Ten Years Later : The legacy of September 11

Recently posted in the National Law Review an article by Morgan O’Rourke of Risk and Insurance Management Society, Inc. (RIMS) regarding  moments, none resonates so clearly in my mind as the attacks of September 11, 2001.

Of all the “where were you when?” moments, none resonates so clearly in my mind as the attacks of September 11, 2001. I’m not a sentimental person by any means but even a decade later, I find myself getting choked up when watching or reading reports of that day.

Everyone has a story. I was working in Midtown Manhattan. From my 20th floor office window, I had a view of the towers and watched as they buckled and fell before my eyes. No one in the office said anything. There were no words.

As I made my way to the train that would take me home to Long Island, the city was in shock. The expressions of sorrow, horror, confusion and fear that I saw likely mirrored my own. As I walked, I stared in a daze at the black smoke in the distance until I realized that I had been walking in the middle of the street for blocks with no regard for traffic. But no car horns ever sounded. At the train station, the mood was the same. Even though trains were delayed, no riders complained. Who would dare when you were sharing the platform with downtown workers covered in the dust of collapsed buildings that once dominated the New York skyline?

When I finally made it home, everyone wanted to hear about what I saw, but I didn’t want to talk about it. How do you describe what it’s like to watch a skyscraper full of people fall to the ground?

Thankfully, no one I knew died. I was lucky. Loss was everywhere, however, and when I finally returned to the city after a few days, sagging shoulders and hollow, glassy-eyed stares were all too common. I had to stop reading the newspapers because the reports became too excruciating. It was all I could do to keep from crying.

It’s a cliche to say that the world irrevocably changed on September 11, but it did. In a sense, the world shrank. Terrorism was no longer something that only happened overseas. The fears of the world were our fears now. And with that came the increased need for more and better security. To a certain extent, Americans had always taken their safety for granted, but now this kind of thinking was obsolete. The attacks showed us that all risks were possible and our mitigation plans were going to have to change to reflect this reality. Ten years later, this mindset lives on every time we go to the airport or participate in a disaster preparedness drill. It is a testament to our resiliency that we now find most of these things to be annoying. Evidently, not even terrorists could stop us from complaining.

If there can be anything positive to take away from this tragedy, perhaps it is that September 11 has made us more vigilant to all the risks that are around us and, as a result, organizations and individuals alike have taken great steps to reduce these threats. We still have blindspots, as evidenced by Hurricane Katrina, for instance. But overall, the argument could be made that in some ways we may be safer than we were 10 years ago.

Of course, this doesn’t mean the painful memories of September 11 have vanished, particularly for the families and friends of the nearly 3,000 people who died that day.

But there has been progress. At the World Trade Center site, the National September 11 Memorial and Museum will open this month on the anniversary of the attacks, while the new One World Trade Center steadily climbs to its eventual 1,776-foot height after years of political infighting and financial controversy. Hopefully, these signs of rebirth, coupled with the memory of those we lost, can inspire us to move beyond tragedy and create a new legacy for September 11 — a legacy of a better, safer world.

Risk Management Magazine and Risk Management Monitor. Copyright 2011 Risk and Insurance Management Society, Inc. All rights reserved.

Senate Passes Sweeping Patent Reform Legislation

Recently posted in the National Law Review an article by Linda C. EmeryMark F. FoleyAlexander M. Gerasimow, and Gottlieb John Marmet regarding the new legislation on September 8, 2011  designed to significantly overhall the US patent system:  

 

The U. S. Senate passed sweeping legislation on September 8, 2011, designed to significantly overhaul the U.S. patent system. The Leahy-Smith America Invents Act (“Act”) (HR 1249) makes numerous changes to the U.S. patent laws, most notably conforming U.S. patent law to the laws of most other countries by granting patent protection to the first person to file for patent protection rather than the first to invent, as it is now. Portions of the Act will take effect immediately, while others will become effective in 12 to 18 months. President Obama is expected to sign the bill into law promptly.

