Blackletter: Recent Episodes
Thomas Dunlap
Blackletter laws are the well-established legal rules that are no longer subject to reasonable dispute. Originally, "blackletter" was the Gothic type-style which was used to set forth the law in England until the mid 18th century. It was originally used so commoners couldn't understand the laws. Every business is subject to so-called blackletter laws. This podcast brings famously experienced business people, lawyers, accountants, and anyone else in the realm of business to the table to share personal experiences that have shaped their business and to talk about how to handle black letter issues in creative ways.
Curious about how much your business is actually worth?
In this episode of The Blackletter Podcast, host Tom Dunlap is joined by valuation experts Sharon Eaton and Wright Lewis for an in-depth discussion on one of the most pressing questions for business owners: how much is your company worth? They break down the factors that influence valuation, such as industry norms, EBITDA, and the art and science behind determining the right multiple. The team explores the importance of networking capital, adjusted EBITDA, and the role of seller notes and earnouts in finalizing deals. Whether you're preparing your business for sale or just curious about how valuations work, this episode offers essential insights to guide you through the process.
"Selling your business is like running a marathon—you need the right preparation, strategy, and team to make it to the finish line."
In this episode of the Blackletter Podcast, Tom Dunlap is joined by M&A experts Sharon Heaton and Wright Lewis to discuss the three critical stages of the mergers and acquisitions (M&A) process. Building on the last episode, where they covered preparing a business for sale and making business owners redundant, this episode dives deep into the steps necessary to successfully navigate the M&A landscape. Sharon and Wright explore preparation, buyer qualification, and the final push from the letter of intent (LOI) to closing. They also share insights into the importance of assembling a strong M&A team, the necessity of due diligence, and how to find the right buyer while avoiding common pitfalls. Whether you're a business owner considering a sale or an advisor working with clients, this episode provides valuable guidance for mastering the complexities of M&A.
Ever wondered what it really takes to sell your business for top dollar? In this episode of the Blackletter Podcast, host Tom Dunlap explores the world of mergers and acquisitions with two industry powerhouses: Sharon Heaton, CEO of sbLiftOff, and Wright Lewis, M&A attorney at Dunlap Bennett & Ludwig. Together, they break down the secrets to preparing your business for sale, maximizing its value, and ensuring a smooth post-closing transition. Whether you're a seasoned business owner or an advisor looking for expert insights, this episode is packed with actionable tips you won't want to miss!
In this insightful episode of the Blackletter Podcast, host Tom Dunlap sits down with Claire Gibson, partner at Dunlap, Bennett & Ludwig, to explore the intricate world of intellectual property (IP) in the fashion industry. Claire brings her two decades of experience handling both domestic and international trademarks to discuss how fashion brands leverage IP protection for global expansion and brand identity. From iconic examples like Tiffany Blue and Chanel to lesser-known challenges like trade dress and functionality issues, Claire explains the nuances that make fashion IP unique. The conversation also highlights the legal complexities of naming brands after designers, the risks involved, and how acquired distinctiveness plays a key role in securing trademark rights. Whether you're a legal professional, a fashion entrepreneur, or just curious about how trademarks shape the fashion industry, this episode is packed with expert insights and engaging discussions.
In this episode of The Black Letter Podcast, host Tom Dunlap is joined by Steve Fretzin, founder of Be That Lawyer, to discuss the importance of specialization in the legal profession. Steve shares his journey from working across various industries to focusing exclusively on coaching lawyers, demonstrating how narrowing your focus can lead to greater success. He explains why trying to juggle multiple practice areas can be counterproductive and how honing in on a specific niche can enhance both your effectiveness and satisfaction. Steve also underscores the critical role of business development and marketing in building a successful law practice. This episode is packed with practical insights for lawyers looking to refine their practice and achieve greater fulfillment in their careers.
In this episode of The Black Letter Podcast, Tom Dunlap sits down with Steve Fretzin, a renowned coach for lawyers and host of the "Be That Lawyer" podcast. They explore one of the most challenging aspects of a legal career—business development. Tom and Steve discuss why many lawyers struggle to build a client book despite their legal brilliance and how the lack of a plan often leads to frustration and missed opportunities. Steve shares his insights on the importance of having a strategy, the role of personality in business development, and how even the most introverted lawyers can learn to succeed with the right guidance. Steve also opens up about his personal challenges and the pivotal moment when he realized the power of focus in his own career. Whether you're a lawyer, entrepreneur, or business professional, this episode is packed with practical advice on how to thrive in your career without burning out.
In this episode of The Black Letter Podcast, host Tom Dunlap sits down with Steve Fretzin, the mastermind behind the "Be That Lawyer" podcast. Steve shares his unique journey from a competitive shoe salesman to a successful business coach specializing in sales-free selling. With a background in franchising and an unexpected pivot to working with law firms, Steve has developed a winning approach that resonates with attorneys who often shy away from the sales aspect of their practice. Discover how Steve's philosophy of helping without selling has transformed his career and how his podcast has become a powerful tool for branding and building relationships.
In this week's Monday Morning Minute, Tom Dunlap dives into the complex world of alcohol licensing, unraveling the intricate history and legal framework that governs the sale, distribution, and manufacturing of alcohol in the United States. From the aftermath of Prohibition to the evolution of the three-tier system, Tom explains how state and federal regulations intertwine to create a labyrinthine network of controls. Discover the differences between control and license states, and learn how recent changes, spurred by the COVID-19 pandemic, are reshaping the landscape of alcohol regulation. Whether you're in the alcohol industry or simply curious about the legal complexities behind your favorite drink, this episode offers valuable insights into why alcohol licensing is the way it is today.
In this episode of The Blackletter Podcast, host Tom Dunlap is joined by Aaron Jackson, a former Air Force Lieutenant Colonel and current partner at Dunlap Bennett & Ludwig, to discuss his new book, Cynical: Overcoming America's New Mindset with Seven Principles of Hope and Humanity. Aaron shares his insights on the destructive nature of cynicism and how it permeates our society. He outlines the seven principles from his book that can help combat this mindset and foster a culture of hope and humanity. Tune in to learn how to shift from a cynical outlook to one that embraces leadership, connection, and positive change.
In this Monday Morning Minute of the Black Letter Podcast, Tom Dunlap delves into the captivating world of wine. Discover the rich history and cultural significance of wine, from ancient Georgian pottery to modern-day Napa Valley. Tom discusses the complexities of wine regulations, explaining how the American Viticultural Area (AVA) and European Union's Protected Designation of Origin (PDO) ensure the authenticity and quality of your favorite wines. Gain insights into the stringent rules and fascinating stories behind wine production, and equip yourself with knowledge to impress at your next social gathering. Whether you're a wine connoisseur or simply curious about the legal intricacies, this episode is a must-listen. Cheers to a deeper understanding of wine!
In this episode of the Black Letter Podcast, host Tom Dunlap unveils a groundbreaking initiative by Dunlap Bennett & Ludwig: the Small Business and Inventor Hub (SBIH). This new hub is dedicated to aiding independent inventors, creators, and small to medium-sized business owners who find high-level intellectual property services financially out of reach. Tom discusses the importance of this initiative in empowering small businesses and inventors to protect their intellectual property, thereby contributing significantly to America's innovative landscape. He highlights the hub's features, which include facilitating the filing and management of patents and trademarks, and providing access to experienced IP lawyers. With staggering statistics on small businesses' contributions to patents and employment of scientists and engineers in the U.S., this episode is a must-listen for anyone interested in entrepreneurship and intellectual property law.
In this episode of The Black Letter Podcast, Ryan Kennedy, a seasoned real estate lawyer, returns to share his indispensable insights tailored for anyone involved in the real estate market. From buyers and brokers to small-time landlords, Ryan unpacks critical advice to navigate the complexities of real estate transactions and legalities. He emphasizes the importance of reading and understanding contracts, maintaining awareness of regulatory obligations, and the advantages of engaging with professional property management. This episode is a must-listen for professionals seeking to safeguard their interests and optimize their real estate endeavors.
In this captivating episode, host Tom Dunlap discusses the landmark intellectual property case involving Marvel characters and their co-creator, Jack Kirby. Tom explores the intricate legal battles fought by Kirby's heirs in their attempt to regain control over the iconic Marvel characters such as the Avengers, X-Men, and The Fantastic Four. With insightful analysis, Tom explains the nuances of "work for hire" under the Copyright Act of 1976, and how it impacted Kirby's rights to his creations. This discussion not only sheds light on the complexities of copyright law but also serves as a crucial reminder about the importance of clear contracts in creative and commissioned works. Join Tom as he breaks down this pivotal case and its broader implications for creators and the creative industry.
In this episode, host Tom Dunlap discusses the landmark Supreme Court case, Matal v. Tam, and its profound implications on trademark law and free speech. Through the story of Simon Tam and his band The Slants, Tom explores the journey of challenging the disparagement clause of the Lanham Act—a case that ultimately led to a unanimous Supreme Court decision supporting the right to re-appropriate racially disparaging terms under the First Amendment. Join Tom as he unpacks the intricacies of trademark regulations, the concept of commercial speech, and how this case has reshaped legal precedents and cultural dialogues around offensive trademarks.
In this episode of the Blackletter podcast, host Tom Dunlap discusses the intricacies of real estate and real property law with Guest and parter at DBL, Ryan Kennedy. The spotlight of the discussion is on the recent settlement between the National Association of Realtors (NAR) and a major class action lawsuit, which has introduced significant changes in the way cooperative compensation is handled in the real estate industry. Ryan sheds light on how these changes could potentially reshape the dynamics between buyers’ and sellers’ agents, affect commission structures, and influence the overall cost of housing. Furthermore, the episode explores the unexpected ways local governments use public real estate listings for assessing property taxes and permitting issues, adding another layer of complexity to property transactions. Join us as Tom and Ryan offer insights that are crucial for anyone involved in real estate transactions, whether they are buyers, sellers, or industry professionals.
Join Tom Dunlap on this week’s episode as he discusses the fascinating history and legal battles of the "Happy Birthday" song. Once subject to stringent copyright claims by Warner Chappell Music, this beloved tune has finally entered the public domain. Discover how filmmaker Jennifer Nelson challenged these claims, leading to a landmark 2015 ruling that freed "Happy Birthday to You" from copyright restrictions. Tom explores the complexities of copyright law, changes over the decades, and what this means for public access to creative works. Don't miss this insightful exploration of copyright, creativity, and the liberation of one of the world's most famous songs.
Join Tom Dunlap on this intriguing episode of the Black Letter Podcast Monday Morning Minute, where he discusses the landmark copyright law case between Google LLC and Oracle. This episode unpacks the complex legal battle over Java APIs, a critical component in software development that facilitates interoperability between applications. Tom breaks down the essence of APIs, the heated legal arguments, and the transformative notion of fair use that led to Google's victory in the Supreme Court. Whether you're a software developer, a legal enthusiast, or just curious about how major tech companies defend their innovations, this episode offers a comprehensive look into a case that has shaped the landscape of software development and copyright law.
Today, we're joined by attorney Ryan Kennedy from Dunlap Bennett & Ludwig, who brings a wealth of experience in real estate and real property law. With over 15 years in the field, Ryan shares his journey from an intrigued law student to a seasoned attorney deeply involved in property development and zoning cases. Tune in as we explore some of Ryan's most challenging and rewarding cases, including a significant zoning opposition that protected sensitive wetlands. Whether you're a legal professional, a business leader, or just curious about the interplay of law and real estate, this episode offers valuable insights into the complexities and impacts of real property law.
In this episode of the Blackletter Podcast, Tom Dunlap explores a landmark legal battle between tech giants Apple and Samsung, commonly referred to as the "Smartphone Wars." Starting in 2011, this series of over 50 lawsuits across 10 countries highlights the complexities of design and utility patents in the tech industry. Tom discusses the specifics of the case, including Apple's initial billion-dollar victory and the eventual Supreme Court decision that reshaped the outcome. Tune in to understand how this epic intellectual property struggle not only influenced legal precedents but also consumer perceptions and the dynamics of the global smartphone market.
Welcome to the first episode of "The IP Chronicles," a 10-part mini-series on the Black Letter podcast. Join Tom Dunlap as he delves into the intriguing world of intellectual property law, kicking off with the landmark case of Disney Enterprises Inc. vs. Redbox Automated Retail. Discover how the first sale doctrine was challenged in the digital age, pitting the media giant Disney against the rental service Redbox over the resale of digital download codes. Explore the nuances of copyright law, the evolution of digital commerce, and what this case means for the future of IP. Whether you're a legal enthusiast or just looking for something new to discuss at your next happy hour, this episode is packed with insights and engaging commentary. Don't miss it!
In this episode of the Blackletter Podcast, host Tom Dunlap is joined by Jennifer Morris, a partner at Dunlap Bennett & Ludwig, and Toby Musser from MNS Group. Together they discuss the intricate details of CMMC 2.0, a standard encompassing physical, operational, and cybersecurity measures. They look into the real-world application of the standard, focusing on compliance challenges, audit hurdles, and handling data breaches, especially for government contractors. The conversation also covers the nuances of legal and insurance responses to cybersecurity issues, offering valuable advice for maintaining robust security protocols and ensuring compliance with both federal and state regulations.
In this episode of the Blackletter Podcast, Tom Dunlap discusses the complexities of CMMC 2.0 with insights from Jennifer Morris, a partner at DBL Law, and Toby Musser of MNS Group. They provide a comprehensive breakdown of the new cybersecurity requirements imposed by the Department of Defense for government contractors.
Listeners will gain an understanding of the legal and technical implications of CMMC 2.0, the role of assessments, and the strategic importance of early compliance. This discussion is essential for any entity involved with DOD contracts, providing both legal and practical perspectives on navigating the updated CMMC landscape.
What does the future hold for non-compete clauses in the U.S.?
In this compelling episode, Tom Dunlap explores the sweeping changes introduced by the FTC's recent ruling that bans most non-compete agreements from late August 2024. This episode examines the lawsuit filed by the U.S. Chamber of Commerce challenging this decision and discusses the potential impacts if the ban is upheld or overturned. Tom provides a thorough analysis of the pros and cons of the enforcement of this ban, considering its effects on job mobility, business practices, and innovation across industries. Join him for a detailed breakdown of these legal transformations and what they could mean for employees and employers nationwide.
In this episode of the Blackletter Podcast, host Tom Dunlap is joined by Jennifer Morris, a partner at Dunlap Bennett & Ludwig, and Toby Musser from MNS Group. Toby Musser, an expert in cybersecurity and compliance, discusses the trajectory and focus of MNS Group, a technology company providing specialized services to government contractors and law firms. The conversation sheds light on the CMMC (Cybersecurity Maturity Model Certification) standards and MNS Group's role as an authorized C3PAO to offer audit and assessment services to the defense industrial base. Jennifer Morris complements the discussion by diving into her role in compliance and cybersecurity from a legal perspective, explaining how their collaboration benefits clients needing comprehensive audit and remediation solutions. The episode provides valuable insights into the intersecting realms of technology, law, and government contracting compliance.
What does the FTC's new rule on non-compete clauses mean for you and the U.S. workforce?
Today, Tom Dunlap walks us through the landmark decision that bans non-compete agreements for most employees starting at the end of August 2024. He offers a detailed analysis of when the rule takes effect, its implications, exceptions for certain roles and industries, and the ongoing role of state laws. Tom further explores the FTC’s motivation to enhance job mobility and stimulate innovation by eliminating these restrictive agreements. The episode also highlights a recent lawsuit that questions the FTC’s authority to enforce this ban. Tune in for a comprehensive breakdown and its potential effects on employment dynamics nationwide.
Join Tom Dunlap for a crucial Monday Morning Minute aimed at entrepreneurs and startup employees. This episode dives into the often misunderstood or overlooked 83(b) election—a vital tax strategy for those receiving stock as part of their compensation. Tom explains the potential for massive tax savings by making an 83(b) election early when stock is granted, rather than when it vests. He uses a clear example to illustrate how making the right tax choices early on can save thousands in the long run, especially as the value of the startup grows. Also discussed are the benefits of qualifying for long-term capital gains treatment sooner, and the risks involved if the employment is terminated prematurely. Whether you're a startup co-founder or an employee with equity compensation, understanding the 83(b) election can significantly impact your financial future. Tune in to make informed decisions and potentially save on taxes as your shares vest.
What does it take to achieve true happiness and high performance in today’s demanding world? Discover the answers as Tom Dunlap engages with well-being expert Jackie Quan on the Blackletter Podcast.
This episode takes a deep dive into the transformative power of mindfulness, physical activity, and social connections in enhancing both personal and professional well-being. Jackie Quan shares her expert insights on how daily mindfulness practices can lead to greater mental clarity and resilience, while physical movement acts as a crucial stress reliever and mood enhancer.
The conversation also unfolds the importance of nurturing quality relationships, revealing their profound impact on our happiness and success. Together, Tom and Jackie explore how these core elements are interconnected and essential for building high-performing teams, improving work output, and ultimately leading a more satisfied and balanced life.
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In this episode, Tom Dunlap discusses the transformative changes in the European patent landscape with the introduction of the Unified Patent Court (UPC) and the European Unitary Patent system. Designed to simplify the patent process across the European Union, this new system allows for a single patent application to cover all EU countries. Tom explains the significant benefits and potential drawbacks for US companies, highlighting how these changes can streamline operations but also pose risks. Tune in to this insightful episode to understand the full implications of the UPC and how it could affect your patent strategy in Europe.
Dive into the world of high-performing teams with the Blackletter Podcast as host Tom Danlap and guest expert Jackie Quan unravel the secrets to creating an effective, empathetic, and resilient work environment.
In this episode, they dissect the anatomy of high-performing teams, explore the destructive role of stress, and share groundbreaking insights from leading experts in the field. Listeners will gain a deeper understanding of the crucial balance between empathy and stress management, learn the neuroscience behind resilience, and discover practical strategies to foster a culture of mindfulness and positivity.
Whether you're a leader aiming to elevate your team or an individual seeking to thrive in a high-stakes setting, this episode offers invaluable wisdom and tips for transforming workplace dynamics and achieving peak performance. Join Tom and Jackie on a journey to decode the elements of success in team settings and harness the power of collective mindfulness for lasting happiness and efficiency.
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
How can Amazon’s Brand Registry empower business owners in today’s competitive online marketplace?
In this episode of the Blackletter Podcast, Tom Dunlap unravels the complexities of Amazon’s Brand Registry, following the insights from Amazon’s 2023 Brand Protection Report. He discusses the platform's significant investments in fighting counterfeit operations and enhancing brand safety. With expert advice on the importance of trademark registration and strategic utilization of Amazon’s ecosystem, Tom guides listeners through the process of securing their brand on Amazon. Through real-life examples and actionable tips, he highlights the benefits and challenges of the Brand Registry, making this episode essential for anyone aiming to safeguard their products and leverage Amazon’s tools for business success. Join us to discover how to use Amazon’s Brand Registry effectively while protecting your brand.
In this episode of the Blackletter Podcast, Tom Dunlap explores the legal and practical considerations of using a competitor's trademarks in search engine advertising. He discusses the fundamentals of trademark law, the concept of initial interest confusion, and the varying opinions among legal circuits. Tom advises businesses to exercise caution and take precautions when bidding on competitors' trademarked keywords to minimize potential legal risks. This episode provides valuable insights for businesses looking to navigate the complexities of search engine advertising while staying compliant with trademark infringement laws.
Dive into the world of high-performing teams with The Blackletter Podcast as we welcome Jackie Quan, a distinguished research administrator and program manager with an impressive track record in the pharmaceutical and biotech sectors. With decades of experience, including significant roles working with the National Cancer Institute and leading the management of multi-party, complex clinical trials, Jackie brings a wealth of knowledge and insights.
In this episode, host Tom Dunlap explores Jackie’s journey through the intricate landscape of pharmaceutical research, highlighting her pivotal role as a liaison managing complex, cross-organizational projects. Jackie shares her reflections on the nature of high-performing teams, drawing from her extensive career to identify what sets these teams apart from the rest.
Listeners will get a glimpse of the elusive "secret ingredient" that Jackie believes is key to team success, setting the stage for a deeper dive in future episodes. Join us on The Blackletter Podcast to unravel the mysteries of team dynamics and discover how to foster an environment where high performance is the norm. Whether you're a professional in the healthcare industry, a team leader looking to inspire, or simply intrigued by the science of teamwork, this episode is a must-listen.
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
Start your week off right with Tom Dunlap on the Blackletter Podcast's Monday Morning Minute. In this episode, we dive into the groundbreaking settlement reached by the National Association of Realtors (NAR) that's making waves in the real estate world.
Join us as we explore the NAR's $418 million settlement over four years, which marks a significant change in their practices, particularly in the Cooperative Compensation Model. What exactly is the Cooperative Compensation Model? How does it affect home buyers and sellers? We'll break it down for you in plain English, no complicated legal jargon (unless you want it)!
Discover how U.S. real estate agents operate under this model and its impact on commissions. We'll discuss why the lawsuit deemed this practice too expensive and its chilling effect on the market. You won't believe what the jury had to say, and how the NAR appealed before ultimately deciding to settle.
