Milgrom & Daskam Blog

Employment Law

Can Vaccination Requirements be Enforced in the Workplace?

As COVID-19 continues to rage across the country, the question of vaccines – and whether they can be imposed on an individual or not – is a hotly debated topic. Folks have strong opinions on both sides of the discussion. Some stand for individual liberties, arguing the individual’s choice is more important. Others argue for the collective, contending that one person’s liberty should not come at the expense of exposing the group. As an employment lawyer, I get a lot of questions from my clients asking whether they can force their employees to get the COVID-19 vaccine. As we’ve written about in prior blog posts, the answer is a qualified yes.

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B Corp

Steps Small Businesses Can Take to Combat Climate Change

The science is clear, and when we look outside and see smoke-ridden skies, experience unprecedented flooding, or suffer the consequences of historic droughts, it’s in our face: climate change is here. Our climate and environment are changing–and how we interact with it should change.

As the recent and somewhat terrifying UN Report informed us, we are well past the point of stopping climate change. But we can slow it down. And we need to slow it down.

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Real Estate Law

The Lasting Impact of Covid-19 on Commercial Lease Negotiations

When COVID-19 struck businesses in March of 2020, many assumed the impact would be short-lived, that after a few weeks of shutdowns and lock-ins, business and life would return to normal. Now, well over a year later, and with new variants and surges emerging despite vaccines, the question is: when, how, or even if, a return to offices will occur. Employees are increasingly likely to seek other opportunities if their employers press a return to full-time, in-person work. Job seekers have also begun prioritizing remote work options when looking for new jobs.

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Employment Law

Colorado’s Equal Pay for Equal Work Act: What Employers Should Know

Colorado’s Equal Pay for Equal Work ACT (“EPEWA”) became effective January 1, 2021, and all companies that employ Coloradans should be aware of its provision—which may require an update to employer practices and policies—to avoid liability. By enacting EPEWA, the Colorado legislature seeks to prohibit wage discrimination on the basis of sex, which includes gender identity, or on the basis of sex combined with another protected trait such as disability, race, creed, color, national origin, sexual orientation, religion, age, or ancestry.

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Entrepreneur & Startup

Setting your Startup on the Path to Success: Four Tips for Choosing Your Company Brand Name and Logo

I remember when the graphic designer I hired came up with the initial logo for our law firm. Seeing it on mockups for a website and for business cards was a surreal experience. It reduced the months of planning and research into something tangible and real. It hit me so quickly—this is really happening—and I was filled with pride in what was to come.

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Family Law

Can I Write A Last Will and Testament On My Own?

There are several formal requirements for a will. Formally, wills must be signed by their author (also referred to as the testator), and must be either (a) signed by two witnesses who witnessed the testator’s signature, or (b) notarized by a notary public (though to be safe, most lawyers will make sure that both (a) and (b) happen). However, these requirements are not absolute. Their purpose is to ensure that the will accurately and completely reflects the testator’s intention, and when that intention can be otherwise guaranteed, a will you write without the help of a lawyer may still be valid.

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Miscellaneous

What COVID-19 Shows About Facebook’s Oversight Board

Non-profits, politicians, and policy advocates have often argued for amended moderation standards for Facebook.  Republicans and conservative non-profits have often stated that Facebook’s moderation of content, especially conservative content, amounts to censorship, whereas Democrats have often asked for significantly more content moderation.  In fact, Democrats have now discussed removing Facebook’s Section 230 safe harbor if Facebook refuses to enact significant protections against health misinformation.   

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B Corp

What are Certified B Corporations and Why They Matter

B Corps are the organizations all across the globe that have committed to balancing purpose and profit. They are required to care about more than their bottom line. They form a powerful community of like-minded people and companies driven to use their business as a force for good. There is no shame in making a profit if there are no values sacrificed to get there.

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Entrepreneur & Startup

Understanding the LLC Structure: Key Considerations for Operating Agreements

Limited liability companies (“LLCs”) offer individuals a lot of flexibility when starting a new business while also providing the benefit of limited liability related to personal assets or assets that exist outside of the company structure. The LLC has become a favorite for forming new ventures due to its unique structure and single-level tax implications. However, when forming a new LLC, there are some key considerations to keep in mind related to its main governing document, the Operating Agreement (“OA”).

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Intellectual Property

What is the Trademark Modernization Act of 2020?

Trademark practitioners, it is time to get excited! Trademark applicants? Registrants? You can get excited, too! The United States Patent and Trademark Office (USPTO), the office that decides who can own the rights to a mark, word, or design logo, has proposed long-needed changes to the trademark rules of practice via the Trademarks Modernization Act (TMA).

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Intellectual Property

How to Protect Your Designs with Patents and Trade Dress

There is value to having a product that looks different from anything else on the market. People often want things simply because they look cool or are unique. And wouldn’t it be cool if you could be the exclusive producer of that unique, cool-looking product? With the right protection, you can. There are several ways to protect a design, including design patents and trade dress.

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Employment Law

How Employers Can Support Working Moms Post-Pandemic

Working moms have been especially hard-hit by the stress of pandemic life. When schools and daycares shut down, working moms* were expected to take on the role of teacher, in addition to their other two full-time jobs: mom and employee.

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