Other notable changes to the patent laws include:

  • Third parties are given the opportunity to challenge the Patent Office’s decision to grant a patent.
  • Third parties may cite prior art to the Patent Office during prosecution of a patent application.
  • Strategies to reduce taxes are not patentable.
  • Only the government and those suffering a competitive injury will be allowed to sue for false patent marking.
  • Failure to obtain the advice of counsel cannot be used to prove willful infringement.
  • Creates a mechanism by which the Patent Office will reevaluate and possibly invalidate previously issued business method patents.
  • Eliminates the requirement that inventors describe the “best mode” of making and using the invention as a basis for challenging the validity of a patent.
  • Allows individual inventors or very small companies to file patent applications at significantly lower fees, allowing those small companies and inventors to afford filing a patent application where they might not otherwise be able to afford such an application.

Companies and individuals who already have patents or pending patent applications should review their current practices and bring them in-line with the new patent laws in order to maintain their competitive edge. Inventors should also file an application as soon as possible, and must take additional steps to avoid disclosure or commercialization of their inventions prior to filing a patent application or risk losing the right to seek patent protection.

©2011 von Briesen & Roper, s.c

Coming Home: Service Members Bring Value, Benefits to Workplace

Posted in the National Law Review an article by Drew B. Millar of Dinsmore & Shohl LLP regarding a significant number of returning servicemen and women are out of work:

Among the millions of Americans who are out of work are a significant number of returning servicemen and women. Many employers are distracted by the host of employment issues that can arise in employing these individuals and, to some extent, their families. Among the applicable laws are the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Family and Medical Leave Act (FMLA).

While an understanding of the rights afforded to servicemembers by these statutes is essential, employing these individuals provides much more than a sense of patriotism for employers. Specific tax incentives exist (and more have been proposed) to get these individuals back to work. Many possess unique skills and abilities that would be an asset to any workforce. This article provides simple guidance about the laws that employers need to be aware of that impact the hiring of veterans and provide incentives for doing so.

USERRA mandates that employees be given a leave of absence to serve in the uniformed services and prohibits discrimination against employees because of their service. USERRA applies to all public and private employers regardless of size. This leave of absence can be as long as five (5) years and there are specific pronouncements on how the leave can be treated and what benefits the employee is entitled to while on qualifying leave. After the employee’s period of service has ended, the employer has an obligation to re-employ the individual in the same or similar position depending on the length of the leave period.

The FMLA also has a leave provision specifically designed to protect injured servicemembers and their families. While employees must have worked at least 1,250 hours during the preceding twelve-month period, under USERRA, an employee returning from fulfilling his or her National Guard or Reserve Military obligation shall be credited with the hours of service that he or she would have performed (based on pre-service work schedule) but for the period of military service to meet this requirement.

Military Caregiver leave or Covered Servicemember leave permits a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of unpaid leave during a rolling twelve-month period to care for a injured member of the Armed Forces, National Guard, or Reserves. A covered servicemember also includes a veteran “who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness” if the veteran was a member of the armed services at any time in the five years preceding the medical treatment. The 12-month period to be used for purposes of tracking this leave entitlement begins when the employee starts using his or her leave. Therefore, it is possible that the 12-month period utilized for tracking other forms of FMLA leave may not be the same as what is being utilized for tracking this entitlement.

Importantly, an employee is not entitled to more than 26 total weeks of FMLA leave including Military Caregiver leave, during the 12-month period that commences with the need for leave. Therefore, an employee is not entitled to 26 weeks of leave to care for a family member under this provision, plus an additional 12 weeks of leave for other FMLA-qualifying reasons. Employees may utilize the 26-week entitlement for each servicemember and for each illness or injury incurred. An employee may take 26 weeks of leave in consecutive 12-month periods for family members covered by this provision.

While these laws may seem to discourage the hiring of our returning servicemembers, employers who wisely elect to recruit such individuals can make a significant dent in their federal taxes. Currently, the Work Opportunity Tax Credit (WOTC) Program provides up to a $2,400 credit if the hired veteran is 1) a member of a family that has received Food Stamps for at least 3 consecutive months in the 15 months prior to the date of hire; or 2) a person with a disability who is participating in a vocational rehabilitation program through US Veteran’s Administration. The aforementioned credit increases to $4800 for disabled veterans who were 1) hired within one year of having been discharged, or released from active duty, or 2) unemployed for any six of the last 12 months. In addition, a majority of states offer partial, or total exclusions, from state-level taxes for combat and/or other military compensation paid to troops/reserves. President Barack Obama also recently proposed a $2,400 tax credit for hiring an unemployed veteran and $4,800 for hiring a veteran who has been unemployed for six months or longer. The existing tax credit for hiring veterans with a service-connected disability would also be raised to $9,600.