But here's the juicy part — what does all of this mean for you? Tune in as we discuss how this settlement could potentially change the standard 6% real estate commission, ultimately saving buyers and sellers some serious dough. Could this lead to a hotter home market and more homes on the move? We'll discuss the possibilities and speculate on the future.
Join Tom Dunlap as he dives into the recent guidance released by the USPTO on the use of artificial intelligence (AI) in the invention process. From debunking myths to outlining the PANU test, Tom provides valuable insights and practical advice on how to navigate the intersection of AI and patents. Plus, he shares the five big principles from the USPTO's guidance and highlights the importance of disclosure. Don't miss out on this eye-opening episode that could save your patents from potential litigation! Check out our blog for even more details.
In this episode of The Blackletter Podcast, President, Founder, and CEO of sbLiftOff Sharon Heaton, along with Wright Lewis, Partner at Dunlap Bennett & Ludwig, join host Tom Dunlap to discuss the role of M&A lawyers in the selling process of a business.
The conversation uncovers the preparations that businesses need for a successful sale, including business valuation and business succession strategies. Sharon and Wright explain how M&A lawyers assist clients in these tasks and help increase the value of their businesses.
The episode emphasizes the importance of assembling a skilled M&A team, including an advisor, lawyer, and accountant, to navigate the complexities of these transactions. Sharon also shares her insights on the challenges of valuing and selling businesses, highlighting the essential factors, such as growth, margins, and backlogs, to consider when determining a business's valuation.
Tune in to this episode to gain expert knowledge on business valuation and sale preparation.
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In this insightful episode, Tom Dunlap explains the complexities of patent eligibility under Section 101, focusing on its critical role in the world of software and abstract ideas. This episode illuminates the foundational requirements for patent-eligible subject matter and addresses the notable exceptions that pose challenges for inventors, such as laws of nature, natural phenomena, and abstract concepts. Highlighting the landmark Alice Corp v. CLS Bank case, the discussion introduces the Alice Test, a crucial two-part analysis devised by the Supreme Court to assess patent eligibility. By examining real-world case studies, Tom offers nuanced insights into distinguishing between abstract ideas and patent-eligible inventions, providing a roadmap for developing a strategic approach to patent applications. Join us for a deep dive into the essentials of patent eligibility and how to ensure your innovation stands the test of patentability.
On this episode of The Blackletter Podcast, Tom Dunlap is joined by Sharon Heaton, the president, founder, and CEO of sbLiftOff. Together, Tom, Sharon, and Wright Lewis, a partner at Dunlap Bennett & Ludwig, uncover the role of mergers and acquisitions (M&A) lawyers in helping businesses sell through preparation processes like business valuation and business succession strategies.
On the show, Sharon and Wright explain how M&A lawyers work with clients on estate planning and business succession tasks and help businesses increase their company value. Together, they detail the effort involved in preparing a business for sale and discuss the essential roles of M&A teams, including the advisor, lawyer, and accountant. Finally, Sharon explains the challenges of valuing and selling businesses and emphasizes the importance of considering various factors when determining a business's valuation, including growth, margins, backlogs, and more.
Listen to this episode for expert knowledge on business valuation and sale preparation. And tune in to the next episode of The Blackletter Podcast, where Sharon will share her three major pieces of advice for anyone looking to sell their business.
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In the United States, the timing of patent filings and public disclosure play a significant role in preserving your rights. Join Tom Dunlap as he discusses the pitfalls and crucial considerations regarding the protection of your innovative ideas and public disclosure.
Discover what constitutes public disclosure and the level of information necessary to enable someone to replicate your invention. From publishing on the web to sharing with manufacturers, Tom sheds light on how to navigate disclosure effectively. Learn why relying solely on NDAs and contracts may not be sufficient and explore alternative options such as filing a patent application, provisional applications, or leveraging the Patent Cooperation Treaty (PCT) for global protection.
Don't let a simple disclosure jeopardize your inventive endeavors. Tune in to this episode of the Blackletter Podcast to gain valuable insights and ensure the security of your intellectual property. For further resources, visit our website at dbllawyers.com and make sure to follow the Blackletter Podcast wherever you listen to podcasts.
On this special bonus episode of The Blackletter Podcast, Tom Dunlap is joined by Gerald LeMelle, an immigration attorney and Partner at Dunlap Bennett & Ludwig, to discuss the upcoming deadlines for employment-based visas, green cards, and other immigration status documents. Gerald enlightens listeners on the intricacies of these complex residency processes and discusses his role as an immigration attorney.
In this timely interview, Gerald shares the professional background that led to his role in immigration law and his current specialization in business immigration, including H1B visas, L visas, and employment-based green cards. Through his long-time involvement in human rights work, Gerald had the motivation to tackle the complicated U.S. immigration system and advance in his profession. He explains the purpose of different immigration tools and programs, including employer-based green cards and H1B visas that companies use to hire foreign workers. Of course, timing is crucial for visa documentation, and Gerald shares why deadlines are such a vital consideration when navigating complex U.S. immigration laws.
Check out this time-sensitive bonus episode to hear Gerald share his expertise as an immigration lawyer preparing for filing deadlines and managing immigration procedures. Join us again for our upcoming episode, where Tom will interview another expert guest on his mission to demystify law and business!
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In this episode Tom Dunlap discusses the controversial topic of patenting human genes. Specifically, he discusses the landmark Myriad decision in 2013, where the Supreme Court ruled that nobody could own human genes under a patent. Prior to this decision, research organizations and pharmaceutical companies argued that they spent millions of dollars discovering unique gene sequences and should have the right to patent them. However, this stifled research and prevented advancements in the field. Since the Myriad decision, more than half of all clinical trials require the use of some kind of human gene biomarker - leading to the availability of 286 targeted therapies by 2020. Join us as we explore the impact of the Myriad decision on medical research and the importance of not owning life.
Join Tom Dunlap as he explores the significant Supreme Court case, Smith v. Spizzirri, which examines a crucial legal question: the diverging approaches of circuit courts toward the dismissal or stay of lawsuits during arbitration. This case stands at the crossroads of alternative dispute resolution (ADR), challenging current arbitration practices and potentially reshaping the future of business litigation in the U.S. Dunlap breaks down the concept of arbitration, its role in resolving disputes outside traditional courtrooms, and its benefits for privacy, efficiency, and control over the legal process. With a spotlight on key arbitration institutions such as the American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), International Chamber of Commerce (ICC), and London Court of International Arbitration (LCIA), this episode is a deep dive into the implications of arbitration clauses in contracts and the impact of the upcoming Supreme Court decision on businesses, legal practitioners, and the broader system of dispute resolution. Whether you're a legal professional, involved in business, or simply interested in the dynamics of arbitration, this episode offers valuable insights into a critical legal development.
To kick off season 11 of The Blackletter Podcast, Tom Dunlap is joined by special guest Sharon Heaton, the president, founder, and CEO of sbLiftOff. Together, Tom, Sharon, and Wright Lewis, a partner at Dunlap Bennett & Ludwig, discuss how sbLiftOff helps entrepreneurs grow and enhance their businesses for successful sales and elevated wealth.
In this first segment of the interview, Sharon shares her motivation for starting her passion project, sbLiftOff. She also discusses the science and the emotions behind business sale, which is a key theme of her book, "LIFT OFF: 12 Things to Know Before You Sell Your Company." Upon realizing the emotional commitment of founder-owned businesses, Sharon learned the importance of tactful entrepreneurship, informed risk-taking, and thorough valuation in the mid-market. In creating sbLiftOff, Sharon aimed to help middle-market businesses with valuation and sales by sharing insights from her company experiences and valuation strategies.
Tune in to this episode to hear Sharon's advice on planning for business growth and avoiding common mistakes that can reduce a company's value. And remember to check back for the next episode of The Blackletter Podcast, where Sharon will be sharing more knowledge from her book and explaining more about the value that sbLiftOff offers to its clients.
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In this episode, host Tom Dunlap delves into the pivotal changes and exciting opportunities surrounding H-1B visas in 2024. Whether you're an employer in the tech or biotech industries, or simply curious about the complexities of immigration law, this podcast is a must-listen. Tom discusses the US State Department's groundbreaking pilot program, launched on January 29th, 2024, which significantly alters the H-1B visa renewal process for the first time in two decades. He explains the shift from the previous policy, its implications for workers from India and Canada, and the potential expansion of the program. Additionally, Tom breaks down the basics of H-1B visas, including eligibility, employer responsibilities, and the lottery system. Tune in to gain valuable insights from Tom and stay informed about the latest developments in H-1B visa regulations.
In 2023, The Blackletter Podcast host Tom Dunlap held many enlightening interviews in his mission to demystify law and business principles. As guests shared their insights, they each concluded their interviews by providing their top takeaways regarding the key foundations of business and law. On this special 2023 recap episode, we have gathered the fundamental elements of advice shared by each guest throughout the year's fascinating conversations. Listen in to gain real expert advice on the principles of law, business, and life.
Career success through planning, persistence, and patience.
Marc Fava, an attorney who works as an ombudsman and Vice President for Boeing Corporation, discussed how planning, persistence, and patience can help people achieve success in their careers. Mark shares examples of these elements within his own life, including how purposeful planning, persistence, and patience led to him getting work from American Airlines two years after his initial rejection.
Career advice, compliance, and having fun in the workplace.
Mark Nichols, the Chief Counsel for the Federal Aviation Administration, discussed the knowledge that he gained throughout his career to mentor and how he uses it to advise and lead other veterans and attorneys. Nichols advises young professionals to think about their careers in five-year increments and pursue relevant experience to be competitive in their industry.
Reaching out for help to achieve business success.
Jennifer Morris, a former attorney for the CIA with law experience inside the government and businesses, discusses the importance of reaching out for help to achieve business success and shares how small businesses can seek help from organizations like the Small Business Administration and consultants to address compliance issues.
Business success factors, risk management, and leadership.
Tracy Pilone enlightens listeners on how her company, Element 84, leverages innovative strategies in satellite data, allowing for transformative business practices. Throughout this, she covers principles like risk balancing and risk management. She also provides her key advice and insights for managing teams, highlighting the importance of being cognizant of risk tolerance levels and planning accordingly.
Leadership, planning, and resource management for a nonprofit organization.
In this segment, former Army officer Gordon Sumner discussed the changes he had to make to succeed with his nonprofit organization, Veterans Moving Forward. Gordon emphasizes the importance of buy-in, flexibility, and resource allocation in organizational planning. He discusses how team input can be a valuable resource for leaders and emphasizes the importance of seeking input from team members while still maintaining a clear decision-making process.
Entrepreneurship, execution, and goodwill.
Aleko Bravo Greenberg shares how his entrepreneurial experiences offered lessons about starting a successful business, including the importance of innovative strategies, transformative decisions, and execution to getting things done rather than perfecting a product. He and Tom go on to share their thoughts on the value of goodwill and maintaining connections with people who want to see you succeed, both within and outside of the company.
Building and leveraging a professional network.
Jason Levin, founder of Ready, Set, Launch, advises listeners on ways to achieve their business pursuits by discussing concepts from his book, "Relationships to Infinity: The Art and Science of Keeping in Touch." Covered themes include gratitude practices, people's "Bermuda keep in touch Triangles," and commonality. While people often struggle with reaching out to old friends due to fear of rejection or guilt, Levin provides insight into breaking through these barriers. He identifies guilt, fear, and worry as the three foundational motions that can hinder maintaining relationships.
The Blackletter Podcast will be returning shortly Season 11. Until then, you can check out season 10's episodes available online at https://www.dbllawyers.com/podcasts-seasons/
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In this episode of the Blackletter Podcast, host Tom Dunlap delves into the intricacies of the Corporate Transparency Act (CTA), a groundbreaking law enacted by the U.S. Department's Treasury Financial Crimes and Enforcement Network (FinCEN). Discover why the CTA is a game-changer for companies of all sizes, from small startups to large corporations, as it mandates the disclosure of detailed information about beneficial owners. Tom breaks down the criteria for reporting companies and the exemptions available, shedding light on how this legislation impacts businesses formed under U.S. law, both domestic and foreign. Learn about the reporting requirements, key deadlines, and the comprehensive information that must be submitted to FinCEN. Whether you're a business owner, lawyer, or accountant, this episode is a must-listen to ensure compliance with the CTA and stay ahead of the regulatory curve. Share this valuable information with fellow entrepreneurs, and start your week informed and prepared.
Gear up for another riveting episode of the Blackletter Podcast's Monday Morning Minute with your host, Tom Dunlap. This time, we're peeling back the layers of mystery around the practice of sealing and unsealing legal documents. Dive into the captivating legal maze to unravel why judges seal documents, and the conditions that lead to their unsealing.
Our journey takes a thrilling turn as we discuss the recent lawsuit involving Jeffrey Epstein, a case that has left the nation in awe and intrigue. We'll shed light on the motives behind document sealing, which range from shielding personal details, safeguarding trade secrets, to preserving the sanctity of ongoing investigations and even ensuring safety in criminal proceedings.
Join our exploration as we dissect how documents are sealed, the potent role public interest plays, and the moments when sealed documents see the light of day. Don't miss this insightful discussion on a crucial aspect of our legal system. Subscribe to the Blackletter Podcast for more thought-provoking content every week!
On season 10 of The Blackletter Podcast, host Tom Dunlap was joined by a range of fascinating guests to demystify business and law. Each guest brought their personal experiences and professional expertise to the table as they discussed the complex facets surrounding business and law.
On this episode, listeners get to revisit some of the noteworthy subjects covered throughout the season's conversations. Tune in to this episode to hear profound insights on law and business from some of the top professionals in the game!
Introducing Innovation and Transformation
- Episode 8 (Tracy Pilone - Element 84's Open Science and Open Data): In episode 8, guest speaker and business leader Tracy Pilone reveals how her company, Element 84, leverages innovative strategies in satellite data, allowing for transformative business practices.
- Episode 10 (Aleco Bravo-Greenberg - Transforming a Breeding Farm): Business owner Aleco Bravo Greenberg shares a story that illustrates a unique business transformation and shows a unique aspect of innovative decision-making.
Strategic Shifts and Decisions
- Episode 2 (Anthony Brown - Transition to Patent Monetization): This revealing episode focused on guest speaker Anthony Brown's career shift and highlighted the personal aspect of transformative decisions in the realm of intellectual property.
- Episode 1 (Jennifer Morris - Compliance and Cybersecurity in Government Contracts): Cybersecurity law expert Jennifer Morris shares her approach to complex regulatory environments in government contracts and emphasizes strategic innovation in a highly specialized field.
Personal Journeys and Professional Transformations
- Episode 5 (Dubs Herschlip - Personal Experience with Estate Planning): This segment adds a personal touch to the theme of season 10, as guest Dubs Herschlip shares his story and shows how personal experiences can lead to professional transformation.
- Episode 11 (Aleco Bravo Greenberg - Entrepreneurial Journey): Revisiting episode 11, Aleco shares how his entrepreneurial experiences offered lessons about the importance of innovative strategies and transformative decisions for starting and growing a business.
Practical Applications and Strategic Advice
- Episode 6 (Dubs Herschlip - Estate Planning Decision-Making): Tom and Dubs Herschlip share an enlightening conversation focused on practical applications of innovative strategies in estate planning, and Dubs offers viewers valuable advice.
- Episode 4 (Anthony Brown - Patent Homework and Understanding): Concluding the episode, this segment from season 10, episode 4 circles highlights the importance of informed decision-making in intellectual property.
The Blackletter Podcast will be returning in 2024 with Season 11. Until then, you can check out season 10's episodes available online at https://www.dbllawyers.com/podcasts-seasons/
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
Join Tom Dunlap in this insightful episode as we delve into the intricate world of antitrust laws. This week, Tom breaks down the recently released 51-page guideline document by the Federal Trade Commission and the Justice Department. With a blend of historical context and contemporary examples, he explains the role of antitrust laws as the 'referees' of the business arena, ensuring fair play and competition. The episode takes a critical look at recent actions by the FTC and the Justice Department, particularly concerning market dominance and conflicts of interest in big tech acquisitions, using Amazon's acquisition of Ring as a case study.
Tune in for a comprehensive and accessible breakdown of antitrust laws and their impact on business practices. Whether you're a business professional, a student, or simply curious about the dynamics of market competition, this episode offers valuable insights into the ever-evolving world of antitrust enforcement.
Join host Tom Dunlap in this insightful episode where he explores the legalities of workplace monitoring and privacy. Delving into the foundational Katz case, Tom explains the nuances of federal and state laws, including the one-party and two-party consent rules for audio recordings. He discusses the intricacies of monitoring methods such as emails, phone calls, and camera surveillance, emphasizing compliance with the Americans with Disability Act and the National Labor Relations Act. Tom offers practical advice for businesses on forming clear monitoring policies and obtaining employee consent, alongside real-world case studies like Ontario vs. Quon. This episode is a concise guide for understanding and navigating the complex world of employer-employee privacy and monitoring laws.
Blackletter Podcast is back once more to demystify law and business, with special guest Aleco Bravo-Greenberg sharing his unique stories. Tune in to hear host Tom Dunlap get the inside scoop from Aleco on his top business ventures, including his recent involvement with Soldier Fuel energy bars!
Today, Soldier Fuel energy bars are sold to military and government agencies worldwide, but this wasn't always the case. Check out the show to hear Aleco talk about the challengess the company overcame to roll out energy bars for soldiers, eventually shifting focus to larger contracts. Aleco discusses product development, networking, and entrepreneurship throughout the episode, sharing his advice for listeners to follow if they, too, want to take their company from a small dream to a national success.
Tune in to hear more of Aleco's interview, and remember to check back to episode 12 to learn more about law and business on the Blackletter Podcast.
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In this insightful episode, host Tom Dunlap demystifies the Small Business Innovation Research (SBIR) program—a pivotal federal initiative designed to provide R&D funding to qualifying small businesses. Drawing from his dual expertise as a former biotech startup founder and an attorney, Dunlap sheds light on the three-phase process of obtaining SBIR grants, sharing his firsthand experience with the program's substantial benefits, including a $150,000 phase one validation grant and a subsequent million-dollar award for technology actualization. He underscores the program's track record of success by highlighting household names like Qualcomm, Symantec, and iRobot as past recipients. This episode is a must-listen for small business owners and innovators looking to leverage SBIR grants for technological breakthroughs and market success. Tune in to discover how SBIR can be your springboard to innovation and join Tom Dunlap in exploring strategies to navigate this government-administered opportunity.
Tune in to this episode of the podcast, where Tom Dunlap is joined by Aleco Bravo-Greenberg, owner of multiple companies with impressive experience in the world of business. Throughout the show, Aleco shares his diverse background, various career shifts, and the risks he took to make his goals a reality.
From landing a full series deal to produce a show for the Weather Channel to turning his late father's thoroughbred breeding farm into an Olympic-level equestrian venue, Aleco has lived many lives and has many great stories to show for it. He describes these personal experiences on the show as he and Tom discuss his impressive and unpredictable career journey.
Listen to Aleco's interview about his career transitions, and tune in for episode 11 to hear about some of the tough lessons he learned along the way.
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
Join Tom Dunlap in an engaging episode as he unravels the intriguing 'Florida Man' phenomenon. This episode delves into the question: are these outlandish and often amusing news stories mere myths or a slice of reality? Tom examines a range of bizarre incidents, from a naked man hugging a tree and assaulting an officer, to a man with a Florida tattoo seeking a 911-assisted ride home, to a thrill-seeker clinging onto a fast-moving truck. He sheds light on the reasons behind this stereotype, including Florida's Sunshine Law, media sensationalism, confirmation bias, and the state's diverse demographic makeup. Offering insightful perspectives, this episode transforms the way we perceive these widely-discussed 'Florida Man' tales. Don't miss this captivating blend of humor, legal insight, and cultural commentary, ideal for sparking lively discussions during your Thanksgiving week.
In this episode, Tom Dunlap is back once more with guest speaker Tracey Pilone, CEO of Element 84. On the show, Tracey chats about the trajectory of Element 84, which makes big data from satellites understandable and manageable for organizations. She shares fascinating insights on the future of big data derived from satellite technology, and its potential to change the world.
Element 84 also recently acquired another satellite data company, and Tracey provides her key takeaways from the experience. Finally, she discusses how maintaining flexibility in her business structure, reinvesting earnings, and understanding risk tolerance have been key factors in helping the company flourish.
Tune in to this episode to hear Tracey’s expertise on satellite data contracts and business growth!
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In this episode of the Blackletter podcast's Monday Morning Minute, host Tom Dunlap discusses international trademarks and underscores the strategic importance of protecting your brand globally and acting swiftly to avoid potential issues. Listen to the episode to get clarity on the misconception of a single "international trademark," a recommendation for efficient multi-country filings, and the significance of working with experienced attorneys, especially when navigating national office actions in different countries.
Remember, early action can lead to significant long-term savings and legal security for your brand. Visit the DBL website for more insights, and don't forget to tune into the Blackletter podcast for further enlightening discussions on legal matters.
