ensure your website is protected.

Allow a lawyer to assist you with obtaining a trademark.  You don’t want to be accused of trademark infringement, so it’s important that even if a domain name is available, you know that the name you want to use for your website is available and clear.  If the name you want is clear, have your attorney file a trademark application with the USPTO.

Protect your content, graphics and other aspects of your website with a copyright.  It’s hard to imagine, but there are many scoundrels on the internet who will literally steal the pages of your website to use for their own.  This includes content, graphics, and other material on your pages.  While you can certainly add “copyright 2013 Your Company Name” at the bottom of your pages (and many do), this won’t offer the protection of filing an application with the U.S. Copyright Office.  If your copyrights are infringed, you may be eligible for certain damages.

Obtain agreements from those who participate in the design, content, and hosting of your website.  Unless you designed your website yourself, wrote the content, designed the graphics and host it on your own server, you need agreements from those who helped build your online presence.  Any third parties who perform work on your behalf are usually independent contractors.  You should make it a priority to obtain written agreements from these third parties, stating that you have rights to the final, finished product.  In other words, you do not want your content writer claiming ownership of your pages or otherwise attempting to withhold your website from you in order to obtain further payment.

If only it was as simple as building a website and moving on about your business today, it would be far less complicated.  Unfortunately, the internet is a complicated and complex world; while the crimes are of a different nature than what you  normally find in the physical world, they still happen – every day.

Let the Los Angeles technology lawyers at Spotora & Associates make sure your company website is well protected, so that you never have to worry about legal issues.