Many federal and state programs are also available for these men and women to receive training and be reintegrated into the workforce. Several resources, including Employer Support of the Guard and Reserve (www.esgr.org) and the Department of Labor’s VETS Program (http://www.dol.gov/vets/), provide services to servicemembers and employers to assist in these efforts. The Kentucky Office of Employment and Training also has Veterans Employment Representatives and Disabled Veteran Outreach Specialists specifically assigned to assist veterans with their employment and training needs (http://oet.ky.gov/des/veteran/veteran.asp).

In short, an employer in today’s job market would be wise to actively recruit individuals who have returned from active duty in the military or have the prospect of being called to active duty at some point during their employment. These employees bring valuable skills and hiring them should be a serious consideration of any employer in this economic climate.

© 2011 Dinsmore & Shohl LLP. All rights reserved.

Chief Litigation Officer Summit Fall 2011 15-17 September 2011, Red Rock Casino, Resort, Spa, Las Vegas, NV

The National Law Review is  pleased to announce the Chief Litigation Officer Summit Fall 2011 is taking place on the 15 through 17 of  September 2011, Red Rock Casino, Las Vegas, NV.

A Unique Event

The future of litigation will bring new matters, increased competition and a strong need for budget maximization. Employment, IP, product liability, commercial and securities litigation continue to become more complex and therefore more costly. As a Chief Litigation Officer, one of the main challenges is to stay within budget, and tactics such as eDiscovery and specialized outside counsel certainly compound this challenge.

Executives that can find solutions and best practices to work through these challenges will stand out amid a mounting sea of litigation counsel. By employing alternative billing structures, one can allow for fair and accurate budgeting in hopes of maximizing resources, which will help contribute to a successful trial. Skillful planning, organizing and managing of cases is absolutely necessary to stay on top of your game during the trial or deciding on alternative dispute resolution. Enhancing outside counsel relationships through effective communication can greatly increase your odds and assist in dealing with a building case load.

The Chief Litigation Officer Summit provides a unique forum for service providers to gain access to the leading in-house counsel across the nation. Over three days, service providers will meet and interact with the heads of litigation from the country’s leading organizations through a number of one-on-one business meetings and many networking activities. In addition, service providers will attend strategic conference sessions and keynote presentations delivered by these heads of litigation. Within the luxurious settings of The Red Rock Casino, Resort & Spa, this networking event presents a unique opportunity to develop meaningful and valuable business relations.

marcus evans will seek CLE accreditation in those states requested by registrants which have continuing education requirements. CLE credit hour information will be displayed on the certificate of attendance, which is provided to the attendees after the event has run and once each State has confirmed approval. marcus evans certifies that this activity has been approved for CLE credits by the State Bar of California and the State Bar of Pennsylvania.

Our executive delegation is selected according to the following criteria:

  • Scope of Responsibility
  • Budget
  • Sign-off Authority
  • Company Revenue
  • Interest in Purchasing Products and Services

Delegates will include decision makers with the job titles of General Counsel Litigation, Assistant General Counsel Litigation, Associate General Counsel, Litigation, Chief Litigation Officer, Vice President, Litigation and Senior Litigation Counsel with ultimate responsibility for litigation within their corporations.
Six Reasons Why You Should Attend the Summit:

  • Attend innovative summit sessions that outline tools to maximize the profitability of your company or organization
  • Network with an executive, focused group of your peers to discuss and debate differentiated strategies and develop future business contacts
  • Meet with leading Solution Providers to gain solutions to your most pressing business challenges
  • Maximize your time spent at the event by pre-selecting Keynote presentations, summit sessions, one-on-one meetings and networking activities through the Secured Summit Web site and scheduling software
  • Extensive opportunities for informal peer networking throughout the weekend through day and evening leisure activities
  • Documentation of presentations and information presented at the Summit via the interactive Web site

 

 


Delegate Package 

  • Pre-event Secured Web site access for scheduling
  • Executive Summit Program
  • 8-10 one-on-one business meetings with Solution Provider executives
  • Post-event Web site access for documentation and information on next event
  • Two nights accommodation at the Resort
  • All meals, receptions & special events
  • Participation in the Summit networking activities


For information on attending as a Delegate, please contact:
Marketing Manager
E: 
webenquiries@marcusevansbb.com
T: 246 627 3761