This morning Tom Dunlap discusses the recent ruling by the International Trade Commission (ITC) that has potentially put a damper on many Christmas wish lists. Discover why the Apple Watch might be missing under the tree this year, all because of a light-based technology for reading blood oxygen levels. Navigate the intricate workings of the ITC, its historical precedents, and the special powers that the President holds in these scenarios. Did you know about the 2013 veto involving iPhones and iPads? Tune in to uncover the full story, its implications, and Tom's advice for those hoping to gift or receive an Apple Watch this festive season. Don't miss out on this blend of law, technology, and holiday shopping drama!
In this episode, Tom Dunlap is joined by special guest Tracey Pilone, CEO of Element 84, to discuss government contract work for NASA and satellite companies. Through Element 84, Tracey works together with a team of engineers, designers, and managers to solve complex geospatial challenges. However, this was not Tracey’s initial career aspiration.
Tune in to hear how Tracey transitioned from a role in construction management to becoming a head of a successful satellite data company. She explains how she pivoted in her professional journey after realizing their master's degree was not being utilized, going from a freelancer to a CEO. Tracey also discusses Element 84’s focus on open science and satellite data for government agencies, as well as the AI potential for the future of technology in the satellite data industry.
Listen to this episode to hear more about this fascinating career experience, and to learn more about satellite data contracts!
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In this episode, Tom Dunlap dives into a critical topic that affects every employer: understanding the distinction between exempt and non-exempt employees. With clear explanations and practical insights, Tom breaks down the Fair Labor Standards Act and its implications for overtime pay. Discover who qualifies as exempt and why misclassification can lead to costly legal repercussions. Don't miss this essential guide to ensure your employees are classified correctly, saving you from potential headaches down the line. Join Tom for a concise yet invaluable discussion that could protect your business. Tune in now!
In this episode, Tom Dunlap is chatting once more with Dubs Herschlip, an expert in all things involved in estate planning. Dubs uses his experience with transactional law, dispute resolution, and estate and legacy planning as he shares his insights throughout this episode. Listeners can gain a professional's advice on the significant tips and topics people should know about estate planning!
Listen in on this interview to expand your knowledge about organizing end-of-life arrangements. Dubs explains many essential elements in the planning process, including healthcare directives, durable power of attorney, and critical documents you should know about to be prepared when the time comes. Learn practical information regarding organizing key contacts, providing instruction for digital assets, planning ethical wills, and the importance of the "menu for life-sustaining treatment" form.
Tune in to the show to access critical insights for correctly navigating the end-of-life planning process. And to catch up on other segments from Dubs' interview, check out previously relieved episodes from season 10 of the Blackletter Podcast!
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
Join Tom Dunlap as he unravels the world of cybersquatting through compelling real-life cases. From PETA's clash with Michael Doughney to Sting's battle for sting.com, Tom explores the legal intricacies and outcomes. Discover the cost-effective Uniform Domain-Name Dispute-Resolution Policy (UDRP) and gain insights on navigating domain disputes. Don't miss this enlightening Monday Morning Minute!
In this episode, Tom Dunlap is joined by Dubs Herschlip, a seasoned expert in estate planning, with over two decades of experience. Dubs brings a unique blend of legal expertise and personal understanding, having navigated the estate planning process firsthand. He shares practical insights and invaluable advice illustrating the importance of careful estate planning.
Discover the five key tests to determine whether a living trust or a will is the right choice for you. From considerations like property outside your home state to the presence of permanent dependents, Dubs provides a comprehensive checklist to guide your estate planning decisions.
Join us as we explore essential tips for end-of-life planning and estate management. Whether you're new to estate planning or seeking to refine your approach, this episode offers invaluable advice to help you make informed decisions.
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In this episode, Tom Dunlap offers valuable insights for aspiring business owners looking to make a strategic move. Delving into the pivotal decision of whether to opt for an equity or asset purchase, Tom breaks down the advantages and potential pitfalls of each option. Discover why, more often than not, an asset purchase might be the wiser choice, providing a clean slate and protecting you from inheriting the seller's historical liabilities. Gain a comprehensive understanding of the factors to consider and the questions to ask your lawyer before taking the plunge into business acquisition. Don't miss this essential advice for a seamless transition into entrepreneurship.
In this episode, Tom Dunlap takes us on a fascinating journey into the world of de-extinction. Exploring the controversial realm of bringing extinct species back to life through genetic material, Tom raises thought-provoking questions about the legal and ethical implications surrounding this cutting-edge science. Tom also touches on biopiracy and bioprospecting, addressing the rights to genetic material from both the original source and the newly created organism. He highlights the significant challenges faced by science, as well as the legal, ethical, and environmental considerations involved in resurrecting extinct species. How would you handle the complexities surrounding a de-extinct creature, such as a woolly mammoth?
Join the Blackletter podcast this week, where host Tom Dunlap explores how personal life-changing experiences can lead to intense lessons in life and law. Tom sits down with his law partner and special guest Dubs Herschlip, a partner of Dunlap Bennett & Ludwig who offers a unique perspective on end of life law.
The passing of a loved one can be an intense experience, where peacefulness and compassion is of the utmost importance. Dubs advises listeners on how managing assets beforehand can help families avoid unnecessary stress and challenges during this sensitive time. Dubs has personal knowledge on the importance of compassion and patience in end of life legal situations, and shares a story of his own life-changing experience that led him to this specialized area.
This enlightening episode expands on a variety of topics related to end of life matters. Dubs shares his expertise on various areas including:
- Assets and beneficiaries
- Information regarding environmental burials
- Legal advice for estate state planning
So listen in on this intense episode to gain the knowledge and advice from a lawyer with experience and expertise on end of life law!
The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.
Follow us on YouTube!
Don’t have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!
Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In an age where our digital footprints linger indefinitely, discover how this right, rooted in the EU's GDPR, allows individuals to request the removal of inaccurate or irrelevant information from search engines and websites. Tom Dunlap explores the delicate balance between personal privacy and the public's right to information, as well as the challenges faced by data controllers. Join us as we navigate the complexities of this evolving legal landscape and ponder its global implications. Tune in for a thought-provoking exploration of the Right to Be Forgotten and its impact on our digital world.
In this episode, host Tom Dunlap explores the intricate world of underwater salvage law. He discusses the conventions guiding salvage efforts, the complexities of balancing salvor rights with the interests of nations and original owners, and highlights the famous "ship of gold" case involving the SS Central America. The case showcases the legal battles over ownership of treasures found in sunken ships and underscores the multifaceted nature of underwater salvage law.
Step into the world of intellectual property and patent monetization with the Blackletter Podcast. In this episode, host Thomas Dunlap welcomes back Anthony Brown, an expert from Tech Search, to delve into the intricacies of patent ownership and enforcement.
Throughout the conversation, Anthony shares his wealth of experience in the field, recounting tales from the early '80s when computer technology was at its nascent stage. He brings to light both stories of failure and success, including one where he transformed the life of a widow.
The core of the episode revolves around distilled wisdom for patent owners and potential sellers. Tony's advice takes center stage:
- Do Your Homework and Find a Good Attorney
- Build a Strong Patent Portfolio
- Write Patents in Understandable Language
Explore a wealth of valuable insights for both patent owners and enthusiasts in this captivating episode of the Blackletter Podcast. Discover practical advice, engaging anecdotes, and even a dash of literary appreciation.
Join host Tom Dunlap in another enlightening episode as he discusses the intriguing topics of bioprospecting and biopiracy. He explores the distinction between these practices, with bioprospecting involving the ethical search for beneficial biological resources and biopiracy encompassing the unauthorized exploitation of such resources without proper credit or consent. Tom shares prominent examples like the basmati rice patent dispute between the US and India, as well as instances involving turmeric, the neem tree, and other resources. He highlights the legal framework, including the Convention on Biological Diversity, which seeks to ensure fair benefits sharing and prior informed consent. Tune in to hear Tom's thoughts on the need for a balanced approach that respects traditional knowledge while promoting innovation in our globalized world.
Join Tom Dunlap as he delves into the fascinating world of micronations—tiny, self-declared independent countries often existing in legal gray areas. Exploring the concept of micronations as symbolic gestures, protests, or declarations of sovereignty, Tom introduces listeners to notable examples like the Republic of Molossia, Hutt River Province, and the Conch Republic.
However, the highlight of this episode is the riveting tale of the Principality of Sealand. Tom recounts how a British man named Roy Bates declared an abandoned sea fort off the coast of England as the independent Principality of Sealand, complete with its own prince. Legal battles and dramatic incidents ensued, revealing the intricate dynamics between these micronations and established countries.
In this thought-provoking episode, listeners gain insight into the world of micronations, learning about their quirky origins, legal complexities, and the surprising impact they can have on people's lives. So, tune in for an intriguing exploration of these small yet captivating self-proclaimed countries."
What important lessons can be learned from patent lawsuits?
On the Blackletter podcast this week, host Tom Dunlap is joined again by guest Anthony Brown, a former lawyer and President of Cascades Ventures, as they continue his three-episode interview series. Anthony is a patent monetization expert who has joined the show to discuss his insights on patent litigation.
On this episode, Anthony shares stories from his career on the patent litigation front, including one of his initial significant cases involving patent infringement claims, bankruptcy proceedings, supreme court appeals, and more. He discusses what he learned through the experience and how the publicity surrounding the case helped launch his company. Anthony also discusses one of his early patent cases involving undivided ownership interest between an inventor and the widow of the other inventor. He shares the steps he took to help the widow earn money from the invention, enabling him to acquire the rights to the patent.
Check out this episode to hear more about Anthony's career experiences with patent monetization. And tune in for the final segment in this interview series of The Blackletter Podcast, where Anthony tells listeners about the three crucial pieces of information they should know before engaging in patent monetization.
Delve into the fascinating realm of music publishing and royalties with Tom Dunlap as he explores the iconic collaboration between Michael Jackson and Paul McCartney on the song 'Say Say Say,' leading to an unexpected twist involving The Beatles' catalog. Discover how Michael Jackson's strategic acquisition of music rights paved the way for a lavish lifestyle and dig into the intricate world of mechanical royalties, performance royalties, synchronization fees, and print rights. Explore the legacy left behind by this strategic move, and gain insights into how music publishers generate income through various rights channels. Tune in to uncover the interesting tale of ownership, royalties, and the interplay between legendary artists in the ever-evolving landscape of music rights.
In this compelling episode, Tom Dunlap delves into the intricate world of witness tampering, examining its profound significance, legal ramifications, and evolving challenges in the age of social media. Drawing from recent headlines surrounding former President Donald Trump's alleged witness tampering on the Truth Social platform, Tom takes you on a thought-provoking journey through the dark corners of legal manipulation and intimidation. Tune in to gain a comprehensive understanding of the multifaceted issue of witness tampering in today's digital communication age.
What role do lawyers have in the business of patents and intellectual property?
On the Blackletter podcast this week, host Tom Dunlap sits down with episode guest Anthony Brown, a former lawyer and President of Cascades Ventures, who made a significant switch in his professional path when he began working in patent monetization. After spending the beginning of his career as a law firm partner and a government attorney, Anthony decided to turn to the business end of IP and patents and now runs a company that performs patent monetization.
On the episode, Anthony explains how he got into patent monetization and what this line of work entails. In doing so, he expands upon the importance of patents, what it means to have one, and the various factors that may influence a patient's value. Although each case is unique, Tony sheds light on the general ins and outs of the patent monetization process and intellectual property law.
To hear about Anthony's career in law and patent monetization, tune in to this enlightening episode! And check back in for the next installment of The Blackletter Podcast, where Anthony shares a deep dive into some of the personal experiences he has gained throughout his profession.
Anthony Brown LinkedIn
In this episode, Tom Dunlap delves into a groundbreaking Supreme Court case involving Jack Daniels Properties and Bad Spaniels. The battle over a trademark takes an unexpected turn when Bad Spaniels claims their parody chew toy is protected by the First Amendment. But what will the Supreme Court decide? Does the First Amendment shield them from trademark infringement claims? The verdict holds significant implications for brand owners. Tune in to discover the shocking ruling and its potential game-changing effects.
What advice would an expert give on maintaining business security and compliance?
On the Blackletter podcast this week, host Tom Dunlap interviews episode guest Jennifer Morris, a former attorney for the CIA with law experience inside the government and businesses. Jennifer is here to share her insights on business compliance, risk balancing, and risk management. As a professional with top-secret clearance, Jen had to become an expert in the ins and outs of security and compliance. Today, she helps clients in the private sector and tells listeners everything she can share about her current role.
Business compliance is a tough act to balance, and Jen shares how her background helps her bring a business perspective to the practice of law regarding compliance and risk management. From safely securing government contracts to gaining cybersecurity maturity model certification, she explains all of the different aspects of her role that enables her to provide professional expertise on business security.
Tune in to learn more in this fascinating episode of the Blackletter podcast!
In this episode, Tom Dunlap delves into the recent Supreme Court ruling that struck down the ability of universities to use race as an additional factor in student admissions. He provides a comprehensive overview of the history of affirmative admissions practices, the key legal cases that shaped these practices, and the subsequent changes in admissions policies. Tom examines the Supreme Court's opinion on the matter, highlighting the reasoning behind their decision. He also explores the implications of this ruling for universities and discusses the alternative approaches they may adopt to achieve diversity goals. Join us as we delve into the complex landscape of race-based admissions and its impact on higher education institutions.
How can law professionals break through the barriers to achieve their success?
On the Blackletter podcast this week, host Tom Dunlap revisits some prior season 9 episodes where he and guest speakers discussed professional success and how to achieve it.
The power of small numbers with Gordan Sumner (0:44)
As a former Army officer, Gordon Sumner had to make significant changes to succeed with his nonprofit organization, Veterans Moving Forward. In his interview with Tom, Gordan discussed his organization which provides service and emotional support dogs to veterans, and the logistics challenges he overcame as its CEO.
He explains that teamwork, finding true believers in his mission, and increasing monthly donor support is crucial to his nonprofit. He also provides personal experiences to elaborate on the power of small numbers. In addition, he shares that asking for input from the rest of his team is integral to his organization.
Finally, he shares his advice for organizations struggling to manage their operations and resources.
Check out the interview on episodes 96, 97, and 98 of the podcast!
The three pieces of LinkedIn with Jason Levin (7:54)
Next, we check out this interview with Jason Levin, where he discusses the value of business connections. Jason is the author of “Relationships to Infinity: The Art and Science of Keeping in Touch.”
Jason shares his relationship-building insights for attorneys looking to network through LinkedIn. He shares that, aside from establishing connections, there are two essential pieces to LinkedIn: maintaining a robust profile and sharing valuable content. He elaborates on what makes a good profile and how content on the platform can help attorneys show off their expertise, share their accomplishments, and advance their goals.
He also gives advice to anyone looking to boost their networking and professional relationship-building skills. These include building a list of important professional contacts, reframing your mindset from transactional networking to authentic relationship building, and overcoming your “Bermuda keep in touch triangle” barriers keeping you from establishing connections with others.
Check out the interview on episodes 100, 101, and 102 of the podcast!
The things to do to succeed with Mark Fava (17:44)
The episode concludes with a segment from Tom’s interview with Mark Fava, an attorney who works as an ombudsman and Vice President for Boeing Corporation. Mark explains how law professionals can succeed in their pursuits by using his three pieces of advice: purposeful planning, persistence, and patience.
Check out the interview on episodes 103,
In recent news, the United States and the Dutch government have announced tighter regulations on exports of certain circuit boards and semiconductor chips to China. Tom Dunlap discusses the importance of understanding three essential rules for exporting and importing from the United States.
- Export Administration Regulations (EAR): Deals with commercial goods and non-controlled, non-military items.
- International Traffic in Arms Regulations (ITAR): Involves the US Munitions List (USML) and is more stringent, aimed at preventing military-use items from reaching unfriendly foreign countries.
- Office of Foreign Assets Control (OFAC): Administers economic sanctions against countries and individuals, making it vital to check for prohibited items and persons when dealing with exports to certain countries.
To find more information, one can visit export.gov, the state department's website, or the OFAC website. It's crucial to seek advice from an attorney or an expert in ITAR, EAR, and OFAC Rules before exporting anything of potential military value, such as software or items related to space.
Overall, understanding these regulations is essential to comply with export and import requirements properly.
This week on Monday Morning Minutes, Tom Dunlap discusses the controversial Apple trademark case happening in Switzerland. Apple is trying to trademark a 2D image of an apple without a bite taken from it. The 111-year-old Swiss Fruit Union, which protects the interests of fruit growers, is concerned. Tom takes on this odd situation and what he thinks will happen next. Tune in to this episode of Monday Morning Minutes to hear more.
On the Blackletter podcast this week, host Tom Dunlap concludes his three-part interview with Mark Fava, an attorney who works as an ombudsman and Vice President for Boeing Corporation. Together Tom and Mark discuss Mark’s advice for listeners trying to launch their career success.
Building success in business and aviation law took Mark several years and lots of hard work. On this episode, Mark shares three pieces of advice he would offer budding entrepreneurs and other professionals looking to further their careers. He describes these as the three P’s: planning, persistence, and patience. Mark provided examples of the persistence and patience that he practiced to fuel his career success. He also explains how he went to conferences over the years and built relationships with other professionals that helped him along his career journey.
Tune in to this episode to hear Mark share his career wisdom, and check out episodes 8-10 of The Blackletter Podcast to listen to his entire interview.
This week Tom discusses how to love the practice of law and strategies for being a happy lawyer. A lot of these strategies apply not just to law, but apply to any job that anyone's in, but they're things that especially affect professionals who work in a high stress career. Listen to the episode for tips on improving your lifestyle through 1. establishing your boundaries, 2. taking breaks, and 3. exercise and diet.
How can we pass along wisdom gained from our professional leaders?
On the Blackletter podcast this week, host Tom Dunlap speaks once more with Mark Fava, an attorney who works as an ombudsman and Vice President for Boeing Corporation. Tom and Mark discuss how Mark leveraged the knowledge that he gained throughout his career to mentor and lead other veterans and attorneys.
He describes the lessons he learned and the knowledge he gained from working with his two great admirals during his time in the military. During his military and law career Mark picked up bits of insight and career expertise along the way that shaped his path, and the way he mentors other veterans and attorneys. He describes how he guides his mentees that he connects with through Linkedin. Finally, Mark shares the tips he learned from his own leaders throughout his career journey on his blog TheAviatorLawyer.com, and he discusses the results of his experience starting this blog.
Listen to the show to learn more about Mark’s professional experiences, and check out the upcoming episode to hear him explain his major pieces of advice for listeners looking to move forward in their careers.
On this episode of Monday Morning Minutes, Tom Dunlap pulls back the curtain on a taboo subject – why lawyers quit law. Drawing on research and personal experience, he covers the top reasons why lawyers leave either temporarily or permanently. Stress and burn out, lack of work-life balance, mental health issues and more–it can be tough being an attorney. However, Tom discusses how the legal profession is evolving and upcoming solutions.
How can legal professionals launch their careers in aviation law?
On the Blackletter podcast this week, host Tom Dunlap is joined by Mark Fava, a practicing attorney who works as an ombudsman and Vice President for Boeing Corporation. Together they speak about Mark’s career background that led to his current position and his work mentoring other veterans and attorneys.
Mark is a senior executive lawyer who experienced a lot throughout his career in aviation law. As the chief operations attorney at Delta Airlines during 9/11, Mark got a first-hand look at the litigation process for extreme airport security breaches. Since then, Mark started his aviation law practice before beginning his professional work with Boeing. Mark discusses his career path, his role as an ombudsman, and the professional experiences that contributed to his expertise in aviation law.
Check out this episode for more insight into Mark’s legal background. And tune in to the next episode to hear Mark’s advice for people looking to start their law career.
Where is the line between art, and advertising? The unresolved question is testing the direct democracy of a small New England town, where a painting of pastries has led to zoning dispute, a First Amendment lawsuit and a local vote.
The town zoning board got involved, deciding that the pastry painting was not so much art as advertising, and so could not remain as is because of its size. Faced with modifying or removing the mural, or possibly dealing with fines and criminal charges, the bakery owner sued, saying the town is violating his freedom of speech rights.
Did you know there is a naming committee in Iceland called Mannanafnanefnd and they are a governmental body that regulates the naming of children. Upon a further look, they aren't the only country to have regulated the naming of children. This week Tom discusses illegal naming from around the world and some of the strict rules to protect a child from a name which could be deemed offensive or embarrassing in that society.
How can professionals form and identify valuable business connections?
On the Blackletter podcast this week, host Tom Dunlap concludes his interview with Jason Levin, founder of Ready, Set, Launch. In this episode, Jason discusses the key themes of his book "Relationships to Infinity: The Art and Science of Keeping in Touch" and how individuals and entrepreneurs can apply its lessons to succeed in their business pursuits.
Jason's book focuses on networking and the nature of making connections with people. He discusses the importance of forming new relationships and leveraging and strengthening existing ones. Jason's book teaches readers how to identify and build upon ties with casual acquaintances that hold potential value and how to think about their connections. People can make beneficial connections by defining their relations, forming a mindset based on networking, and focusing on authentic relationship building. Jason discusses this and other insightful concepts from his book, including gratitude practices, people's "Bermuda keep in touch Triangles," and commonality.
