Summary
On January 27, 2017, President Trump signed an Executive Order (the “Order”) entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” It is a densely worded document, but the Order does the following:
- Requires “the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, [to] immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit” under the Immigration and Nationality Act;
- Requires the Secretary of Homeland Security to submit a report to the President within 30 days of the date of the Order (in other words by February 26, 2017); and
- Temporarily “suspend[s] entry into the United States, as immigrants and nonimmigrants, of such persons [from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen] for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).”
Analysis
The Order could have an impact on any employer or business with employees, contractors or consultants who are foreign nationals of the Countries of Concern as defined herein.
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When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation...
That preamble was a shot heard around the world at a time when communication wasn't immediate or global. The Second Continental Congress gathered in the Philadelphia heat in the summer of 1776 to vote for independence and also to formalize and record their rationale for doing so. The document that was produced from that summer, which was primarily authored by Thomas Jefferson, is one of the most concise and elegantly written political documents of its kind.
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This is case about a rock band, a dubious and inflammatory stage name, and the US Patent and Trademark Office (USPTO). It's also a matter of free speech, and the concept that speech - including offensive speech - is Constitutionally protected. There are a lot of hot button issues in this case.
The rock band? The Oregon based, self styled "Chinatown dance rock" band The Slants.
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PayPal filed suit against Pandora in federal court in the Southern District of New York, alleging that Pandora's logo infringes on the trademarked property of PayPal.
You can read the entire complaint here.
The crux of PayPal's complaint and allegations can be found in the beginning paragraphs of the complaint:
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