 

Specialty Healthcare 357 NLRB Decision No. 83: Impact on Nursing Home and Resident Care Industry

Posted on September 6, 2011 in the National Law Review an article by  Joshua W. Pollack of von Briesen & Roper, S.C. regarding a decision for those in the nursing home and resident care industry:

 

Recently, the National Labor Relations Board (NLRB) handed down an important decision for those in the nursing home and resident care industry: Specialty Healthcare, 357 NLRB No. 83. In this decision, the Board redefined the standard for “unit determination” cases for the “non-acute health care industry.” The Board’s conclusion reversed twenty years of precedent and made further unionization in the nursing home industry likely.

The Board’s decision makes unionization more likely because a key factor in the success of an organizing campaign is the size of the bargaining unit. Traditionally, unions fare better when organizing a smaller unit, whereas employers fare better when the union must organize a larger unit. Under the newly announced “traditional community of interest” standard, smaller units will be harder to challenge by employers, and thus are likely to proliferate. The Board summarized the new standard

[when a union] petition[s] for an election in a unit of employees who are readily identifiable as a group (based on job classifications, departments, functions, work locations, skills, or similar factors), and the Board finds that the employees in the group share a community of interest after considering the traditional criteria, the Board will find the petitioned-for unit to be an appropriate unit, despite a contention that employees in the unit could be placed in a larger unit which would also be appropriate or even more appropriate, unless the party so contending demonstrates that employees in the larger unit share an overwhelming community of interest with those in the petitioned-for unit.

Applying this standard, the Board held that a unit of Certified Nursing Assistants was the appropriate bargaining unit because the employer was unable to show that there was a larger group that had an “overwhelming community of interest” that overlapped the interest of the CNAs. In application, this rule will make it harder for employers to challenge prospective units and increase a union’s ability to organize smaller units.

Employers should be aware that Specialty Healthcare gives unions an advantage in their organizing efforts, and as a result employers should take proactive steps to prepare for a potential union campaign, especially those employers in the non-acute health care industry. At a minimum, supervisors should know the warning signs of unionization and how to respond. Supervisors should also be empowered with the information necessary to articulate the company’s position of a union-free workplace with credibility. Lastly, employers should also institute policies that guide employees regarding union solicitation, union access to facilities, and employee uniform policies.

©2011 von Briesen & Roper, s.c

Diversity and Its Impact on the Legal Profession

Recently posted in the National Law Review an article by Jon Minners of Vault Inc. regarding the importance of diversity in law firms:

“Diversity is a very critical element of our society,” said Robert J. Grey, Jr.—a partner at law firm Hunton & Williams—during a keynote speech at the 6th Annual Vault/MCCA Legal Diversity Career Fair, held on Friday, July 29, 2011 in Washington, D.C.

In discussing his path to Washington and Lee University School of Law, Grey engaged the audience with a story about his first meeting with the then-dean of the law school.  While his story was filled with humor, Grey conveyed an important message: rather than judging a book by its cover, the dean gave Grey the opportunity to fulfill his dream of becoming a lawyer.  Grey—who formerly served as president of the American Bar Association—has been an influential voice in the legal profession through his work and his commitments to pro bono and diversity.  He was nominated by President Obama to serve as a Board Member of the Legal Services Corporation—a post he now fills—and also currently serves as the Executive Director of the Leadership Council on Legal Diversity.

“Recognizing talent and giving it a chance – that’s what diversity is about,” said Grey.

Grey’s speech formed a fitting backdrop for the day as hundreds of minority, female, LGBT candidates and candidates with disabilities gathered at the Renaissance Hotel in downtown D.C. to speak with recruiters and hiring partners from law firms, as well as corporate and government employers.  Earlier in the week, candidates and legal employers on the West Coast participated in the career fair at the Westin Bonaventure in downtown Los Angeles.

Vault kicked off the career fair in D.C. by honoring the Top 25 Law Firms for Overall DiversityTop 3 Law Firms for Diversity for LGBT, Top 3 Law Firms forDiversity for Women and Top 3 Law Firms for Diversity for Minorities. While recognizing that diversity is important throughout all careers, Vault.com‘s Law Firm Diversity Rankings focus on the legal profession. These rankings are the result of a survey taken by close to 16,000 law firm associates throughout the country.  This year, and for the third consecutive year, Carlton Fields was ranked the No. 1 Firm for Overall Diversity.