Tune in to this episode for more advice on networking from Jason Levin. And remember to check out episodes 4 and 5 to catch his entire interview on forming valuable business relationships!
This week on Monday Minutes, Tom Dunlap digs into the world of trial by combat – how it originated, how it evolved and how it relates to the legal profession. Tom explains how two men would face off in battle to settle charges, accusations and more. Nobles would hire a sword to stand in their place, and the practice became a complex game. Tune in to hear how trial by combat transformed to a jury of peers, and how lawyers came to be.
In today's episode, we discuss consumer privacy laws and their importance. Recently, two states, Montana and Tennessee, passed new Consumer Privacy Act laws. Along with the CCPA (California Consumer Privacy Act), a privacy law that requires businesses that collect personal information to provide certain disclosures, these newly passed laws make it are easier for you to fall into compliance. Compliance can be as easy as having a link at the bottom of your page that people visiting your website click on and it gives them the details about your privacy policy. Generally, all you have to do is disclose what information you're collecting and how you use that information. It's a good idea to talk to a lawyer about your privacy policy.
What is the best way for people to stay connected with their business contacts?
On the Blackletter podcast this week, host Tom Dunlap is joined once more by Jason Levin, author of "Relationships to Infinity: The Art and Science of Keeping in Touch" and founder of the firm Ready, Set, Launch. In this episode, Jason breaks down the importance of maintaining connections with professional contacts and the obstacles he had to face to make headway in his networking experiences.
Jason first realized the importance of making professional connections while pursuing his goal of working an internship in Paris. He explains how he moved past his discomfort of interacting with connected professionals who could help him achieve his goal. Instead, Jason developed a system for tracking his networking efforts to help him make the connections necessary to succeed. Today he swears by Excel and other tracking systems for managing his interactions and seeing positive results from business relationships.
Listen to this episode to hear more about the challenges Jason overcame in his career. And tune in next episode to hear Jason's advice to professionals looking to leverage their business relationships.
On this episode of Monday Minutes, Tom Dunlap tackles the first charge against someone for insider trading with NFTs. Tom breaks down how an employee of OpenSea, the largest market for NFTs, purchased NFTs, then picked those digital assets to be featured on the platform’s homepage, therefore increasing their value. This is another instance of how law is playing catch up to current technology–insider trading of NFTs does not exist yet in law. Tune in to hear Tom’s analysis of how the case will play out and its impact on the legal field.
Today on Monday Minutes, Tom Dunlap discusses the recent case of a 21-year old National Guard member who allegedly leaked classified documents onto Discord. Tom breaks down the Espionage Act and another section under the US Code: their origins, what they mean, and what their sentencing would entail. As the National Guard member put the documents online, this further complicates the matter. Tune in to find out why.
How can people market themselves to achieve more professional opportunities?
On the Blackletter podcast this week, host Tom Dunlap sits down with Jason Levin, author of "Relationships to Infinity: The Art and Science of Keeping in Touch" and founder of the firm Ready, Set, Launch. He is also the programming chair of the National Capital Local Steering Committee for the Legal Marketing Association, which supports marketing and networking between legal professionals.
During the COVID-19 pandemic, Jason was inspired to write his book after becoming aware of the human need for connection. He relates this to professional networking and community building and discusses the importance of connection and fostering relationships. Jason also shares his expert opinions on the social networking platform LinkedIn and how people can leverage the site to form strong business relationships and advance their goals.
Tune in to this episode of the Blackletter Podcast to hear more about Jason's thoughts on modern marketing. And check out the next installment of this three-episode interview to hear more about the challenges Jason has encountered in the legal marketing business.
The National Labor Relations Board (NLRB) recently ruled in a case regarding severance agreements. In the case, McLaren v. Macomb, management at a hospital offered severance agreements to furloughed employees that included a clause prohibiting them from speaking negatively about their employer and disclosing the agreement's terms.
The NLRB ruled this was unlawful, and that the ruling also applies retroactively. This means employers may be forced to leave non-disclosure clauses out of future severance agreements and reverse agreements they previously offered.
On this episode, Tom discusses why employers should be cautious when drafting severance agreements to avoid violating the provisions in the NLRA and how this could lead to more changes in the future for the NLRB.
In this special episode of the Blackletter podcast, we celebrate the trailblazing women who have spoken on the show over the years. Through their impactful stories and insights, these female leaders have demonstrated what it takes to succeed in the legal and business worlds. Tune in to hear their inspiring tales of overcoming challenges, breaking down barriers, and making a difference in their fields.
S2E8 with DeAnna Burke (0:44)
How can someone run a firm and manage people as a female business leader?
This segment of the podcast features a clip of an interview with DeAnna Burke, an attorney for Dunlap, Bennett, and Ludwig. On Season 2, episode 8, she and Tom speak about the leadership processes involved in managing a law firm.
DeAnna explains that when managing many people, all with different personalities – the best thing to do is to understand what people are doing, gain their trust, and build a trustworthy reputation as a leader. She also discusses how she continued learning on the job and the importance of people at all levels being involved in the work process to fully understand situations and be able to solve challenges.
S6E5 with Ingrid Vandervedlt (3:26)
How should leaders plan to gain socioeconomic impact?
On season 6, episode 6, Tom chats with Ingrid Vanderveldt, who was the Entrepreneur-in-Residence at Dell before becoming the founder and current CEO of Empowering a Billion Women, an organization dedicated to creating global market impact through empowering women entrepreneurs, leaders, and advocates.
Together Tom and Ingrid discuss her socioeconomic work and her organization’s plans to meet goals and make an impact in the financial market. Ingrid explains the steps involved in this process and how her business leverages platforms to create commerce and make a greater impact in the marketplace. She also discusses her organization’s partial debt funding for women-empowered businesses.
S6E4 with Sabrina Shafer (7:43)
What steps should leaders take to innovate and succeed in business?
Tom sat down with Sabrina Shafer on season 6, episode 4 of Blackletter, where they spoke on digital marketing and transformation. Sabrina is the owner of Transformation Continuum, a consulting firm focused on digital transformation and enablement.
According to Sabrina, you have to be honest to make an impact and innovate to succeed in business. This means being honest about your brand, who you’re trying to target, and your demographic. She explains that from there, you can make appropriate steps to success using data and other valuable analytic tools. Additionally, they discuss the importance of having a solid team to execute business plans.
S7E14 with Christine Nichlos (11:33)
What is the answer to The Great Resignation for business leaders?
Within season 7 episode 14 of the Blackletter podcast, Tom is joined by Christine Nichols, CEO of talent acquisition company People Science. Together they share their thoughts on the challenges businesses are facing in a post-pandemic world.
Within this segment, Christine describes how businesses can improve their workforces and survive The Great Resignation. This includes the importance of re-evaluating your business before focusing on acquisition, recruitment, or retention. She also explains how leaders can rework their recruitment practices using technology.
S3E9 with Royce Warrick (15:12)
How do successful organizations approach infringements?
This segment of the podcast features an excerpt from season 3, episode 9, where Tom interviews Royce Warrick about protecting intellectual property. Royce Warrick is senior vice president, general counsel, and corporate secretary for Solenis and is responsible for managing the company’s legal and governance matters.
Royce describes how Solenis defends its patents and trademarks and the procedures that they follow when they have to escalate a situation. This involves evaluating several factors involved in the situation, like the legal costs, the cost to the organization’s reputation, and the external and internal business value to determine if there is a financial benefit to conducting litigation to protect intellectual property.
S6E6 with Kristina Bouweiri (18:17)
What is the key to making a business thrive even through difficult economic times?
This segment features a part of an interview with Kristina Bouweiri, owner of Reston Limousine. Together on Season 6, episode 6 of Blackletter, she and Tom spoke about her business transformation and success during the COVID-19 pandemic.
In starting and growing a company, Kristina has had a lot of experience in taking the initiative to fuel her business development. She discusses how fate and smart choices worked in her favor to help her win contracts and launch her business success. She speaks on the power of board-level networking and integrating herself into more communities to help her business grow.
S4E4 with Cherylyn Harley LeBon (24:13)
Under what circumstances would a company not want to apply for loan forgiveness?
Here the podcast circles back to a season 4 episode 4 interview with Cherylyn Harley LeBon, a lawyer with experience covering corporate, government contracting, and nonprofit organizations. Together Tom and Cherylyn discuss the CARES act and how it aids businesses in receiving loans.
In this audio clip, Cherylyn discusses the SBA’s business loan forgiveness guidelines. She stresses the importance of keeping proper records so that you can apply for forgiveness. Additionally, she advises small businesses to use their loan funds as intended, keep documentation to back up their actions, and follow business loan guidance.
S6E2 with Sharon Virts (27:26)
How can business leaders find ways to support their companies through tough times?
This episode's final segment features a conversation from season 6, episode 3, with Sharon Virts. Throughout the interview, Sharon shares her journey in starting her consulting company that helps government contractors find work in the federal government.
Sharon shares the business challenges she faced in 2001 when Mergers and Acquisitions almost killed her business. She describes how through market analysis and research, she discovered new ways for her company to stay afloat. Through thorough research on immigration vetting and fee-for-service work, she found a way to support her company’s success.
The Copyright Office has launched an initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including works generated using AI tools. These technologies raise questions about whether the material they produce is protected by copyright, whether works consisting of both human-authored and AI-generated material may be registered, and what information should be provided to the Office by applicants seeking to register them. Tune in to this week's episode to hear Tom's thoughts on where we might end up in 2023 and how it will impact the use of AI tools.
What leadership advice can support the success of any organizational team?
On the Blackletter podcast this week, host Tom Dunlap concludes his three-episode interview with the President and CEO of Veterans Moving Forward, Gordon Sumner. As the leader of a nonprofit organization and a former army officer, Gordon is no stranger to the demands that come with leadership positions. In this episode, he provides pieces of sage wisdom and advice that he gathered from his past and present roles. Gordon also discusses the importance of teamwork and cooperation for leadership success and how he incorporated lessons from his army training days into the nonprofit business world.
Listen to this episode of the Blackletter Podcast to hear all about the important advice Gordan learned throughout his experiences. And catch-up on previous episodes available on the Blackletter website!
The U.S. Supreme Court was recently asked to decide if AI can be a patent 'inventor'. Stephen Thaler petitioned the high court to review an appeals court's decision that patents can only be issued to human inventors and that his AI system cannot be the legal creator of inventions it generated. This week Tom dives into this patent rabbit-hole and discusses from legal perspectives as well as patent owner perspectives.
A promoter's lawsuit against FIFA and the U.S. Soccer Federation can proceed toward trial after a lower-court judge had thrown it out, a federal appeals court ruled recently. In its refusal, the USSF had cited a 2018 FIFA policy that its ruling council "emphasized the sporting principle that official league matches must be played within the territory of the respective member association."
Today Tom Dunlap provide's details about U.S. Soccer and FIFA's pending Anti-Trust lawsuit. He discusses why it is needed, how it will effect FIFA soccer leagues, and the difference between European and American soccer leagues.
What business challenges can one expect when running a non-profit organization?
While non-profits can differ from for-profit businesses, these organizations still have their fair share of challenges. On this episode, Gordon shares the significant challenges he faced running Veterans Moving Forward during the onset of the COVID-19 pandemic and how the organization rearranged its plans to overcome obstacles and continue moving forward. He also explains the ongoing challenges of raising funds to train and care for service dogs and his goals for funding the travel costs of matching the dogs with veterans.
Check out this episode to learn more about the challenges and hurdles Gordon faced in running a non-profit. And remember to tune back into the next Blackletter episode, where he will discuss his top leadership advice.
Last week, A U.S. appeals court denied requiring a minimum airplane seat size rule necessary for passenger safety. Therefore, the Federal Aviation Administration (FAA) cannot be forced to adopt minimum requirements, the court found. FAA has no compelling evidence that the tight seating slowed down emergency exits and caused medical risks like blood clots. Listen to this week's episode to hear Tom discuss the Circuit Judge's decision.
The high court is scheduled to hear arguments in Gonzalez v. Google,whichquestions conflicting appellate court interpretations of Section 230 of the 1996 Communications Decency Act. The law shields interactive websites from legal responsibility for harms third party content may cause. Listen to this week's episode as Tom discusses why this is a really important decision that can have a huge effect on the Internet and content sites like Google and YouTube.
What lengths would you go to support a cause you were passionate about?
On the Blackletter podcast this week, host Tom Dunlap chats with Gordon Sumner, a former Army officer and current President and CEO of Veterans Moving Forward, a nonprofit organization that provides service and emotional support dogs to veterans. After serving in the Department of Defense for the Obama administration, Gordan decided to start his own disabled veteran-owned organization. He explains his decision to shift focus from creating a business to starting a nonprofit and service-oriented organization. Additionally, Gordon shares how he navigated the challenges of this endeavor to support an important cause.
Tune in to this episode of the Black Letter Podcast to hear more about Gordan's nonprofit journey. Then, don't forget to visit back next week, as Gordan will dive deeper into the challenges of running his nonprofit, including COVID's impact on his organization.
On this episode of Monday Minutes, Tom Dunlap chats about the infamous trademark case of the “Satan Shoes” which feature a pentagram and allegedly a drop of human blood in the sole. Nike is suing MSCHF for designing the shoe with their recognizable swoosh. To counter, MSCHF have argued that their shoes are a work of art, and therefore protected under the First Amendment. Tune in to hear how the case unfolds and why this is important for artistic protection and the law.
This week on Monday Minutes, Tom Dunlap continues on classified documents. In particular, he examines the legality around presidents and former presidents storing classified documents, and who would enforce these laws. To understand the complexity of this situation, Tom explains the Federal Records Act, the Presidential Records Act, and the Freedom of Information Act, under which are storage requirements. Tune in to hear how Donald Trump, Mike Pence and Joe Biden went about storing documents and what this means.
The Blackletter Podcast has covered a wide range of subjects during its eighth season, from legal advice for the Federal Aviation Administration to licensing in the medical marijuana industry, as well as technology business transformation and more. On this final episode of the season, we look back at the critical topics tackled within these past fourteen shows and the insights and knowledge revealed along the way. So tune in for this informative episode that reflects on some of the influential interviews from season eight!
Business Transformation (00:45)
Change is necessary for business growth, and season eight of the podcast features many professionals who had to pivot and redirect their focus to meet their business goals. Hear as these guests share their stories on managing changes to expand their industrial initiatives and achieve success in their industry.
Advice From Experience (13:12)
No matter your role or agency, everyone has lessons that they have gained from their professional experience. This season’s podcast guests provided their best advice on how to find success in new business pursuits, navigate the legal side of different industries, and work together with others.
The Bigger Picture (24:21)
What responsibilities do you have to others as an aspect of your profession? This segment includes interviews with individuals who have to take on powerful or authoritative positions. Tune in to hear speakers discuss the importance of performing duties to support the greater good and upholding legal responsibilities to maintain order and progress in a profession.
Missed an episode? Catch up on season 8 of the Blackletter Podcast by following the links below:Episode 81: S8E1 – The Value In Segmenting
Episode 82: S8E2 – Building a Business
Episode 83: S8E3 – Always Be Promoting
Host Tom Dunlap sits down with Erik Olsen of Array Digital, Array Law, and Rival Digital, where they discuss his professional journey into the world of digital marketing. Hear Erik discuss how his company transitioned from software development to introducing marketing services and finally made the leap to digital marketing. He also shares the advantages of a recurring service-based business model and how he segmented his practice in episode 1. In episode 2, Erik explains the risks he took to transition from a one-person freelancing operation to an employing company. His interview concludes in episode 3 where he shares his advice and the lessons he learned in founding his companies.
Episode 84: S8E4 – The Challenges of Turning to Tech
Episode 85: S8E5 – Philosophies for Change Management
Episode 86: S8E6 – Leave Your Ego At the Door
In this three-part series, Tom interviews Terry Dohrmann, founder of the legal operating software company Litify. Terry has found great success in growing his business since it started six years ago and has gained much knowledge throughout the process. In episode 4, he explains the challenges he faced to pursue his entrepreneurial aspirations in the tech industry. Next, Terry discusses the philosophies he developed regarding successful change management in episode 5 and the tactical challenges of offering technology to a new market. The interview wraps up in episode 6, where Terry discusses the importance of leaving your ego at the door and maintaining trust in your team to progress in the business world.
Episode 87: S8E7 – Business License Breakthrough
Episode 88: S8E8 – “Growing” a Company
Episode 89: S8E9 – Turning Over a New Leaf
In episodes 7 through 9, Tom is joined by Kevin Goldberg, founder of Green Leaf Medical, and Barney Goodman, his attorney from Dunlap Bennett Ludwig. In doing business in the medical cannabis industry, Kevin had to jump through many hoops to comply with regulations. He discusses this in episode 7 and explains the legal process for securing a spot in this lucrative market. In episode 8, they explain how they managed to secure the capital necessary to reach their business goals. In the final episode of the interview, Kevin and Barney provide their top advice for entrepreneurs looking to do business in the medical cannabis sector.
Episode 90: S8E10 – How Patents Shape Society
On episode 10 of the Blackletter podcast, Tom discusses patents with Robert Greenspoon, an attorney at the Dunlap Bennett & Ludwig law firm. Rob educates listeners on the importance of patents and how they have become integral to the progression and formation of our society. We suggest that listeners tune in to watch the video version of this episode, as Rob provides visuals that give context to how patents represent the history of invention and their relevance today.
Episode 91: S8E11 – Reporting on Law
On this episode Tom sits down with Jeremy Conrad, writer for the Washington DC Bar Journal. As a former practicing lawyer and now a full-time committed journalist in the field of law is responsible for reporting on controversial law topics while remaining impartial to his audience. He explains the experience of writing on situations that once would have affected him as a lawyer and the complexity of producing content about controversial law topics. He also shares his advice for aspiring legal journalists.
Episode 92: S8E12 – Counsel in Control
Episode 93: S8E13 – Control after COVID
Episode 94: S8E14 – Navigating Your Career
In episodes 12 through 14, listeners gain a peek inside the mind of FAA‘s top legal advisor Marc Nichols. In this three-part interview, Tom and Marc discuss Marc’s role as the Chief Counsel for the FAA and the responsibilities that come with it. In episode 12, Marc shares the developmental milestones that led to his involvement in politics and public service, including the factors that drove him to accept the President’s appointment. The COVID-19 pandemic brought on additional responsibilities for Marc to ensure smooth collaboration and safety in the aviation industry, as he shares in episode 13. Tom and Marc conclude the interview in episode 14, where Marc shares his career advice for progressing in any profession.
This week on Monday Minutes, Tom Dunlap breaks down the six different levels of classified documents. He explains how documents are categorized, what constitutes sensitive information, and who has clearance for what. Next week, he will continue the discussion by examining if presidents and former presidents can and should access classified information.
The Supreme Court will not hear a case from New York gun owners, leaving Second Amendment law to be settled in lower federal courts across the country. The court declined to intervene on procedural grounds, giving the Second Circuit of the United States Court of Appeals the chance to weigh the case. Listen to this week's episode as Tom provides details what to expect from the rejection.
What is the most valuable career advice for finding professional success?
On the Blackletter podcast this week, host Tom Dunlap concludes his three-segment interview with Marc Nichols, the Chief Counsel for the Federal Aviation Administration. On this final episode, Marc and Tom talk about careers, including Marc’s pathway into his profession and his personal career advice for those starting in the workforce. Tom’s professional experience has taught him a thing or two about what it takes to progress in a workplace setting. He provides listeners with actionable steps for harnessing their control over their careers to become competitive in their fields and drive real results for their future.
Tune in to this episode of the Black Letter Podcast to hear Marc provide his most valuable career advice for anyone looking to excel in their industry. And if you haven’t heard parts one and two of this three-part interview series, head over to The Blackletter Podcast online to get caught up!
The Supreme Court is set to review a pair of cases that could significantly affect the power and responsibilities of social media platforms. On this episode, Tom will dive into more detail on both cases. The first case is Gonzalez v. Google, which argues that recommendations can count as their own form of content produced by the platform, removing them from the protection of Section 230. The second case is Twitter v. Taamneh, which questions when platforms are legally responsible for supporting terrorism under federal law.
How do you enforce control in a post-COVID world?
On the Blackletter podcast this week, host Tom Dunlap is joined by Marc Nichols, the Chief Counsel for the Federal Aviation Administration. In this second part of the three-segment interview, Marc and Tom discuss the challenges that Marc faced as a federal workforce leader in the aftermath of COVID-19. As a senior executive and manager to many employees, Marc struggled with enforcing in-office work to ensure smooth collaboration and safety in the aviation industry. He also describes challenges regarding his responsibility to practice civic engagement in his profession as a lawyer and leader.
Listen to this episode of the Black Letter Podcast to learn more about Marc's professional journey through law and government. And check back next week when Marc concludes his interview by providing listeners his top pieces of advice learned throughout his career.
