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Recent Developments in Trademark Law
By Nicole Berkowitz Riccio and Catherine Hoffman
Sponsored by Baker, Donelson, Bearman, Caldwell & Berkowitz, PC


Recent developments in trademark law reflect a dual trend toward greater front-end rigor in prosecution and increasingly nuanced guidance from the courts in enforcement. On the prosecution side, the United States Patent and Trademark Office (“USPTO”) issued notices recently of its continued aggressive efforts to purge the trademark register of fraudulent and invalid filings, which combined with fee restructuring eliminated the cheaper TEAS Plus option and imposed additional fees for non-compliance. Additionally, decisions reinforced common law trademark rights over first to file and the importance of maintaining robust documentation of use in a decision in favor of the New York Yankees outfielder and slugger Aaron Judge. As a result, applicants should be more careful and be aware the actions of their representatives are taken as actions of the applicant and to be very diligent in documenting use. On the litigation side, courts continue to refine core doctrines governing likelihood of confusion, equitable relief, personal jurisdiction, and cybersquatting, offering important guidance on how far trademark rights extend and what evidentiary showings matter most. Together, these developments underscore a common theme: trademark protection now demands greater precision at every stage, from filing and examination to enforcement and remedies.

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The Pregnant Workers Fairness Act: Practical Guidance for South Florida Employers
By Arielle Astra Rogatinsky, Rocio Blanco Garcia, and D. Porpoise Evans
Sponsored by Littler Mendelson P.C.

Background and Key Requirements of the PWFA

The Pregnant Workers Fairness Act (“PWFA”) took effect on June 27, 2023, and is re-shaping workplace accommodation obligations for employees affected by pregnancy, childbirth, and related medical conditions.

The PWFA is designed to close longstanding gaps in federal law that left many pregnant employees without clear entitlement to workplace accommodations. Prior to its passage, employees often had to rely on patchwork protections under Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act (“PDA”), and the Americans with Disabilities Act (“ADA”), none of which consistently required employers to provide accommodations for pregnancy itself. The PWFA addresses that gap by creating a freestanding, affirmative right to reasonable accommodation for known pregnancy-related limitations.

At its core, the PWFA requires covered employers—those with at least fifteen employees—to provide reasonable accommodations to qualified employees or applicants with known limitations related to pregnancy-related conditions, unless doing so would impose an undue hardship on the employer. The statute defines “limitations” broadly to include physical or mental conditions, even where those conditions are temporary or modest.


White & Case - Estefania San Juan Headshot

Estefania San Juan
Partner
White & Case

Law School: American University, Washington College of Law (2013)

LinkedIn Profile: Estefania San Juan | LinkedIn

What led you to support and sponsor the South Florida Women In-House Counsel Group?
One of the things I most admire about this network is the diversity of industries represented. It demonstrates that the members truly are the engine and the face of Miami's business and legal community. I've had the pleasure of experiencing the energy and warmth of this community firsthand, both at group events and in one on one conversations with several members. You can sense that it's a platform built to lift and highlight one another in a genuine way.


What advice would you give to young women aspiring to enter the legal field – or what advice would you give your younger self?
We are standing on the shoulders of giants, and that means we get to forge our own path. I think about my grandmother, who is in her nineties and is one of the smartest women I know. She couldn't even vote when she was young, and she never went to college. Yet just a few generations later, the progress we've made (even if unfinished) means we can go at our own pace, make our own professional and personal choices, and find our individual version of balance rather than fit a prescribed mold. I had my first daughter when I was a very young associate. I wish I'd had the wisdom then not to worry so much, so I could have savored the personal and professional experience a bit more in the moment.

What area(s) of law do you specialize in, and what drew you to this particular field?
I specialize in dispute resolution for high stakes transactions and investments in Latin America and the U.S. I grew up in Cúcuta, a Colombian city on the Venezuelan border, and immigrated with my family to the United States when I was 15. Having witnessed firsthand the daily reality and human toll of political change, instability, and armed conflict, I was drawn to the fields of international studies and political science, which I majored in at the University of North Carolina. I eventually made my way to law school, where I discovered this fascinating, almost tailor made field. I now get to work on disputes that touch on many of these same issues, from representing investors in renewable energy projects harmed by abrupt policy changes following a change in government, to disputes involving illegal mining and sovereign debt defaults, to significant infrastructure and retail operations across multiple jurisdictions, among others. Every dispute is unique, but I find it helps to draw on my life experience and my studies outside the law.

Outside of your career, what are some of your hobbies or interests? Where can we find you on a typical weekend?
I absolutely love watching sports. Nothing is as exciting as rooting for Colombia during the World Cup (I know, too soon!). But every year, you'll find me cheering on the North Carolina Tar Heels during college basketball season and attending sporting events around town. It’s also, incidentally, an exciting time for legal issues in the sports industry, a space I’ve recently been deeply engaged in, from advising and dispute work to writing on emerging issues.

Redefining Executive Presence: What it Looks Like for In-House Counsel
By Ninna Rippa

Ninna Rippa Headshot

Executive presence generally defined is the skill of projecting confidence, authority, and inspiring trust through credibility, clear communication and composure. For an in-house counsel, that entails the ability to generate confidence around you by communicating clearly, staying calm and composed under pressure, understanding business priorities, and helping leadership navigate and make decisions around complex issues. This can be a daunting task, especially for lawyers coming into an in-house role from law firm experience. Even more so as women. The good news is that executive presence can be built.

Let’s start by redefining what executive presence means for an in-house counsel: executive presence for in-house counsel is the ability to position yourself as a strategic partner in the room, not a compliance stop on the way out. The following practical scenarios are all built around this definition.


Read the Article Here.

When AI Gets It Wrong: What Every In-House Counsel Must Know About Hallucination Risk

Practical mitigation strategies grounded in emerging AI governance standards

By Jorge Gonzales
Founder, AIHippos

A colleague trusted an AI-generated contract summary that confidently cited a Florida statute governing SaaS data retention obligations. The vendor’s agreement had already been signed. When outside counsel later reviewed the file, the statute did not exist. The AI had fabricated it — fluently, specifically, and without a single qualifying disclaimer. That is what hallucination costs in practice. Not an error message. A signed contract.

Read the Article Here.
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