June 27, 2016

Time to Beef Up Your Employee Agreements

Managing your human resources is perhaps the hardest part of a growing business. When you only had a handful of employees, it was easy to meet with each of them face to face to discuss performance and expectations. Once you expand beyond a handful, the situation becomes trickier. Different departments have different salary structures and expectations. At this moment, your company is at a tipping point, where a business lawyer and employee agreements become essential. As a business owner, there are four agreements of particular importance.
June 1, 2016

Congress Enacts New Intellectual Property Law

Make Sure Your Company Complies with the Defense of Trade Secrets Act This spring, Congress passed and President Obama signed into law the Defense of Trade Secrets Act (the “DTSA”), a piece of legislation that has been called the most important federal intellectual property law passed since the Lanham Act was enacted 70 years ago to provide federal protection to trademarks. Substantively, the DTSA tracks the Uniform Trade Secrets Act in large part, which has been previously enacted in every state other than New York and Massachusetts.
May 4, 2016

Licensing new technology and leveraging exclusivity

If you’re a leader in your tech startup company, you have undoubtedly invested ample amounts of time, research, and money to ensure that you're offering the very best product you can deliver. Your intellectual property is probably your most valuable asset and provides you with a competitive advantage in the marketplace, and that fact alone can embolden any technology venture.
April 26, 2016
Small Business Legal Primer

How To Avoid The Courtroom

Some businesses are born of the heart, others by chance. If you’re lucky, you’re entering an industry that’s seeing great interest rates, a surplus of starting capital, and investors that are willing to take a chance. These lower barriers to entry are exciting, and they can help small and medium-sized businesses hit a nice stride right out of the gate. If you’re entering a more difficult industry, you’re squeezing your pockets from the jump.
April 11, 2016

Ten Legal Tips for New Businesses

Covering all of your bases legally is extremely important for any business, large or small. It only takes one lawsuit that could have been prevented to take down companies ranging from a one-person operation to a multi-million dollar startup. These 10 legal tips should help you avoid ending up in a courtroom fighting for your business' survival.
February 16, 2016

Psst, I’ve got a patent you can infringe. The Supreme Court and induced patent infringment

This term, the Supreme Court is reviewing five patent cases, an unusually high number, and the Supreme Court’s new-found interest in patent law is perhaps motivated by the increasing concerns over the patent system’s notable flaws

February 16, 2016

Did this happen on company property?

Michael Scott: It was on company property, with company property. So double jeopardy, we’re fine. When are you responsible for the acts of your employees? This is one of the fundamental questions of employment law

February 16, 2016

How Did the Redskins Lose Their Trademark Registrations?

By now, much has been made of the Trademark Trial and Appeal Board’s holding that certain trademarks featuring the name “Redskins” should be cancelled because they were disparaging to Native Americans. Rather than review the merits of the decision, I’d like to describe the process that lead to the Appeal Board hearing the matter.

February 16, 2016

What Does Hobby Lobby Mean?

The Supreme Court yesterday issued its opinion in one of the most discussed cases on this year’s docket – Burwell v. Hobby Lobby. The actual facts of the Hobby Lobby case are somewhat convoluted and generalizing the holding beyond the facts presented will be problematic, but below are the major points of the opinion:

February 16, 2016

What Would Jesus Trademark?

Recently, Tyler Perry won the right to trademark “What Would Jesus Do.” There are a couple of points I’d like to make about this story. First, some of the media coverage has suggested Tyler Perry can now stop Christians from wearing the popular WWJD bracelets.

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