Adidas failed to show luxury brand Thom Browne's use of stripes on its clothing infringed the sportswear giant's signature three-stripe trademark. Adidas, which was seeking almost $8 million in disgorgement and damages, indicated that it may push back on the decisions. The designer’s lawyers suggested Adidas was an affordable sports brand worn by people all over the world, while Thom Browne is a high-end fashion company with catwalk collections and celebrity clientele. Thom Browne said confusion between the companies' designs was unlikely because they "operate in different markets, serving different customers, and offer their products at strikingly different price points." According to the documents of the case, Adidas has filed more than 200 settlement agreements and engaged in more than 90 court battles in relation to its trademark since 2008.
Would you change your career path to contribute to your society?
On the Blackletter podcast this week, host Tom Dunlap interviews Marc Nichols, the Chief Counsel for the Federal Aviation Administration. In his role, Marc provides legal advice for the FAA and works closely with professionals on issues of national significance to the aviation industry. He shares with listeners his career path and developmental milestones that led to his current involvement in the world of politics and public service. Additionally, Mark explains the factors that drove him to accept the President's appointment and the changes he made in his desire to contribute to society through his profession.
Listen to this episode of the Black Letter Podcast to learn more about Marc's professional journey through law and government. And check back next week when Marc continues his three-episode interview and discusses the challenges he faces in his high-pressure role.
This week the Federal Trade Commission proposed a sweeping rule that would ban the use of non-compete provisions in employment contracts and require employers to nullify any existing non-compete clauses within six months. Listen in as Tom discusses the proposal and how it could increase wages and expand career opportunities for Americans.
How do you report on controversial law topics while remaining impartial for your audience?
On the Blackletter podcast this week, host Tom Dunlap sits down with Jeremy Conrad, writer for the Washington DC Bar Journal. As a former practicing lawyer and now a full-time committed journalist in the field of law, Jeremy has a unique perspective on the topics he reports on. He explains what it is like being able to take a step back to report on situations that once would have affected him in his previous profession. Jeremy also dives into the complexity of producing content about controversial law topics without excluding parts of his audience.
Tune in to this episode of the Black Letter Podcast to hear Jeremy discuss his experiences reporting on hard-hitting legal topics and his advice for aspiring legal journalists. And catch up on previous podcast episodes available on the Blackletter website!
What is fair use? If you are a content creator and wonder if you can use copyrighted media, Tom digs into the US copyright law and in particular the fair use doctrine that allows brief excerpts of copyright material without the need for permission from or payment to the copyright holder. Tune in to hear more on why we are able to use these copyrighted works of art on this episode!
What role have patents played throughout history in shaping our society as we know it today?
On the Blackletter podcast this week, host Tom Dunlap sits down with Robert Greenspoon, an attorney at the Dunlap Bennett & Ludwig law firm, to discuss patents and how they have become integral to the progression and formation of our society. Rob provides examples of patents representing the history of invention from 100 years ago to the present and discusses how they are relevant to today’s current affairs. For this podcast, we suggest that listeners take the time to watch the video version of the show, as Rob provides visuals that give context to the topics and themes of today’s eye-opening episode. So tune in and watch — you won’t want to miss it!
Check out this episode of the Black Letter Podcast to hear Rob share his expertise on the importance of patents in shaping our society. And to achieve the full experience of this episode, visit the Blackletter website to watch the video version!
Mariah Carey is synonymous with Christmas, however, the US Trademark Trial and Appeal Board ruled against the pop diva’s legal attempt to trademark the name “Queen of Christmas.”
The decision means that the regal holiday monikers can be used by another singer, Elizabeth Chan, who says she’s “the world’s only full-time pop Christmas recording artist.”
Tune in as Tom gets into the Christmas Spirit by discussing the decision, the trademark process and what it means for monopolizing Christmas monikers.
The U.S. Supreme Court has agreed to decide whether a parody dog toy called “Bad Spaniels” is entitled to protection from trademark infringement and dilution-by-tarnishment claims by Jack Daniel’s Properties Inc.
A previous decision that said the dog toymaker was entitled to First Amendment protection because the dog toy was an expressive work, made it more difficult for Jack Daniel’s to win on the infringement claim and barred the company’s claim for dilution by tarnishment.
What advice should entrepreneurs follow if they are trying to get started in the medical cannabis business?
On the Blackletter podcast this week, host Tom Dunlap concludes his three-part series with Kevin Goldberg from Green Leaf Medical and Barney Goodman, his attorney from Dunlap Bennett Ludwig. Together they discuss the entrepreneurial practices that they recommend for anyone looking to start a new venture within the medical cannabis business. This sector requires specific regulations and policies, and requires an efficient approach to succeed within this line of business. But with Barney’s support Kevin launched his business successfully in this field, and together they share the entrepreneurial tips and tricks that they learned along the way.
Listen to this episode of the Black Letter Podcast to hear Kevin and Barney provide their best business advice for listeners looking to turn over a new leaf in the cannabis industry. And if you missed the first segments of this three-part interview, catch up on these episodes available on the Blackletter website!
Cryptocurrency exchange FTX, which has filed for US bankruptcy court protection, said it owes its 50 biggest creditors nearly $3.1 billion.
FTX and its affiliates filed for bankruptcy in Delaware on Nov. 11 in one of the highest-profile crypto blowups, leaving an estimated 1 million customers and other investors facing total losses in the billions of dollars. Meanwhile, authorities in the Bahamas — where FTX is based — are investigating whether any criminal misconduct occurred related to the company’s implosion.
The latest collapse to rock the market has raised questions over the opacity of big businesses in crypto, an industry often touted as more decentralized and transparent than traditional finance.
When rules and regulations limit your ability to support your company, how do you move forward and enable your business to flourish?
This week on the Blackletter podcast, host Tom Dunlap is joined once more by Kevin Goldberg from Green Leaf Medical and Barney Goodman, his attorney from Dunlap Bennett Ludwig, for the second episode in their three-part series. Kevin and Barney have faced several challenges in growing Kevin’s business in the medical cannabis industry. Unfortunately, many of these obstacles involved the rules and regulations surrounding cannabis businesses. But through creative entrepreneurial ideas and innovative business moves that played by the rules, Kevin and Barney managed to secure enough capital to make their business goals come to fruition.
Tune in to this episode of the Black Letter Podcast to hear how Kevin and Barney made calculated moves to grow their business in the cannabis industry. Also, don’t forget to join us next week, as Kevin and Barney will provide their advice for entrepreneurs starting in the medical cannabis business.
When rules and regulations limit your ability to support your company, how do you move forward and enable your business to flourish?
This week on the Blackletter podcast, host Tom Dunlap is joined once more by Kevin Goldberg from Green Leaf Medical and Barney Goodman, his attorney from Dunlap Bennett Ludwig, for the second episode in their three-part series. Kevin and Barney have faced several challenges in growing Kevin’s business in the medical cannabis industry. Unfortunately, many of these obstacles involved the rules and regulations surrounding cannabis businesses. But through creative entrepreneurial ideas and innovative business moves that played by the rules, Kevin and Barney managed to secure enough capital to make their business goals come to fruition.
Tune in to this episode of the Black Letter Podcast to hear how Kevin and Barney made calculated moves to grow their business in the cannabis industry. Also, don’t forget to join us next week, as Kevin and Barney will provide their advice for entrepreneurs starting in the medical cannabis business.
When rules and regulations limit your ability to support your company, how do you move forward and enable your business to flourish?
This week on the Blackletter podcast, host Tom Dunlap is joined once more by Kevin Goldberg from Green Leaf Medical and Barney Goodman, his attorney from Dunlap Bennett Ludwig, for the second episode in their three-part series. Kevin and Barney have faced several challenges in growing Kevin’s business in the medical cannabis industry. Unfortunately, many of these obstacles involved the rules and regulations surrounding cannabis businesses. But through creative entrepreneurial ideas and innovative business moves that played by the rules, Kevin and Barney managed to secure enough capital to make their business goals come to fruition.
Tune in to this episode of the Black Letter Podcast to hear how Kevin and Barney made calculated moves to grow their business in the cannabis industry. Also, don’t forget to join us next week, as Kevin and Barney will provide their advice for entrepreneurs starting in the medical cannabis business.
Last week the Supreme Court granted certiorari on two petitions raising intellectual property issues, including the closely-watched enablement Amgen v. Sanofi. This will be the first time that the Supreme Court has addressed the enablement requirement in a very long time. Listen in as Tom Dunlap discusses one of the most challenging problems in patent law.
Last week the Supreme Court granted certiorari on two petitions raising intellectual property issues, including the closely-watched enablement Amgen v. Sanofi. This will be the first time that the Supreme Court has addressed the enablement requirement in a very long time. Listen in as Tom Dunlap discusses one of the most challenging problems in patent law.
Last week the Supreme Court granted certiorari on two petitions raising intellectual property issues, including the closely-watched enablement Amgen v. Sanofi. This will be the first time that the Supreme Court has addressed the enablement requirement in a very long time. Listen in as Tom Dunlap discusses one of the most challenging problems in patent law.
On this week's episode, Tom discusses the new updated NIL rules guidance. The NCAA's Division I Board of Directors approved on Wednesday new guidance to members on name, image and likeness activities, clarifying how schools, coaches and staffers can be involved with athletes' endorsement and sponsorship deals. The latest clarifications to the NCAA's interim NIL policy create no new rules, but are intended to give athletic departments a better idea of what types of support fall outside existing bylaws.
On this week's episode, Tom discusses the new updated NIL rules guidance. The NCAA's Division I Board of Directors approved on Wednesday new guidance to members on name, image and likeness activities, clarifying how schools, coaches and staffers can be involved with athletes' endorsement and sponsorship deals. The latest clarifications to the NCAA's interim NIL policy create no new rules, but are intended to give athletic departments a better idea of what types of support fall outside existing bylaws.
On this week's episode, Tom discusses the new updated NIL rules guidance. The NCAA's Division I Board of Directors approved on Wednesday new guidance to members on name, image and likeness activities, clarifying how schools, coaches and staffers can be involved with athletes' endorsement and sponsorship deals. The latest clarifications to the NCAA's interim NIL policy create no new rules, but are intended to give athletic departments a better idea of what types of support fall outside existing bylaws.
Are you willing to do what it takes to break into a successful line of business?
On this episode of the Blackletter podcast, host Tom Dunlap begins his new three-part series interviewing Kevin Goldberg from Green Leaf Medical and Barney Goodman, his attorney from Dunlap Bennett Ludwig. As the founder of Green Leaf Medical, Kevin is no stranger to business regulations. From applying for the correct licenses to owning the right property, entrepreneurs must play by the rules of the law to make it in the medical cannabis industry. Kevin and Barney explain how they managed to play the game and secure a spot in this lucrative market.
Listen in on this episode of the Black Letter Podcast to learn more about Kevin and Barney's experience getting started in the cannabis industry. Then, join us again on next week's podcast, as Kevin will discuss some more of his business challenges and how he overcame them.
Are you willing to do what it takes to break into a successful line of business?
On this episode of the Blackletter podcast, host Tom Dunlap begins his new three-part series interviewing Kevin Goldberg from Green Leaf Medical and Barney Goodman, his attorney from Dunlap Bennett Ludwig. As the founder of Green Leaf Medical, Kevin is no stranger to business regulations. From applying for the correct licenses to owning the right property, entrepreneurs must play by the rules of the law to make it in the medical cannabis industry. Kevin and Barney explain how they managed to play the game and secure a spot in this lucrative market.
Listen in on this episode of the Black Letter Podcast to learn more about Kevin and Barney's experience getting started in the cannabis industry. Then, join us again on next week's podcast, as Kevin will discuss some more of his business challenges and how he overcame them.
Are you willing to do what it takes to break into a successful line of business?
On this episode of the Blackletter podcast, host Tom Dunlap begins his new three-part series interviewing Kevin Goldberg from Green Leaf Medical and Barney Goodman, his attorney from Dunlap Bennett Ludwig. As the founder of Green Leaf Medical, Kevin is no stranger to business regulations. From applying for the correct licenses to owning the right property, entrepreneurs must play by the rules of the law to make it in the medical cannabis industry. Kevin and Barney explain how they managed to play the game and secure a spot in this lucrative market.
Listen in on this episode of the Black Letter Podcast to learn more about Kevin and Barney's experience getting started in the cannabis industry. Then, join us again on next week's podcast, as Kevin will discuss some more of his business challenges and how he overcame them.
This week Tom discusses the verdict of a copyright infringement case involving a man who claimed the Grammy-winning rapper, Cardi B, misused his back tattoos for her cover art. The artist argued that the tattoo was transformative fair use and did not hinder the man's employment and ability to travel the world for opportunities. Tune in to hear more about transformative use and the copyright of tattoos.
This week Tom discusses the verdict of a copyright infringement case involving a man who claimed the Grammy-winning rapper, Cardi B, misused his back tattoos for her cover art. The artist argued that the tattoo was transformative fair use and did not hinder the man's employment and ability to travel the world for opportunities. Tune in to hear more about transformative use and the copyright of tattoos.
This week Tom discusses the verdict of a copyright infringement case involving a man who claimed the Grammy-winning rapper, Cardi B, misused his back tattoos for her cover art. The artist argued that the tattoo was transformative fair use and did not hinder the man's employment and ability to travel the world for opportunities. Tune in to hear more about transformative use and the copyright of tattoos.
The Supreme Court is set to hear two cases challenging race-based admissions policies at Harvard University and the University of North Carolina. The plaintiff is asking the Supreme Court to overturn its prior precedent that allows the narrow use of race in college admissions decisions. While these cases are not new to the Supreme Court, the new makeup of the Supreme Court has led to educational institutions readying for their admissions process to change. Join Tom in today's episode as he discusses the two race-based admissions cases and what to expect from the decisions.
https://www.harvard.edu/admissionscase/wp-content/uploads/sites/6/2022/07/20-1199-bs.pdf
The Supreme Court is set to hear two cases challenging race-based admissions policies at Harvard University and the University of North Carolina. The plaintiff is asking the Supreme Court to overturn its prior precedent that allows the narrow use of race in college admissions decisions. While these cases are not new to the Supreme Court, the new makeup of the Supreme Court has led to educational institutions readying for their admissions process to change. Join Tom in today's episode as he discusses the two race-based admissions cases and what to expect from the decisions.
https://www.harvard.edu/admissionscase/wp-content/uploads/sites/6/2022/07/20-1199-bs.pdf
The Supreme Court is set to hear two cases challenging race-based admissions policies at Harvard University and the University of North Carolina. The plaintiff is asking the Supreme Court to overturn its prior precedent that allows the narrow use of race in college admissions decisions. While these cases are not new to the Supreme Court, the new makeup of the Supreme Court has led to educational institutions readying for their admissions process to change. Join Tom in today's episode as he discusses the two race-based admissions cases and what to expect from the decisions.
https://www.harvard.edu/admissionscase/wp-content/uploads/sites/6/2022/07/20-1199-bs.pdf
Could your ego be negatively affecting your entrepreneurial decisions? On this episode of the Blackletter podcast, host Tom Dunlap concludes his three-session interview with Terry Dohrmann, founder of the legal operating software company Litify. Terry discusses the importance of leaving your ego at the door and maintaining trust in your team members to identify your blindspots and reach successful business decisions. He elaborates on the benefit of approaching your work without your ego’s involvement and why this is essential for moving forward in the business world. Terry also provides other business advice on topics like intelligent employment practices and understanding market trends. Tune in to this episode of the Black Letter Podcast for more information on Terry’s entrepreneurial advice. And join us on next week’s episode of The Black Letter podcast to hear more great wisdom on achieving entrepreneurial success.
Could your ego be negatively affecting your entrepreneurial decisions? On this episode of the Blackletter podcast, host Tom Dunlap concludes his three-session interview with Terry Dohrmann, founder of the legal operating software company Litify. Terry discusses the importance of leaving your ego at the door and maintaining trust in your team members to identify your blindspots and reach successful business decisions. He elaborates on the benefit of approaching your work without your ego’s involvement and why this is essential for moving forward in the business world. Terry also provides other business advice on topics like intelligent employment practices and understanding market trends. Tune in to this episode of the Black Letter Podcast for more information on Terry’s entrepreneurial advice. And join us on next week’s episode of The Black Letter podcast to hear more great wisdom on achieving entrepreneurial success.
Could your ego be negatively affecting your entrepreneurial decisions? On this episode of the Blackletter podcast, host Tom Dunlap concludes his three-session interview with Terry Dohrmann, founder of the legal operating software company Litify. Terry discusses the importance of leaving your ego at the door and maintaining trust in your team members to identify your blindspots and reach successful business decisions. He elaborates on the benefit of approaching your work without your ego’s involvement and why this is essential for moving forward in the business world. Terry also provides other business advice on topics like intelligent employment practices and understanding market trends. Tune in to this episode of the Black Letter Podcast for more information on Terry’s entrepreneurial advice. And join us on next week’s episode of The Black Letter podcast to hear more great wisdom on achieving entrepreneurial success.
The Onion, a well-known parody publication, filed a brief with the U.S. Supreme Court in support of a man who was arrested and prosecuted for making fun of police on social media. While defending the purpose and power of parody in society, the court filing doesn’t entirely keep a straight face In a legal filing every bit as persuasive as funny. Join Tom this week as he discusses both The Onion's filing and the case it supports. The brief linkhttps://www.supremecourt.gov/DocketPDF/22/22-293/242292/20221003125252896_35295545_1-22.10.03%20-%20Novak-Parma%20-%20Onion%20Amicus%20Brief.pdf https://www.theonion.com/ (https://www.theonion.com/)
The Onion, a well-known parody publication, filed a brief with the U.S. Supreme Court in support of a man who was arrested and prosecuted for making fun of police on social media. While defending the purpose and power of parody in society, the court filing doesn’t entirely keep a straight face In a legal filing every bit as persuasive as funny. Join Tom this week as he discusses both The Onion's filing and the case it supports. The brief linkhttps://www.supremecourt.gov/DocketPDF/22/22-293/242292/20221003125252896_35295545_1-22.10.03%20-%20Novak-Parma%20-%20Onion%20Amicus%20Brief.pdf https://www.theonion.com/ (https://www.theonion.com/)
As the justices return to the bench this week, the new term will feature major disputes on affirmative action, voting, religion, free speech and gay rights. The Supreme Court’s first case of the new term involves a major environmental dispute over the federal government’s power to protect the nation’s waterways under the Clean Water Act. The justices will also weigh a voting rights case that tests the legal limits on alleged racial gerrymandering, which involves the drawing of voting maps in a manner that dilutes the electoral power of racial minorities. Tune in this morning as Tom Dunlap reviews these two important cases.
As the justices return to the bench this week, the new term will feature major disputes on affirmative action, voting, religion, free speech and gay rights. The Supreme Court’s first case of the new term involves a major environmental dispute over the federal government’s power to protect the nation’s waterways under the Clean Water Act. The justices will also weigh a voting rights case that tests the legal limits on alleged racial gerrymandering, which involves the drawing of voting maps in a manner that dilutes the electoral power of racial minorities. Tune in this morning as Tom Dunlap reviews these two important cases.
What is the most effective way of approaching change management to achieve business success? On this episode of the Blackletter podcast, host Tom Dunlap continues his three-session interview with Terry Dohrmann, founder of the legal operating software company Litify. Terry discusses the obstacles that he faced to build and grow Litify. As the founder of a developing company, Terry has many experiences with change management for his organizational team as well as his potential client base. He shares the philosophies he developed regarding successful change management practices and how he navigated the tactical challenges involved in delivering technology products and services to a new market. Listen in on this episode of the Black Letter Podcast to hear more about Terry’s business tactics. And don’t forget to join us on next week’s episode of The Black Letter podcast, where Terry shares his business advice for entrepreneurs, lawyers, and listeners seeking success in business.
Recently, Amazon.com was sued claiming it illegally used a California sex offender website to conduct background checks on job applicants. On this episode, Tom digs into the case and whether there are any state laws pertaining to using criminal records and sex offender registries before hiring.
Recently, Amazon.com was sued claiming it illegally used a California sex offender website to conduct background checks on job applicants. On this episode, Tom digs into the case and whether there are any state laws pertaining to using criminal records and sex offender registries before hiring.
Recently, Amazon.com was sued claiming it illegally used a California sex offender website to conduct background checks on job applicants. On this episode, Tom digs into the case and whether there are any state laws pertaining to using criminal records and sex offender registries before hiring.
Access to justice is the fair chance to secure your rights under the law. Under this basic principle, citizens should have equal access to the legal system. This includes initiatives and programs designed to provide legal services to people that may have difficulty obtaining legal advice and representation. In today's episode, Tom discusses how access to justice is provided in the United States and how to continue to increase awareness of access to justice.
Access to justice is the fair chance to secure your rights under the law. Under this basic principle, citizens should have equal access to the legal system. This includes initiatives and programs designed to provide legal services to people that may have difficulty obtaining legal advice and representation. In today's episode, Tom discusses how access to justice is provided in the United States and how to continue to increase awareness of access to justice.
Access to justice is the fair chance to secure your rights under the law. Under this basic principle, citizens should have equal access to the legal system. This includes initiatives and programs designed to provide legal services to people that may have difficulty obtaining legal advice and representation. In today's episode, Tom discusses how access to justice is provided in the United States and how to continue to increase awareness of access to justice.