“This represents how far we have come as a nation and an industry,” said Gary Sasso, President and CEO of Carlton Fields, during the award ceremony.  “We have a very long-standing tradition of diversity.  We like to say we celebrate diversity in all things at all times.  It’s in our DNA.”

And it is fast becoming part of the DNA of many organizations who truly see the potential of a more diverse office makeup.  During a panel discussion moderated by Vault.com law editor Mary Kate Sheridan, various professionals in the legal industry weighed in on the subject and discussed ways to make sure that diversity is not just an idea, but a part of the everyday practice.

“Diversity wasn’t really something on top of anyone’s discussion list in the 80s,” said Jackie Stone, a partner at the law firm McGuireWoods.  “But it is an important discussion today.”

Thomas E. Zutic, a partner at the law firm DLA Piper, stated that because of its importance today, “diversity is not about window dressing.  It’s not a one time, show off to the client aspect of business.”

Stone added: “Clients are watching very closely.  They want to see that diversity continues in terms of who actually gets to do the work.”

Lori L. Garrett, vice president and managing director of the southeast region of theMinority Corporate Counsel Association (MCCA), said that once you recruit diverse talent, the best way to keep them is to make them feel like they are part of the team.  “Mentoring is one of the most important ways anyone can connect to supervisors,” she said.  “They understand what it takes to reach the next level, but diverse employees should not just speak to supervisors.  They need to create relationships everywhere.”

Zutic also noted that diverse candidates need to make sure they take ownership of their careers by making themselves desirable candidates.  “Grades are still important,” he said, noting that students should approach law school as their jobs and perform as well there as they would in their careers.  “It’s so basic, but it’s so important,” he said.  “We can talk diversity, but in the end, if you are not bringing the right skill set and the right credentials, it’s not going to work.”

© 2011 Vault.com Inc.

Fan Death Re-Emphasizes MLB Ballpark Safety

Recently posted in the National Law Review an article by Risk and Insurance Management Society, Inc. (RIMS) regarding risk, death and baseball

Risk, death and baseball: three exciting topics that have unfortunately converged to become a grave concern for Major League Baseball this season. One fan recently died in Rangers Ballpark in Arlington, Texas, while reaching over a railing for a ball. Last summer, another fan fell 30 feet and fractured his skull.

Rangers Ballpark, the site of a recent fan death that has caused all MLB teams to re-evaluate fan safety.

Risk, death and baseball: three exciting topics that This, combined with some other high-profile incidents at ballparks in recent years, has led all teams to reconsider the height of their safety railings and ponder other potential solutions to keep spectators safe.

Yesterday, ESPN’s “Outside the Lines” program featured a great investigative report into the matter. You can watch Texas Rangers owner/legend Nolan Ryan discuss the controversy here. And below is the opening paragraphs of their written story.

Ronnie Hargis remembers his right hand brushing Shannon Stone’s shorts as he tried to grab the 6-foot-3-inch firefighter who went over a front-row railing in Section 5 of Rangers Ballpark in Arlington.

But Hargis missed. Stone’s 6-year-old son Cooper, who had been standing next to Hargis, saw his dad fall 20 feet to the concrete below. Stone, 39, died about an hour later.

Even though Hargis struggles to come to terms with the events of July 7, he does not believe that the 33-inch railing that Stone fell over was too low. He joins a cadre of fans who disagree with the Rangers’ decision to raise all front-row railings to 42 inches in response to Stone’s fall and two other falls before it.

As officials with other Major League Baseball ballparks say they’re currently reviewing their railings, baseball fans are divided on whether to raise the railings, keep them where they are, or implement alternative safety measures, such as nets.

It isn’t just the Worldwide Leader who is interested in how teams are keeping fans safe, however.

Risk Management Magazine and Risk Management Monitor. Copyright 2011 Risk and Insurance Management Society, Inc. All rights reserved.

Shooting Canons out of your Cannon

Recently published in the National Law Review an article by Kendall M. Gray of Andrews Kurth LLP regarding press coverage of the case after giving media interviews and posting comments on Facebook

Hat tip to the ABA Blog for another tale of woe about attorneys who worsened their fate with bad spelling.

A New York judge was concerned that defense counsel lacked the necessary “game” to handle the high profile murder case before the court.

