Editorial Board   Guest Author

Mr. Max

Theodore C. Max

Partner, Sheppard, Mullin, Richter & Hampton LLP

Theodore C. Max is a partner at global law firm Sheppard, Mullin, Richter & Hampton in New York, where he co-leads the firm's Fashion, Apparel and Beauty group. He focuses on intellectual property protection and litigation, advertising and media consultation and clearance, and transactional and licensing matters. Mr. Max combines his skill and experience as a trial attorney with his knowledge of copyright, trademark and intellectual property law in servicing the firm's diverse clientele. Mr. Max has counseled clients on and litigated numerous cases involving issues on the cutting edge of copyright and trademark law. He has assisted clients in identifying, protecting and preserving their intellectual property assets, including seeking registration of rights in the United States and internationally and taking action against infringements of copyrights, trademarks and trade dress. He also has experience developing and implementing anti-counterfeiting programs and pursuing civil and criminal enforcement remedies. Mr. Max has actively litigated intellectual property issues, as well as licensing and franchise disputes, and the rights of publicity and privacy. He successfully has represented clients in all types of civil litigation, including alternate dispute resolution proceedings and mediation, trials and appeals. He has counseled representatives of some of the world's finest designers of fashion apparel and accessories with respect to protecting and protecting as well as monetizing the value of their intellectual property. He also has extensive experience in litigating commercial disputes in New York state and federal courts. He has been recognized as an Intellectual Property Star by Managing Intellectual Property in 2015, a Leading Trademark Professional by World Trademark Review in 2015 and by Legal 500 with respect to Intellectual Property, Media and Advertising, Legal 500, and a New York Super Lawyer for Intellectual Property Litigation by Super Lawyers, 2008-2015. .

Mr. Max can be contacted at 212-653-8702 or tmax@sheppardmullin.com

Coming up in September 2020...

Hotel Law: Protecting Guest Privacy

Every business is obligated to protect their customers from identity theft but unfortunately, data breaches have become all too common. In an effort to protect a guest's right to privacy and to safeguard their personal data, the European Union passed a General Data Protection Regulation (GDPR) that could hold hotels legally liable for any breaches that expose a customer's sensitive personal information. Though the GDPR only pertains to EU citizens' data, any international business that mishandles their data can be legally responsible. Another legal issue of concern is the fight involving hotel "resort fees." Several states attorney generals have recently filed suit against two major hotel chains in an effort to litigate this practice. Their suit alleges that these companies are "engaged in deceptive and misleading pricing practices and their failure to disclose fees is in violation of consumer protection laws." The suit seeks to force the hotel chains to advertise the true price of their hotel rooms. There are several other legal issues that the industry is being forced to address. Sexual harassment prevention in the workplace is still top of mind for hotel employers-particularly in New York and California, which now statutorily require harassment training. Hotels and motels in California will also soon be required to train all their employees on human trafficking awareness. Immigration issues are also of major concern to hotel employers, especially in the midst of a severe labor shortage. The government is issuing fewer H2B visas for low-skilled workers, as well as J-1 visas for temporary workers. Though there is little hope for any comprehensive immigration reform, hotel lobbying groups are actively seeking legal remedies to alleviate this problem. These are just a few of the critical issues that the December issue of the Hotel Business Review will examine in the area of hotel law.