What challenges are you willing to face to pursue your entrepreneurial aspirations in the tech industry? On this episode of the Blackletter podcast, host Tom Dunlap begins his three-session interview with Terry Dohrmann, founder of the legal operating software company Litify. Terry’s company Litify has grown a lot since it started 6 years ago, but his journey of developing a tech company as a new entrepreneur didn’t come without its challenges. Listen to this episode to hear Terry share his story about transitioning from his role as a Salesforce tech employee to building his own tech company, and how he leveraged his prior knowledge and background to find new success in the tech sector. He explains the obstacles he experienced throughout his new entrepreneurial pursuits, and how he managed to fulfill his mission to modernize legal technology with Litify. Be sure to tune back in to next week’s episode of The Black Letter podcast, to hear Terry discuss an issue he faced that taught him a valuable lesson in achieving business success.
What challenges are you willing to face to pursue your entrepreneurial aspirations in the tech industry? On this episode of the Blackletter podcast, host Tom Dunlap begins his three-session interview with Terry Dohrmann, founder of the legal operating software company Litify. Terry’s company Litify has grown a lot since it started 6 years ago, but his journey of developing a tech company as a new entrepreneur didn’t come without its challenges. Listen to this episode to hear Terry share his story about transitioning from his role as a Salesforce tech employee to building his own tech company, and how he leveraged his prior knowledge and background to find new success in the tech sector. He explains the obstacles he experienced throughout his new entrepreneurial pursuits, and how he managed to fulfill his mission to modernize legal technology with Litify. Be sure to tune back in to next week’s episode of The Black Letter podcast, to hear Terry discuss an issue he faced that taught him a valuable lesson in achieving business success.
The D.C. Circuit court recently heard lawsuits that challenged the constitutionality of the Digital Millennium Copyright Act’s anti-circumvention and anti-trafficking provisions. These provisions, restrict people’s ability to access, use, or even discuss copyrighted materials that they purchase. Listen to today's episode as Tom breaks down Dr. Green's and Dr. Huang's lawsuits, how they differ, and if they will be successful.
The unofficial end of summer is upon us. For many, Labor Day serves as a day off and a last chance to experience the best summer has to offer with pool parties, cookouts, parades and more. But why do most of us actually have the first Monday in September off from work? It was created by the labor movement in the late 19th century and became a federal holiday in 1894 by President Grover Cleveland. Tune in as Tom goes into more detail on the history of Labor Day.
The unofficial end of summer is upon us. For many, Labor Day serves as a day off and a last chance to experience the best summer has to offer with pool parties, cookouts, parades and more. But why do most of us actually have the first Monday in September off from work? It was created by the labor movement in the late 19th century and became a federal holiday in 1894 by President Grover Cleveland. Tune in as Tom goes into more detail on the history of Labor Day.
Can breaking free from traditional business practices and consistently promoting your brand be the keys to founding a successful company? On this episode of the Blackletter podcast, host Tom Dunlap concludes his three-part interview with Eric Olson of Array Digital, Array Law, and Rival Digital. After founding a company of his own, Eric gained a lot of insight through his experiences finding success in the business world. So in this podcast episode, he provides his three most significant pieces of advice that he would give to other entrepreneurs starting a new business. He explains his reasoning behind each piece of guidance, including the advice to make pivots according to your business needs, question everything, and always promote yourself and your brand. Tune in to this episode to hear Eric speak about his advice and the lessons he learned in founding his companies. Also, catch up on the other segments of Eric’s interview and additional podcast episodes available on the Blackletter website!
Can breaking free from traditional business practices and consistently promoting your brand be the keys to founding a successful company? On this episode of the Blackletter podcast, host Tom Dunlap concludes his three-part interview with Eric Olson of Array Digital, Array Law, and Rival Digital. After founding a company of his own, Eric gained a lot of insight through his experiences finding success in the business world. So in this podcast episode, he provides his three most significant pieces of advice that he would give to other entrepreneurs starting a new business. He explains his reasoning behind each piece of guidance, including the advice to make pivots according to your business needs, question everything, and always promote yourself and your brand. Tune in to this episode to hear Eric speak about his advice and the lessons he learned in founding his companies. Also, catch up on the other segments of Eric’s interview and additional podcast episodes available on the Blackletter website!
Building upon his winning legacy and personality, Olympic sprinter, Usain Bolt, has secured several trademarks for use with athletic gear, clothing, accessories, and other products. These trademarks include his name, the stylized initials “UB,” and Bolt’s signature celebratory pose. The marks are protected for use across a broad selection of products, including sunglasses, sports bags, running shoes, sporting goods, games, hats, and more. The logo mark, along with the name and initial mark, protect Bolt’s ability to apply his identifying marks to lifestyle items as well as the athletic gear with which he is most closely associated.
How long does it take to register a trademark? As a trademark attorney, Tom is asked this question a lot, and the answer may surprise you. In this episode Tom discusses the timeline for completing a trademark as of June 2022.
How long does it take to register a trademark? As a trademark attorney, Tom is asked this question a lot, and the answer may surprise you. In this episode Tom discusses the timeline for completing a trademark as of June 2022.
What risks are worth taking to build your ideal business? On this episode of the Blackletter podcast, host Tom Dunlap continues his three-segment interview with Eric Olson from Array Digital, Array Law, and Rival Digital. As a company founder, Eric Olson is no stranger to the trials and tribulations of the business world, especially for those just starting out. This week, Eric discusses his biggest business challenge: hiring his first employee and facing the potential risks necessary to expand his business from a one-person freelancing operation to an employing company. While the responsibility of hiring a full-time employee was a big undertaking, it was also a significant step towards building the business that he desired. Listen to this episode to hear Eric speak about how he overcame his obstacle and took the risk necessary to make his vision a reality. And be sure to return for next week’s episode, where Eric will provide his key pieces of advice for entrepreneurs that he learned throughout his career.
What risks are worth taking to build your ideal business? On this episode of the Blackletter podcast, host Tom Dunlap continues his three-segment interview with Eric Olson from Array Digital, Array Law, and Rival Digital. As a company founder, Eric Olson is no stranger to the trials and tribulations of the business world, especially for those just starting out. This week, Eric discusses his biggest business challenge: hiring his first employee and facing the potential risks necessary to expand his business from a one-person freelancing operation to an employing company. While the responsibility of hiring a full-time employee was a big undertaking, it was also a significant step towards building the business that he desired. Listen to this episode to hear Eric speak about how he overcame his obstacle and took the risk necessary to make his vision a reality. And be sure to return for next week’s episode, where Eric will provide his key pieces of advice for entrepreneurs that he learned throughout his career.
In today's social media world, the risk of defamatory content and false statements reaching a broad audience has increased tremendously. In this episode Tom discusses the importance of understanding the landscape of online defamation and defamation law.
In today's social media world, the risk of defamatory content and false statements reaching a broad audience has increased tremendously. In this episode Tom discusses the importance of understanding the landscape of online defamation and defamation law.
A U.S. Appeals Court on Friday upheld rules set by he Federal Aviation Administration (FAA) requiring drones to have remote identification technology to enable their identification from the ground. Listen in as Tom covers the decision and offers his perspective as a licensed pilot.
A U.S. Appeals Court on Friday upheld rules set by he Federal Aviation Administration (FAA) requiring drones to have remote identification technology to enable their identification from the ground. Listen in as Tom covers the decision and offers his perspective as a licensed pilot.
Could segmenting in a new line of business launch your company into greater success? On this episode of the Blackletter podcast, host Tom Dunlap begins its eighth season with an interview with Erik Olson from Array Digital. Erik is a professional marketer, website developer, content creator, and CEO of a digital marketing company. However, his professional journey took several twists and turns to end up where it is today. His company initially focused on software development before introducing marketing services and slowly transitioned to become completely focused on digital marketing. Erik shares the thought process behind this shift, including the advantages of a recurring service-based business model. Much of Rob's company's success is thanks to his clients, and he explains his methods for segmenting his practice into niche areas and the different approaches he takes for each. Listen to the episode to hear Tom and Erik discuss segmenting and business transformation in this first segment of his three-episode interview. And stay tuned for the next Blackletter podcast episode to hear more about Erik's approach to business challenges.
Tune in this week to hear Tom discuss the Recent decision that orders new patent cases filed in Judge Alan Albright's Waco court to be split between Albright and the district's other 11 judges, effectively ending a policy that has allowed Albright's court to host nearly a quarter of all pending U.S. patent cases.
This week Tom takes a look at the Swiss' bomb shelter law and also debunks the internet rumor of a law on flushing toilets after 10pm. Join us as we learn why it is mandatory for every house to have a fallout shelter and if there is anyway around this law when building a house.
The Blackletter Podcast has gone over many topics throughout its seventh season, including lawsuits, finance, talent acquisition, recruitment, marketing, and more. So to wrap up season seven, this final episode features some important segments from this season's episodes, combined into one informative show. Listen to learn advice from the podcast's educational interviews as esteemed guests share their personal experiences and wisdom on achieving success in business and law. Educational Interviews (00:45) Host Tom Dunlap has interviewed many of the sharpest minds in business and law throughout season seven. To kick off the episode, listen to some of the knowledge and advice gathered by Tom’s conversations with Blackletter guests. Personal Experience (11:23) As CEOs, company founders, and other professional leaders, each of Blackletter’s interview guests brings a unique piece of insight to the table. Hear some of the personal experiences recounted from our guests that were integral to their professional journeys.
Business Wisdom (21:37) The path to success for entrepreneurs is never cut and dry, but this can still be achieved with the right business know-how. Listen to some of the top business leaders as they share their most essential pieces of advice for reaching entrepreneurial success.
Missed an episode? Catch up on season 7 of the Blackletter Podcast by following the links below:
https://blackletterstudio.com/season-7/episode-65-season-7-episode-1-session-1-building-a-company-within-a-company/ (Episode 65: S7E1 – Building a Company Within a Company) https://blackletterstudio.com/season-7/episode-66-season-7-episode-2-session-2-problems-are-puzzles/ (Episode 66: S7E2 – Problems are Puzzles) https://blackletterstudio.com/season-7/episode-67-s7e3-scaling-smoothly/ (Episode 67: S7E3 – Scaling Smoothly) Host Tom Dunlap sits down with Ben Landers over this three-part interview, where they discuss company growth, tackling business issues, and successful company scaling. Ben shares his advice to entrepreneurs that he gained through his experiences in Corporate America and founding his company Blue Corona. He discusses how he got started with his career and business endeavors in episode 1, explains his methods of overcoming complex issues in episode 2, and wraps up his interview in episode three, in which he speaks on scaling and shaping organizational systems. https://blackletterstudio.com/season-7/episode-68-s7e4-a-safe-space-for-finances/ (Episode 68: S7E4 – A Safe Space for Finances) https://blackletterstudio.com/season-7/episode-69-s7e5-prepare-and-plan/ (Episode 69: S7E5 – Prepare and Plan) https://blackletterstudio.com/season-7/episode-70-s7e6-the-personal-side-of-lawsuits/ (Episode 70: S7E6 – The Personal Side of Lawsuits) Tom is joined once again by Melanie Simons, the co-founder, and CEO of ReFrame Wealth. As a recurring guest on the podcast, she updates listeners on her entrepreneurial journey and experiences with her investment advisory firm. On episode 4, Melanie talks about financial discussions in the workplace and how the pandemic, resignations, and other factors contributed to her entrepreneurial growth. On episode 5, she talks about the internal challenges she and her partners faced while running their company and their different methods to address the issues. She concludes her interview in episode 6, discussing how legal battles can impact people personally and professionally. https://blackletterstudio.com/season-7/episode-71-s7e7-prevention-is-healthcare/ (Episode 71: S7E7 – Prevention is Healthcare) https://blackletterstudio.com/season-7/episode-72-s7e8-the-best-healthcare-system-in-the-world/ (Episode 72: S7E8 – The Best Healthcare System in the World) https://blackletterstudio.com/season-7/episode-73-s7e9-balancing-the-business/ (Episode 73: S7E9 – Balancing the Business) In this three-part series, Tom interviews Darrell Moon, the founder, and...
The ban on chewing gum in Singapore is one of the most unusual laws from around the world. It goes hand in hand with stringent laws on litter and graffiti. The law, which came into force in 1992, means that anyone importing, selling or making gum in Singapore faces a fine or even jail time. Tune in as we unpack the reason for the law and the newest version which allows for prescription use only.
This week we revisit the copyright case between Katy Perry's "Dark Horse" and Flame's "Joyful noise". This year, the U.S. Court of Appeals for the Ninth Circuit decided that Katy Perry’s song did not infringe because the musical components at issue were not protectable under copyright law. They held that the common musical notes in “Joyful Noise” lacked the originality required for copyright protection. Tune in to hear more details on the decision and this trend of siginficant music decisions.
What are the best pieces of advice for organizations seeking new talent? On this episode of the Blackletter podcast, Tom Dunlap wraps up his 3 part conversation with Christine Nichlos, CEO of talent acquisition company People Science. Christine shares with Tom and listeners her three key pieces of advice businesses and organizations should follow to recruit top talent that fits their mission and brand. Together she and Tom address concepts like being a frontrunner in recruitment, representing your organization with authenticity, and developing plans for acquiring talent. Finally, she emphasizes the importance of being proactive in your talent recruitment efforts to get the right people in the right seats. Listen to the episode to learn more about Christine's top pieces of advice for talent recruitment. And check the Blackletter podcast website to catch up on the entire three-episode series of Christine's interview. Links:https://t.sidekickopen01.com/s3t/c/5/f18dQhb0S7kF8bpNCmW1R3BxJ59hl3kW7_k2841CXdp3VPwTLZ1DWSMsW2bzNK06sQgJk101?te=W3R5hFj4cm2zwW4mKLS-45Nq5FW3ZV6j33F7ZBjW3F6bSS43T4P8W4hLyHN3zdYS7W3M0g691GJ1VhW1GHFsP3zdZ6pW1GFxND1GKhXCW3ZTJRm3LCGbrW49MW8M43YflGW43TbtZ41S-6rW1Gy7LL1GyZbCW3T3Qtl3T6k14W3NB9c443T4CHW3Q-Yh549KtVKW1GHbH33S-qrBf4fJg0TV3&si=8000000002529240&pi=0698050e-9150-411c-8513-af86c62da15d (How Companies Capitalize from the Great Resignation) https://t.sidekickopen01.com/s3t/c/5/f18dQhb0S7kF8bpNCmW1R3BxJ59hl3kW7_k2841CXdp3VPwTLZ1DWSMsW2bzNK06sQgJk101?te=W3R5hFj4cm2zwW4mKLS-45Nq5FW3ZV6j33F7ZBjW3F6bSS43T4NYW43Yfm13JF5JfW49MWlr4fGC9V347M2&si=8000000002529240&pi=0698050e-9150-411c-8513-af86c62da15d (The Recruiting Continuum) https://t.sidekickopen01.com/s3t/c/5/f18dQhb0S7kF8bpNCmW1R3BxJ59hl3kW7_k2841CXdp3VPwTLZ1DWSMsW2bzNK06sQgJk101?te=W3R5hFj4cm2zwW4mKLS-45Nq5FW3ZV6j33F7ZBjW3F6bSS43T4P6W3K2zVG3T3QRqW1GJ1gd3K78fLW3zh2yr4cPV4k4mMxz1&si=8000000002529240&pi=0698050e-9150-411c-8513-af86c62da15d (Recruiter Talent Assessment) https://www.people-science.com/ (https://www.people-science.com/)
Happy the elephant made history on Tuesday. She may be intelligent and deserving of compassion, but she cannot be considered a person being illegally confined to the Bronx Zoo, New York's top court ruled Tuesday. In a closely watched case that tested the boundaries of applying human rights to animals, a writ of habeas corpus is intended to protect the liberty of human beings and does not apply to a nonhuman animal like Happy.
How can businesses adjust their recruitment and retention strategies to survive post-pandemic workforce challenges? On this episode of the Blackletter podcast, Tom Dunlap continues his conversation with Christine Nichlos, CEO of talent acquisition company People Science. Together they discuss the significant business challenges affecting organizations today and how changes in practice can help them overcome these hurdles. Christine speaks on her company's role in the talent acquisition cycle and how businesses can reevaluate challenges to determine appropriate methods for approaching them. She explains that what worked for hiring pre-pandemic workers will not work now, so businesses must be able to keep up with workforce changes and survive the challenges that come with them. Listen to the episode to learn more about Christine's approach to workforce challenges. And tune in to the next episode of the Blackletter podcast for the final part of Christine's interview, where she will share her three walkaway pieces of advice for listeners. Links:https://t.sidekickopen01.com/s3t/c/5/f18dQhb0S7kF8bpNCmW1R3BxJ59hl3kW7_k2841CXdp3VPwTLZ1DWSMsW2bzNK06sQgJk101?te=W3R5hFj4cm2zwW4mKLS-45Nq5FW3ZV6j33F7ZBjW3F6bSS43T4P8W4hLyHN3zdYS7W3M0g691GJ1VhW1GHFsP3zdZ6pW1GFxND1GKhXCW3ZTJRm3LCGbrW49MW8M43YflGW43TbtZ41S-6rW1Gy7LL1GyZbCW3T3Qtl3T6k14W3NB9c443T4CHW3Q-Yh549KtVKW1GHbH33S-qrBf4fJg0TV3&si=8000000002529240&pi=0698050e-9150-411c-8513-af86c62da15d (How Companies Capitalize from the Great Resignation) https://t.sidekickopen01.com/s3t/c/5/f18dQhb0S7kF8bpNCmW1R3BxJ59hl3kW7_k2841CXdp3VPwTLZ1DWSMsW2bzNK06sQgJk101?te=W3R5hFj4cm2zwW4mKLS-45Nq5FW3ZV6j33F7ZBjW3F6bSS43T4NYW43Yfm13JF5JfW49MWlr4fGC9V347M2&si=8000000002529240&pi=0698050e-9150-411c-8513-af86c62da15d (The Recruiting Continuum) https://t.sidekickopen01.com/s3t/c/5/f18dQhb0S7kF8bpNCmW1R3BxJ59hl3kW7_k2841CXdp3VPwTLZ1DWSMsW2bzNK06sQgJk101?te=W3R5hFj4cm2zwW4mKLS-45Nq5FW3ZV6j33F7ZBjW3F6bSS43T4P6W3K2zVG3T3QRqW1GJ1gd3K78fLW3zh2yr4cPV4k4mMxz1&si=8000000002529240&pi=0698050e-9150-411c-8513-af86c62da15d (Recruiter Talent Assessment) https://www.people-science.com/ (https://www.people-science.com/)
The law of the United States is largely derived from the common law system of English law. What is the main difference in the American rule and the English rule in settling court costs? This morning Tom goes into the differences and requirements for each party to pay, win or loss.
The law of the United States is largely derived from the common law system of English law. This morning Tom goes into the history of stare decisis or precedent and further detail on the five sources of United States law: : constitutional law, statutory law, treaties, administrative regulations, and the common law.
How can businesses successfully acquire and retain talent amidst the Great Resignation? On this episode of the Blackletter podcast, Tom Dunlap speaks with Christine Nichlos to discuss the best talent acquisition methods to practice in 2022. In our post-pandemic world, businesses need to be proactive and strategic in how they approach talent acquisition. Tom begins his three-episode interview with Christine by asking her to share her expertise with talent practices she has cultivated throughout her experience as founder and CEO of People Science. Christine provides insight on how businesses and organizations can change their employee onboarding processes to attract - and retain - quality staff members. Listen to the episode to hear more about Christine’s approach to smart talent acquisition, and keep listening to the Blackletter podcast to hear more on Christine’s successful business management practices in our upcoming episodes. Links:https://t.sidekickopen01.com/s3t/c/5/f18dQhb0S7kF8bpNCmW1R3BxJ59hl3kW7_k2841CXdp3VPwTLZ1DWSMsW2bzNK06sQgJk101?te=W3R5hFj4cm2zwW4mKLS-45Nq5FW3ZV6j33F7ZBjW3F6bSS43T4P8W4hLyHN3zdYS7W3M0g691GJ1VhW1GHFsP3zdZ6pW1GFxND1GKhXCW3ZTJRm3LCGbrW49MW8M43YflGW43TbtZ41S-6rW1Gy7LL1GyZbCW3T3Qtl3T6k14W3NB9c443T4CHW3Q-Yh549KtVKW1GHbH33S-qrBf4fJg0TV3&si=8000000002529240&pi=0698050e-9150-411c-8513-af86c62da15d (How Companies Capitalize from the Great Resignation) https://t.sidekickopen01.com/s3t/c/5/f18dQhb0S7kF8bpNCmW1R3BxJ59hl3kW7_k2841CXdp3VPwTLZ1DWSMsW2bzNK06sQgJk101?te=W3R5hFj4cm2zwW4mKLS-45Nq5FW3ZV6j33F7ZBjW3F6bSS43T4NYW43Yfm13JF5JfW49MWlr4fGC9V347M2&si=8000000002529240&pi=0698050e-9150-411c-8513-af86c62da15d (The Recruiting Continuum) https://t.sidekickopen01.com/s3t/c/5/f18dQhb0S7kF8bpNCmW1R3BxJ59hl3kW7_k2841CXdp3VPwTLZ1DWSMsW2bzNK06sQgJk101?te=W3R5hFj4cm2zwW4mKLS-45Nq5FW3ZV6j33F7ZBjW3F6bSS43T4P6W3K2zVG3T3QRqW1GJ1gd3K78fLW3zh2yr4cPV4k4mMxz1&si=8000000002529240&pi=0698050e-9150-411c-8513-af86c62da15d (Recruiter Talent Assessment) https://www.people-science.com/ (https://www.people-science.com/)
While royals still have to follow most of the laws that govern the commoner, there are a few pieces of legislation that simply don't apply to them. On today's episode, Tom discusses the few laws that the royals don't have to follow such as speed limits, passports, taxes, jury duty and custody of descendants.