Among the reasons? Facebook comments and bad spelling. According to the ABA Blog:

Firetog scolded the lawyers for complaining about press coverage of the case after giving media interviews and posting comments on Facebook. He even chastised the lawyers for misspelling “canon” in a reference to ethics, the Times says. “Two N’s means a cannon that shoots at something,” he said.

So remember, campers, an ethical canon is what attorneys must obey. An ethical cannon is an artillery piece that obeys the rules of engagement.

The career you save could be your own.

© 2011 Andrews Kurth LLP

Connecticut Prohibits Discrimination Based on Gender Identity

Recently posted in the National Law Review an article by Alan M. KoralMichelle D. VelásquezLaura SackLaura SackLyle S. Zuckerman and Roy P. Salins of Vedder Price P.C. regarding Connecticut employers with three or more employees will be prohibited from discriminating against an employee or applicant based on gender identity or expression.

Effective October 1, 2011, Connecticut employers with three or more employees will be prohibited from discriminating against an employee or applicant based on gender identity or expression. Connecticut lawmakers defined “Gender identity or expression” as “a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth.” Evidence that may establish gender-related identity includes assertion of the gender-related identity by the individual, care or treatment of the gender-related identity, evidence that the gender-related identity is not being asserted for an improper purpose, medical history, or other evidence that the gender-related identity is a sincerely held element of a person’s core identity. It is clear that the law protects transgendered people who are not undergoing gender reassignment surgery, and who do not intend to do so, as well as those who have completed such surgery or who are in the process of doing so.

The new law adds gender identity or expression—a status also commonly referred to as “transgendered”—as a protected class, affording that class similar rights and remedies as other classes such as race and gender protected under Connecticut law. By doing so, Connecticut joins New Jersey and New York City, both of which prohibit gender identity discrimination.

The one notable exception to the new law’s prohibition of discrimination based on gender identity or expression is the exemption of religious corporations or entities “with respect to the employment of individuals to perform work connected with the carrying on by such corporation . . . of its activities, or with respect to matters of discipline, faith, internal organization or ecclesiastical rule, custom or law” established by the religious entity.

Connecticut-based employers are advised to add gender identity to their EEO policies and literature and to be sure to include gender identity issues in their EEO training, especially training for managers and supervisors. Other employers who have employees in Connecticut (or New Jersey or New York City) should consider revising their policies companywide to include nondiscrimination based on gender identity and to include the new law’s requirements in their training.

© 2011 Vedder Price P.C.

Block Your Valuable Brand from .XXX

XXX Sunrise Period for Non-Adult Industry Trademark Owners to Begin the 7th of September

The launch of the new top level domain .XXX is drawing near at which time .XXX domain names will be available for registration with the ICM Registry through accredited registrars. The introduction of .XXX is pertinent not only to the individuals, businesses and organizations currently engaged in the adult sponsored community but to all intellectual property holders with trademark rights.

The .XXX Registry is providing an opportunity for trademark owners (not involved in the adult entertainment industry) to apply to opt-out of .XXX and protect their valuable brands from cybersquatting in the .XXX space. This “Sunrise Period B” of fifty-two (52) days scheduled between September 7, 2011 and October 28, 2011, will allow trademark owners to block the registration of their brand in the .XXX domain. In short, trademark owners may opt-out of .XXX by reserving names identical to their existing registered trademarks effectively barring any potential person or entity engaged in the adult entertainment community from registering a .XXX domain name for that particular mark. A registered trademark is required and submitting an application does not guarantee that your trademark will be blocked by the registry.

However, a successful application to block a .XXX domain name registration will eliminate the domain from the .XXX registry for at least ten years (for a one-time fee of $225 per domain name plus attorney time to prepare the application). The blocked domain will then resolve to an informational page stating that the domain has been reserved and further prevent other interested parties in acquiring and/or using it. Once the Sunrise period ends, if a brand owner hasn’t taken advantage of the opportunity to block its trademark from the .XXX registry, all members of the adult sponsored community will have the ability to register .XXX domains, even if those domains include a valuable or well-known brand. Other rights protection mechanisms will be available (such as the Uniform Dispute Resolution Policy (“UDRP”)), but proactively participating in the Sunrise period may be a more cost-effective and pro-active approach.

© 2011 Bracewell & Giuliani LLP