Memorial Day is a federal holiday in the United States for mourning the U.S. military personnel who have died while serving in the United States armed forces. Originally known as Decoration Day, it originated in the years following the Civil War and became an official federal holiday in 1971. Each year on Memorial Day a national moment of remembrance takes place at 3:00 p.m. local time.
According to Will Russel, there is no one rule to success, so what advice can he offer to new entrepreneurs? On this episode of the Blackletter podcast, Tom Dunlap asks Will Russell what tips and tricks he has learned to succeed in business through his company Russell Marketing. In this final session of their three-part interview, Will addresses this question by sharing important takeaways he has gained throughout his career. While Will explains that there is not one fundamental rule to succeeding in entrepreneurship, he does provide helpful advice on topics that include following a path to prosperity, being a good person in business, and persevering past imaginary limitations. Listen to this episode to hear the conclusion of Will’s interview on business and marketing, and catch the other interview segments available on the Blackletter podcast for more of Will's insight on marketing and business. Links: https://russellmarketing.co/
Ukraine saw its first war crimes trial against a Russian soldier end Monday with a life sentence. The judge pronounced Sergeant Shishimarin guilty of violating the laws and customs of war and of committing premeditated murder. Monday's outcome sets a significant legal precedent for the conflict that has featured the deliberate targeting of civilians. The verdict represents a milestone in Ukraine’s attempts to hold Russia and its soldiers accountable for atrocities committed in the war and there are many other alleged war crimes that are being investigated by Ukraine.
The foundation of all U.S. laws come from the Constitution - a document that was written over 200 years ago. Things have changed since then. The challenges faced by our country and the world are vastly different today. With the recent debate of Roe vs Wade and the constitution, we take a look at an important question: How do we apply the principles in the constitution to our current-day legal issues? Interpreting the Constitution is a very sensitive and controversial topic. In today's episode we look at two ways that people interpret the Constitution: as an originalist and as a living document.
What factors determine whether a product launch campaign will thrive on the market or fail? On this episode of the Blackletter podcast, Tom Dunlap continues his conversation with Will Russell, founder of Russell Marketing. In this second of three sessions, Will shares the two things he believes are most important when launching a product that will be successful on the market. First, he speaks about how sellers can validate the potential success of their ideas before putting their time, effort, and finances into them. Will then explains that founders should be trustworthy, transparent, and accountable to support their product launches. Furthermore, Will and Tom share their thoughts about credibility for business representation and getting people on board with a product or idea. Tune in to this episode to hear Will discuss the supporting factors for a successful product launch, the impact of credibility on business success, and the most significant business challenges he has experienced thus far. And check back in the next episode for the final installment of Will’s interview, where he shares the three pieces of advice he would give to a business. Links: https://russellmarketing.co/
A high-profile trial involving actors Johnny Depp and his ex-wife Amber Heard began April 12 in Fairfax, Va. The trial revolves around a defamation lawsuit Depp filed against Heard in 2019 about an op-ed she wrote about domestic abuse in 2018. Listen to this week's episode as Tom explains the details of the defamation suit.
What is the best method for achieving success in your next product launch? On this episode of the Blackletter podcast, Tom Dunlap speaks with Will Russell about the product launch strategies practiced by his company Russell Marketing. In this first session of their three part interview, Will discusses his agency’s approach to launching a product and overcoming challenges that are common in the marketing business. Each product comes with one shot at a launch - but many variables which could determine its success. Fortunately, Will’s five step system uses data to measure to predict potential challenges and resolve them proactively. Listen to the episode to hear more about Will’s approach to digital advertising, and stay tuned, as next week Will shares his insights on what makes some crowdfunding efforts successful while others miss the mark. Links: https://russellmarketing.co/
In apparent retaliation from opposing the state's new "Don't Say Gay" law, the Florida governor and state lawmakers revoked Disney's special tax status. This ongoing battle began with Disney’s criticism of a new law barring instruction on sexual orientation and gender identity. By revoking the Reedy Creek Improvement District, local counties will likely be left paying higher taxes and footing the bill for potholes and emergency services at Disney World.
On this episode of the Blackletter podcast, Tom Dunlap wraps up his conversation with Darrell Moon, the founder and CEO of Orriant. In Session 3 of 3, Darrell shares his advice to entrepreneurs: continuous quality improvement. In asking yourself who the customer is, Darrell believes you can categorize people as the served, server, sender and solvency. He breaks down what these are and how to find balance amongst them in order to have a thriving business. Listen to the episode to hear how this advice can help you. Links: https://www.orriant.com/ (https://www.orriant.com/)
This Monday, we stay on the lighter side of the law. Tune in as Tom discusses a centuries-old Virginia law against cursing in public that has been repealed. Where previously cursing in public could result in a class four misdemeanor and a fine up to $250, Virginians are legally able to curse for the first time since 1792.
On this episode of the Blackletter podcast, Tom Dunlap continues his conversation with Darrell Moon, the founder and CEO of Orriant. In Session 2 of 3, Darrell talks about the Nuka System of Care in Alaska, recognized globally as a superior healthcare system. The creators of the system, Southcentral Foundation, spent 6 months asking their customers what they wanted. Darrell explains what the foundation did to now be the most successful healthcare in the world, and for half the price. Listen to the episode to hear more about how Darrell helps employers embrace this system to benefit everyone. Links: https://www.orriant.com/ (https://www.orriant.com/)
Joe Biden has recently called for Vladimir Putin to be tried for war crimes over claims of civilian killings by Russian soldiers in Ukraine. In this episode, Tom relies on his military background in defining war crimes and discussing the long and difficult process to bring Putin to account or enforce actions against him. There's an array of international judicial institutions that could have jurisdiction of Putin's military abuse. Tune in to hear how they work and how their rulings are enforced.
On this episode of the Blackletter podcast, Tom Dunlap sits down with Darrell Moon, the founder and CEO of Orriant. In Session 1 of 3, Darrell shares his background in healthcare, and how that spurred him to help business leaders and their employees. Orriant educates on prevention healthcare; they help people set up healthy lives so that they can avoid the hospital. Listen to the episode to hear more about Orriant’s approach and how companies can best utilize their services. Links: https://www.orriant.com/ (https://www.orriant.com/)
A federal judge in Florida ruled that sections of the state’s year-old election law were unconstitutional and racially motivated, and barred the state from making similar changes to its laws in the next decade without the approval of the federal government. The election law created new hurdles for voters that made it harder for Floridians to take advantage of ballot drop boxes, imposed needless new restrictions on voter registration drives, and made it illegal to help voters (giving them water, for example) in line to vote.
On this episode of the Blackletter podcast, Tom Dunlap wraps up his conversation with Melanie Simons, CEO of ReFrame Wealth. In Session 3 of 3, Melanie discusses a recent lawsuit with her former employer, and how that’s impacting her personally and professionally. Although it adds emotional stress to her life, Melanie has made peace with the fact that she did everything by the rules. She has turned to mindfulness to manage the weight of the lawsuit, as well as the business for support. Listen to the episode to hear Melanie’s three main pieces of advice to any business owner going through a lawsuit. Links: https://www.reframewealth.com/ (https://www.reframewealth.com/)
On this episode of Monday Minutes, Tom Dunlap discusses what the U.S. is doing for Ukrainian refugee s . President Biden recently announced that the U.S. would accept 100,000 asylum seekers . Tom breaks down what that process looks like, as well as the eligibility requirements. Listen to the episode to learn more about who can file for asylum and how.
On this episode of the Blackletter podcast, Tom Dunlap continues his conversation with Melanie Simons, CEO of ReFrame Wealth. In Session 2 of 3, Melanie chats about the internal challenges she and her partners had to navigate once their company was up and running. While all the partners had the same intention for the business, they differed on how to reach that end goal. Melanie explains their creative solution to this predicament and urges anyone opening a business to have their documents prepared and settled. Listen to the episode to hear more of Melanie’s advice to those founding a company. Links: ReFrame Wealth website: https://www.reframewealth.com/ (https://www.reframewealth.com/) ReFrame Wealth LinkedIn: https://www.linkedin.com/company/reframewealth (https://www.linkedin.com/company/reframewealth) Melanie C. Simons LinkedIn: https://www.linkedin.com/in/melaniecsimons (https://www.linkedin.com/in/melaniecsimons) The ReFrame Wealth Story: https://youtu.be/WK8h9jOWB2k (https://youtu.be/WK8h9jOWB2k)
This morning Tom provides an overview of business sanctions on Russian. While U.S. companies and individuals can lawfully engage in a broad range of business activities involving Russia that are not subject to sanction, penalties for violating U.S. sanctions can be severe. Therefore, American companies are advised to familiarize themselves with the sanctions before conducting business activity. For more information you can go to trade.gov or dbllawyers.com.
On this episode of the Blackletter podcast, Tom Dunlap chats with Melanie Simons, the co-founder and CEO of ReFrame Wealth. In Session 1 of 3, Melanie sits down to talk about her entrepreneurial journey and what she’s learned. An investment advisory firm, ReFrame Wealth prioritizes financial planning and highly customized portfolio management. Financial discussions can be anxiety-provoking; Melanie and her team pride themselves on being a safe place to have those conversations. Listen to the episode to hear about how the pandemic, resignations and more spurred Melanie’s entrepreneurial path. Links: ReFrame Wealth website: https://www.reframewealth.com/ (https://www.reframewealth.com/) ReFrame Wealth LinkedIn: https://www.linkedin.com/company/reframewealth (https://www.linkedin.com/company/reframewealth) Melanie C. Simons LinkedIn: https://www.linkedin.com/in/melaniecsimons (https://www.linkedin.com/in/melaniecsimons) The ReFrame Wealth Story: https://youtu.be/WK8h9jOWB2k (https://youtu.be/WK8h9jOWB2k)
On this episode of Monday Minutes, Tom Dunlap discusses warranty stickers on devices that warn against breaking the seal for repairs. However, those stickers on products from Nintendo, Sony and more are in violation of the 1975 Magnuson-Moss Warranty Act.
On this episode of the Blackletter podcast, Tom Dunlap wraps up his conversation with Ben Landers, the founder of Blue Corona. In Session 3 of 3 of their interview, Ben chats about how he tackled a complex problem his company faced due to rapid growth. As they scaled, the company operated on disparate systems, causing friction for the employees. Ben identified every problem his team encountered, prioritized them by quarter, and started addressing them. Additionally, he hired someone who helped him conduct a competitive analysis, and from there, shape the organizational systems. To hear more about Blue Corona and Ben’s advice to entrepreneurs, check out Session 1 and Session 2 of his interview. Links: https://www.bluecorona.com/ (https://www.bluecorona.com/)
Pressure is mounting on companies to stop making repairs so difficult. Lawmakers in over 25 states are considering right-to-repair bills, aimed at making it easier to repair electronic devices after President Biden's 2021 executive order. The executive order asked that the Federal Trade Commission draft “right-to-repair” rules to come up with new rules limiting the ways companies can implement repair restrictions. The FTC said it would boost enforcement efforts against companies that illegally hobble repairs by doing things like suggesting that independent repairs will void a consumer’s warranty.
On this episode of the Blackletter podcast, Tom Dunlap is once again joined by Ben Landers, the founder of Blue Corona. In the second session of three, Ben believes all entrepreneurs to view problems as puzzles, as running a business is rarely smooth sailing. As his company has grown, he has had to tackle more complex issues. However, Ben is now more prepared, as he has shifted his perspective and equipped his team. Listen to the episode to hear more of Ben’s advice to entrepreneurs. To hear more about the unique founding of Blue Corona, make sure to listen to Season 7, Episode 1. Links: https://www.bluecorona.com/ (https://www.bluecorona.com/)
This morning Tom discusses the recent invasion of Ukraine by Russia. He discusses Putin's attempt at looking for reasons within the international law framework for this invasion and why Russia’s invasion of Ukraine is a clear act of aggression and a violation of Article 2.4 of the UN Charter, which prohibits the “use of force against the territorial integrity or political independence of any State”.
Can you successfully build a company within a company? On this episode of the Blackletter podcast, Tom Dunlap chats with Ben Landers about the unique founding of his company Blue Corona. Originally in Corporate America, Ben thought he’d be working for large companies forever. Then, the dot com era fell apart, and Ben found his way into small business, particularly a coffee company. However, that was only the start of his journey. Listen to the episode to hear more about how Ben successfully incubated his digital marketing firm within a coffee company, how he discovered the right customers and what business book every entrepreneur should read.
On this episode of Monday Minutes, Tom Dunlap chats about why and how government contracts differ from other contracts. The government is the larger spender when it comes to contracts, racking up $1 trillion dollars each year. However, they have unique rules in their agreements, such as termination for convenience, the Christian doctrine, and more. Listen to Tom break down termination for convenience and the Christine doctrine, as well as explain the difference between apparent versus actual authority.
On this episode of Monday Minutes, Tom discusses cow tipping and other phenomena. While it is illegal to trip a horse, and even a donkey in some states, it is not illegal to go cow tipping. Though almost impossible to do, you can be sued or fall into other legal trouble by trying. Listen to the episode to hear more on the topic.
How do you get a strong trademark associated with a descriptive or non-distinct term? With a lot of hard work! One way you can trademark a non-distinct term is through a secondary meaning. A secondary meaning is an additional meaning acquired by a non-distinct trademark through its commercial use. To acquire federal trademark protection, a non-distinctive mark must become associated with a single commercial source in the minds of consumers. (for example, the term “apple.”)
On this episode of Monday Minutes, Tom discusses how one can trademark a sound. Sounds like MGM’s lion, Tarzan’s call and even Homer Simpson’s “D’oh” are trademarked under the United States Patent and Trademark Office. Tom explains the certain qualifications the sound must meet in order to be patented. He also distinguishes how these sounds differ from ones such as 60 Minutes ticking and why those are not protected.
Season 6 of the Blackletter podcast is wrapping up! Today, we take a look at the highlights of this past season, from notable guests to complex topics. Tom discusses subjects like incorporating charity into business, pivoting during the pandemic, empowering women and much more. The Blackletter guests share their advice to business owners on how and why they should network, grow and fail forward. Philanthropy, Pivoting and Improvement:
Philanthropy (1:04)
Tom chats about the importance of philanthropy with Braven Greenelsh, Sharon Virts and Peter Burnett. Braven discusses how he has integrated philanthropy into his business Threegood, while Sharon chats about the call to action. Peter speaks on practicing kindness and community.
Pivoting during the Pandemic (4:19)
Ingrid Vanderveldt explains her campaign Empowering a Billion Women, and how her network rose to meet the challenges of the pandemic. Scott Harris discusses how he pivoted his business to provide sanitizing alcohol.
Women in Business (8:00)
Ingrid shares how integrating women into business benefits the economy, and what we can do to help activate them.
Advice for Business Owners (12:37)
Sabrina Shafer advocates that every business owner remains honest but harness the data at their fingertips. Kristina Bouweiri believes that networking, groups and learning hold the key to self-improvement, growth and success.
Fail Forward (17:58)
Running towards something is always better than running away from something. Larry Sharpe, the Managing Director of The Neo-Sage Group talks about finding love, respect and purpose. He warns entrepreneurs about the “employee mindset” and how to overcome it.
On this episode of Monday Minutes, Tom discusses French Dressing, the only dressing codified in the code of Federal Regulations. After a petition submitted by the Associations for Dressings and Sauces in 2020, the FDA has allowed the dressing to change, evolve and improve. Listen to the episode to hear more on the case.
According to Swiss guidelines, gruyère must be made in the region around Gruyères, Switzerland, which has produced the cheese since the 12th century. In the United States, however, gruyère can be made anywhere, according to a federal court ruling that was made public last week. It was the latest development in a long-running legal tangle between American cheese producers and producers in Switzerland and France over what makes gruyère gruyère. Listen as Tom discusses the holes in Swiss cheesemakers' legal arguments.
On this episode of Monday Minutes, Tom chats about how the writer Charles Dickens related to the law. In the 1800s, he had to sue for copyright infringement, as someone was selling copies of The Christmas Carole without his permission. Additionally, his novel Bleak House led to legal reform in the UK. Listen to the episode to hear more about the case and how the UK law relates to laws we still have in the U.S.
On this episode of Monday Minutes, Tom discusses a case involving the sculptor Michael Hayden and the famous Cicciolina. Ciciolina took photos with some of Hayden’s sculptures without a license, helping to launch the career of her ex-husband Mr. Koons. Interestingly, the photographs were taken decades ago and Hayden is only suing now.
On today’s episode, Tom gives an update for the Trademark Modernization Act of 2020, which will go into effect this December. The new features include a reexamination proceeding and an expungement. Tom explains what the new expungement proceeding is and what it accomplishes. Listen to the Monday Morning Minute to hear more on what the reexamination process looks like and what both new proceedings change.
On this episode of Monday Minutes, Tom discusses the recent trademark case of the Cleveland Indians and Cleveland Guardians. The Guardians’ roller derby team has sued the Cleveland Indians, saying they can’t use the name and that their trademark application is untruthful. The Cleveland Indians applied for a trademark outside the U.S. in order to expedite the process. Listen to the episode to hear more about where the Cleveland Indians made an error and how that might cost them.
On this episode, Tom discusses the Avery Dennison and ADASA case in Oregon that recently needed to be revisited. During the original trail, Avery Dennison had not told the jury about all the infringing products. The court sanctioned them an additional $20 million. Listen to the episode to hear more about why this is important.
On this episode of Monday Minutes, Tom discusses the Supreme Court Carbon Case, which challenges whether the EPA can regulate carbon emissions. Under Trump, the EPA’s abilities were restricted until Biden lifted that rule. The coal companies are opposing Biden’s actions, while the EPA continues to act in service to the environment and U.S. citizens.
On the last part of the Crowdfunding series, Tom explains what Form C is and what it entails. When filling out the form, you must provide items such as a business plan, risk factors, debt, investing goal and much more. Tom urges you to consult a lawyer when taking this approach, as there are no exceptions to SCC regulations. Listen to the episode to hear Tom’s opinion on whether you should crowdfund.
On this episode, Tom talks about regulation CF, otherwise known as regulation crowdfunding. Under regulation CF, a company can raise up to $5 million if they register their online transactions through an intermediary, such as a funding portal. Portals like GoFundMe are the easiest to use but have a fee. Additionally, there are limits to how much an investor can give, depending on their net worth and other regulations. Listen to this episode to hear more about the guidelines, accredited investors, and other limitations.
On this episode, Tom continues his discussion on crowdfunding from the business’s perspective. He touches on the JOBS Act, which dictates what you can do with crowdfunding in 2021. For example, the cap on crowdfunding within a 12-month period has jumped up several million. Listen to the episode to hear more about the new cap.
On today’s episode, Tom Dunlap chats with Braven Greenelsh about Three Good, a platform that helps mitigate early signs of burnout in employees. With anonymous surveys and other tools, employees get a chance to express themselves while employers get a touch on the corporate pulse. In answering questions, responding to feelers, and engaging with the platform, employees rack up points that Three Good then converts to donations to charities. By taking care of themselves, they can help take care of others.
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On this episode of Monday Minutes, Tom begins a four-part series on the regulations of crowdfunding. Crowdfunding is when a company raises small capital from many individuals. From the perspective of a company, what are the advantages of crowdfunding? For one, it opens up your fund-raising efforts to a wider base, as well as creates awareness of your brand. In terms of disadvantages, platforms will take a percentage of what you raise, as well as have other regulations.
A health care employer in the Cincinnati area lawfully required its employees to get vaccinated or be fired, a federal district court judge ruled on Friday in one of the first decisions of its kind. Listen to the recap on today's Monday Minutes to hear more about how this could set a broad precedent for future in rulings in other states.
On this episode of Monday Minutes, Tom continues the discussion on how companies can require employees to get the vaccine. He explains how some employees are protected against mandated vaccination status under religious protection. However, he distinguishes that it must be a firmly held belief and stated into the religion. If an employer has an exempt employee, they’re allowed to create different policies for vaccinated versus unvaccinated. Listen to the Monday Minutes to hear more about how these new state laws play out with the federal ones.
On today’s episode, Tom Dunlap chats with Larry Sharpe about his time in the military, how he became an entrepreneur, and some of his life lessons. Looking for guidance as a young man, Larry joined the military and learned invaluable skills he has carried over to other fields. He tells the story of how he launched his entrepreneurial career, as well as the lessons he learned the hard way through his company. Now the managing director at Neo Sage Group, Larry coaches, trains and consults leaders in how to better impact their team.
On today’s Monday Minutes, Tom discusses the recent FDA approval of the Pfizer vaccine for anyone over the age of 16. The Army and companies can now require their employees to get the vaccine. Prior to the FDA approval, companies could mandate the vaccine under the emergency use act. In response to this, states are now passing bills that grant vaccination status the same protection that race, gender, religion receive. Listen to the episode to hear which state has already passed protection for vaccination status. blackletter, dbl, dunlapbennettludwig, mondayminute, tomdunlap, business, entrepreneurs, law, legaladvice, COVID, vaccine
On this episode, Tom discusses what a force majeure is and why it is relevant to the pandemic. A force majeure is a provision in a contract that comes into effect when something significant happens such as earthquakes, floods, labor shortages, strikes, and sometimes—pandemics. As the Delta variant sweeps across the country, force majeure clauses may become enacted. Tom covers what the contract would need to specify in order for the contract to be delayed or broken under the clause. He dives into what the courts will look for in order for the force majeure clause to be used, as well as provides examples.
On this episode, Tom discusses an important topic: the FDA’s vaccine approval process. The typical vaccine approval process takes about 10-12 months, and the coronavirus vaccines are no different. Tom covers what goes into the approval process and the timeframe of each step. The first stage is research and development, then three phases of clinical trials, which include thousands of administered vaccines, placebos etc. After this, there is a fourth phase and then approval.
On today’s episode, Tom Dunlap chats with Kristina Bouweiri about how she transformed her business, Reston Limousine, during Covid. During a time in which everyone was mandated to stay at home, Kristina’s busses and limousines became obsolete overnight. Kristina then pivoted her business to food delivery, organ transplant transportation, as well as transporting Covid-positive patients to quarantine. Since then, her business has improved and only continued to improve.
On this episode, Tom discusses how recently Apple Inc. went to the Trademark Trial and Appeals Board to stop a new trademark by Mattel Inc., owner of the game Apples to Apples. This new trademark would be for entertainment services, such as an online game and potentially, a children’s TV show. Tom covers what Apple Inc. specifically takes issue with, as well as shares his thoughts on how the case will go down.
On today’s episode, Tom discusses the extension of the student loan forbearance to January 31st 2022. The Biden, and in part Trump, administration has given $110 billion in student loan forgiveness. Student loan borrowers have been saving about $5 billion a month in relief. Listen to the Monday Minutes to hear more about it.
Today, Tom Dunlap chats with Ingrid Vanderveldt who was the Entrepreneur-in-Residence at Dell for many years, before becoming the founder and current CEO of Empowering a Billion Women, an organization dedicated to creating 100 billion dollars of global market impact by 2030 through empowering women entrepreneurs, leaders and advocates. Listen as they discuss women in the COVID world, changing minds and businesses, her goal for social and economic impact and serving qualified men and women.
For today’s Monday Minutes, Tom discusses the world’s first ever patent issued to a machine. South Africa issued a patent to an AI inventor named Dabus. The inventor of Dabus, Steven Thaler from Imagination Engines filed the patent originally in the US and the UK, before being rejected. In the US, the patent requires the inventor be an actual person, but said that the patent Thaler filed fits all of the other requirements. The UK IPO said the same, with the only issue being in the inventorship. Listen to the episode to hear Tom delve further into the topic.
For today’s episode, Tom discusses Crocs recent decision to file a trade dress lawsuit against a variety of shoemakers, including Walmart, Sketchers and more. As soon as their design patent expired, which happens often, other companies released their own shoes with the Crocs style. As a response, Crocs filed a trade dress claim, which allows for protection if the company can prove certain things such as if the company can identify why the design is unique to them. Listen to the episode to hear Tom explain the trade dress further, including its other qualifiers.
Tom Dunlap is joined by special guest Sabrina Shafer, CEO of transformation CONTINUUM. They discuss how to prep your company to go to market digitally. Topics for the episode include digital transformation, executing your transformation plan and advice for law firms going through a digital transformation.
For today’s episode, Tom discusses a report released by RPX corporation, which handles infringement litigation when companies have been sued by non-practicing entities. Non-practicing entities own patents or portfolios, but do not make a product, and sue other companies when those patents are infringed upon. Compare to last year, litigation with NPEs has risen by 7%. On the reverse side, practicing litigation has dropped by 16%. Tom touches on what this means and why this is occurring now in 2021. Listen to the episode to hear how this all relates to Fintiv and Judge Albright in Waco, Texas.
On this Episode of Blackletter, Tom Dunlap is joined by special guest Scott Harris, owner of the Catoctin Creek Distillery. This episode covers the history of the distillery as well as Harris’s work pioneering hand sanitizer production out of distilleries.
Today, Tom Dunlap discusses the Supreme Court ruling in favor of a high school student who had been cut her from the varsity cheerleading time due to profanity in her Snapchat photos. The teenager posted on her Snapchat, swearing about the school, which eventually got back to the school, who punished her. The Supreme Court ruled that the school did not have the right to censor or punish students for their freedom of speech or expression outside the classroom
For today’s episode, Tom discusses employers having the authority to mandate vaccination. If Pfizer and Moderna get the full approval by the FDA, then employers have the ability to enforce vaccination before returning to work. Tom goes through the American with Disabilities Act that employers will have to comply with, as well as, if they need to keep track of side effects from the vaccine.
Today, Tom Dunlap chats with Sharon Virts about building her successful government contracting business, her new book, and her recent philanthropy work. Sharon began her foundation to support four pillars that she believes are necessary for a thriving community: education, cultural and historic preservation, healthcare, and opportunity for development. They have donated millions of dollars to build much needed systems like a Trauma Center in Loudoun County, and STEM, reading, and art programs for the local schools.
For today’s episode, Tom discusses the recent case involving Fresh Hub and Amazon. Fresh Hub alleges that Amazon infringes on their patent IOT kitchen voice technology. Fresh Hub’s patent includes using your voice to order and manage grocery lists. However, Amazon, which now owns Wholefoods, is allegedly using that technology via the Alexa app and other smart devices. The case is still evolving, so check back in with Tom on Monday Minutes to hear an update!
For today’s episode, Tom discusses the recent Supreme Court Ruling on the Computer Fraud and Abuse Act, or CFAA. The case involved an officer who used his access to a state-run computer to search for the license plate of a woman on behalf of a friend. The friend allegedly paid him $6,000 to see if the woman was an undercover cop or not. The federal government prosecuted him under CFAA, but the appeal questions if an insider like the officer can be convicted under that act. Tom discusses the outcome of the ruling and the perspective of each side.
For today’s episode, Tom discusses the origins of Memorial Day as a day of remembrance and what it truly means. It began a few years after the Civil War as “Decoration Day,” in which Americans, especially in the North, placed decorations on tombstones. Tom touches on its unique presence in Charleston. In the 1970s, the government officially declared the holiday on May 31st as a day of remembrance. Listen to the episode to hear more about its history and how it’s celebrated today.
For today’ s episode, Tom discusses the origins of the phrase “Crossing the Rubicon” and how it has appeared in the legal world. He distinguishes that there was no law in Rome that Julius Caesar could not cross the Rubicon River. Rather, it had to do with Imperium, which prohibited Roman generals to return to that area of Italy without disbanding their army. When Caesar crossed the Rubicon, he and his army became outlaws subject to death—essentially reaching the point of no return. In American law, this connects to the idea that federal troops can’t be deployed on American soil with weapons. Listen to Tom explain the exception to this rule and how it is allowed to exist.
In this episode, Tom Dunlap chats with Peter Burnett, of Burnett and Williams Firm, about his Ampersand Pantry project that collects meals from local restaurants and gives them to families in need during Covid. Peter has been practicing law for almost 44 years. In that time, he has come to realize the power and importance of community. As someone who owns businesses in his local community, he has come to recognize how the people around him have made him successful. This sparked a need to give back to his neighbors who struggle.
For today’ s episode, Tom discusses the recent ruling by the PO Board in the Trademark trial with a Georgia Craft Brewery. The brewery couldn’t register the phrase “Dank Tank” for a beer, but the board and the brewery have differing opinions of the word’s meaning. The brewery states that “dank” refers to cannabis and when used in the context of beer, is a unique phrase. The Board said “dank” is a descriptive term for funky flavors in beer and therefore, could not be used.
For today’s episode, Tom discusses defamation in the current Smartmatic and Dominion lawsuits against Fox. Defamation occurs when someone publishes a written or spoken false statement that hurts the reputation of the company’s character. Tom explains the difference between “slander” and “libel” and touches on its history and burden of proof in England. Smartmatic and Dominion have sued Fox News for allegedly defaming them by saying their voting machines didn’t work and created false votes. Fox News’ first defense was something called “privilege,” which states they were only repeating what President Trump said about the machines, which they can do under First Amendment rights. Listen to the Monday Minutes to hear more about the lawsuits.
In Season 5, Blackletter has covered a variety of topics, from building a positive and productive culture to cybersecurity in a remote workspace. We cover topics that have been exaggerated by Covid and will remain relevant long after the pandemic ends.
For today’s episode, Tom continues his discussion on Anti-SLAPP statutes enacted by a number of states. SLAPP stands for Strategic Lawsuit against Public Participation, and references when a wealthy and powerful entity is bringing forth lawsuits to silence public criticism or participation. Over thirty states have enacted Anti-SLAPP statutes, which allow the defendant to file a response, saying the initial lawsuit is meant to intimidate the public. If the judge kicks the lawsuit, very often the defendant’s legal fees are paid by the plaintiff, which is unusual. This response is called a SLAPP back. Tom encourages those in the legal field to research the subject further in their respective states.
For today’s Monday Minutes, Tom discusses Robinhood’s usage of Ice Cube’s image in their newsletter. Robinhood, infamous for the GameStop stock situation earlier this year, used Ice Cube’s image and a parody of his phrase “Check yourself before you wreck yourself” in their educational newsletter, “Snack.” The lawsuit states that Robinhood misappropriated his image and phrase, and Ice Cube does not want to be associated with the platform. Robinhood claims free speech rights and issued an Anti-Slap action. Listen to the episode to hear more about what Anti-Slap is and if Tom thinks the suit will go forward.
Today, Tom Dunlap chats with Stefan Leipold, the CEO of Stark. He is also the inventor of the magnetic privacy screen for laptops and PCs. Tom and Stefan discuss cyber security concerns and remote work, cyber security and company dynamics and building a career in America.
For today’s Monday Minutes, Tom discusses laws that will take effect in 2021 on the state and federal level. In states like Connecticut, new laws will require more police accountability, better training, and de-escalation tactics. In addition, over 20 states passed laws to raise the minimum wage. On the federal level, the use of a “real ID” will be required to board planes. Tom also touches on other laws that will address the rise of higher level education costs, as well as environmental regulations and laws.
For today’s Monday Minutes, Tom discusses what the Supreme Court’s shadow docket is and how it works. The shadow docket allows for a fast track set up intended for emergencies. A litigant goes before a singular justice and asks that justice to take the case before the rest of the court. It can avoid public discussions, written opinions and advice to lower courts. During the Trump administration, its use has increased by 20x, causing concern by representatives. To hear more about the shadow docket, listen to this episode of Monday Minutes.
In this episode of the Black Letter Podcast, Tom Dunlap and Stephanie Eberhart of neXco National discuss networking, professional development and the hiring process in a virtual world. The two talk about ways businesses can grow in virtual settings.
For today’s Monday Minutes, Tom discusses the Prep Act, or the Public Readiness and Emergency Preparedness Act. The law issues declarations that allow for the immunity of companies that create products to combat diseases such as the Zika virus, Ebola, and of course, the coronavirus. Essentially, companies that make masks, ventilators or more are free of liability unless there is willful misconduct. Hear more about the Act, who issues it, and its amendments by listening to this episode of Monday Minutes.
Tom discusses President Biden’s proposal for his Estate Tax plan. Tom covers what the proposal entails, including reducing the current lifetime credit each individual has from 11.7 million to 3.5 million, and increasing the estate tax from 40% to 45%. He contextualizes the proposal in relation to 2026, where the increased estate tax and the lifetime credit will automatically change. Tom encourages planning for everyone, even those who will potentially have an estate of 3 million by 2026.
Tom discusses buy-sell agreements, which have seen an increased interest during Covid. He touches on how some partners are either entering or existing the business in response to the pandemic, while others are staying. Tom also explains the two types of buy-sell: cross-purchase agreement and the redemption agreement. Overall, buy-sell agreements remove a lot of the what if questions out of the equation when a business partner leaves or even passes away and can also regulate to whom the shares are given.
For today’s Monday Minutes, Tom goes over the top Dos and Don’ts of Zoom etiquette. Though it’s been a year since the first lockdown, Tom and his partners still see blunders while video conferencing. From muting yourself when not speaking, to camera angle, and backdrop, Tom covers tips to have a better, more professional conference call. He encourages everyone to treat Zoom meetings like in person ones, with the appropriate dress and attention required.
For today’s Monday Minutes, Tom discusses non-fungible tokens and their recent popularity. Non-fungible tokens, or NFTs, exist in blockchain, but unlike Bitcoin, cannot be replaced with something else. NFTs can be anything from a collectable to a piece of digital artwork. The most common use of NFTs can be seen in gaming, where users can trade items for real money to utilize in the game. Listen to the episode to hear more on non-fungible tokens.
For today’s Monday Minutes, Tom touches on smart contracts and how they relate to blockchain. A smart contract is a way to enter into a transaction without having a physical contract. He likens it to a vending machine, where you put money into a chain of events, such as blockchain, and you immediately get out your part of the transaction. Blockchain, an example being Bitcoin stores data and creates a marketplace. Tom gives examples of how this type of interaction can be used in real life scenarios.
Today, Tom Dunlap and Kurt Klaus of Dunlap, Bennett, and Ludwig chat with Will Gee, the CEO of Balti Virtual about the field and future of augmented and virtual reality. Listen in as they cover topics such as VR and the AR Cloud, the potential future of the industry and what Balti Virtual has learned through business culture, growth and working with some amazing clients.
For today’s Monday Minutes, Tom discusses his recent work with blockchain and NFTs, or non-fungible tokens. Blockchain is a specific type of database in which information is stored in chains, as opposed to tables in an Excel spreadsheet. He gives a simplified explanation of how data is stored and encrypted in a blockchain. Bitcoin is the most known type of data stored in a blockchain. Tom touches on why some people prefer bitcoin over traditional banking and how blockchains protect the data stored inside them.
In a lighter rendition of Monday Minutes, today Tom mentions some of the bloopers and blunders that have happened on Zoom during legal proceedings. By now, many of us have seen the lawyer on Zoom with a kitten face filter, saying “I am not a cat.” Tom shares other instances such as naked attorneys, drinking, meth pipes and more!
For today’s Monday Minutes, Tom discusses Judge Jed Rakoff’s recent book, “Why the Innocent Plead Guilty and Why the Guilty Go Free.” Working in the southern district of New York, Rakoff is an experienced judge who delves into why people are pleading guilty instead of going to trial. The book offers anecdotes and observations on how the legal system and class privilege support this pattern.
Nike filed suit on January 15th, 2021, against an LA-based manufacturing company “La La Land Production & Design Inc.” over supplying fake “Dunk” sneakers. This suit follows one month after Nike Inc. settled a lawsuit against Los Angeles streetwear designer Warren Lotas, who sold the fake Dunk sneakers. La La Land stated it had functioned only as a manufacturer for Warren Lotas and had been indemnified by him against such claims.
In this episode, Tom Dunlap chats with Heinan Landa, President & CEO of Optimal Networks, about how law firms can modernize their use of technology to better meet the changing world's needs. Listen in as they cover topics such as using and adopting technology as a tool, transitioning to new tech, and what etiquette to follow on new technology.
Today, we're going to talk a little bit about the law in DC for carrying a handgun and why? Well, because we had the Capitol riots recently and there were more than 70 at the time of this recording and probably now more than 100 are under investigation. It's black letter law in DC, and everybody here knows it. This is DC official code 22-4504.01, which is federal law because Washington DC is still a military district. It says, "You must be licensed to carry a firearm in the district concealed while open carry is prohibited. However, there are exceptions for legally registered firearms."
What will happen to the Trump defamation lawsuits once he is not the President? Multiple women have claimed that Trump has sexually assaulted them in the past. But two of them are actually suing the president or the former president for defamation after he's denied those claims. Both cases were stayed because the president's lawyer said he's immune. What happens to that appeal now that he's no longer president and the Justice Department can't step in and represent him as a sitting president?
The Trademark Trial and Appeal Board (TTAB) has decided that a proposed mark incorporating the name “Trump” may not be federally registered as a trademark. Relying on the Lanham Act that doesn't allow registration of any mark that identifies “a particular living individual” without that person’s consent, the TTAB refused to register “Trump Too Small” for use on T-shirts and other apparel.
On this special episode of The Blackletter Podcast, we highlight the best of seasons one through five! Topics include business development and marketing, legal issues in independent film making, political consulting, immigration, corporate law, corporate finance, commercial lending, non-competes, and more.
A company called Harrison/Erickson created the Phillie Phanatic way back in 1984. Harrison/Erickson sold the Phillie Phanatic to the Philadelphia Phillies for $215,000 back in 1984. However, they argue that under a section of the copyright act, they had the right to renegotiate those terms, and have since August of 2019 been in a lawsuit with the Phillies, or one new lawsuit or another since then. The Phillies of course said they have the rights to continue using the Phanatic, and it all came to a head this last spring in spring training, when the Phillies debuted a new version of the Phanatic, which they call a derivative work, which they say, the Phillies say, gives them the right to use the new version of the Phanatic Harrison/Erickson, the company that designed the original Phanatic, actually say that they don't and that it's not a derivative work, but that it's a knockoff, and that they're entitled to additional damages. The Phillies have responded to Harrison/Erickson's allegations or statements that that company has already been paid a million dollars for the Phanatic, And it's not like they're stealing it, they paid Harrison/Erickson in good faith.
Thousands of people got an email from Airbnb a couple of weeks ago, and they made maybe a $15,000 mistake. At least one man did according to an article by NPR. Airbnb went through its initial public offering, and its stock price more than doubled almost instantly. Now, tons of Airbnb hosts who had received an email a couple of weeks ago offering them a chance to buy stock ahead of the IPO are kicking themselves for missing out and missing the email.
Today a US appeal court is going to hear an appeal challenging the order that blocked the TikTok app from the store. Now that ban at least blocking it entirely from the App Store and blocking the users was stayed by another appeals court judge or a district court judge in September 27th. However, absent some kind of result from this appeal the TikTok app will be blocked. President Trump empowered the Justice Department to enforce that order a couple of weeks ago and TikTok, which has over a hundred million US users could soon be blocked. They have yet to finalize and close a deal with Walmart and Oracle that are in talks with TikTok to shift the US assets into a new entity that is aimed at satisfying President Trump's divestiture order.
Tom Dunlap chats with Marissa Levin, co-founder of Successful Culture International, 20-year entrepreneur and speaker, on how to facilitate an engaged, inclusive virtual culture. We also discuss the important qualities leaders must implement in order to retain and grow employee trust in these isolating times.
Tiger Lily Ventures, a British company was seeking to name their whiskey Lehman Brothers. The trademark lapsed in the U.S. Register. The Barclays failed to renew the trademark in 2013 and Tiger Lily jumped on top of that and filed a trademark for whiskey and beer using the Lehman Brothers name. The argument that Barclay's made about the marks was a) they own the marks, b) the marks are famous and c) clearly if Tiger Lily uses the marks for whiskey, even though it's not the same goods and services as Lehman Brothers Financial Services or Barclays Financial Services, people are going to make some association back to the original owner of the mark, in this case, Barclays, and it would result therefore in dilution of the distinctive quality of Barclay's mark. Further, the Tiger Lily's mark falsely alludes to a connection between Barclay's predecessor in interest Lehman Brothers. Despite Tiger Lily's defense that Lehman let the mark lapse, all trademark rights derived from use in commerce and common law rights are king if you've been using it first. Registration helps, but it doesn't give you absolute rights to use something. Tiger Lily's defense that they were the "first to file" and that Barclays had abandoned the mark failed and the TTAB, Trademark Trial and Appeals Board eventually found in favor of Barclays sustaining the likelihood of confusion argument, relying on two key considerations in the DuPont analysis. The TTAB said that the similarities between the marks and the similarities between the goods and services, while they're very different, the marks identical in sound appearance and meaning. And because the mark is relatively famous in this case, even where goods and services are not competitive or intrinsically related, the use of identical marks can lead to the assumption that there's a common source. The TTAB went on to say the goods and services need not be identical or even competitive to support a finding of likelihood of confusion. And in this case they found Lehman Brothers is famous and that Tiger Lily's goods and services are the type that could be easily encompassed in the commercial repertoire of a famous mark owner, such as Barclays, because Barclays is so huge. So Tiger Lily has the opportunity to appeal this decision, we'll see if they do, but for now they are out of the game.
Tom Dunlap chats with Mo Bunnell, the founder and CEO of https://www.bunnellideagroup.com/ (Bunnell Idea Group), about how professionals such as lawyers, doctors and accountants can market themselves and their services. We also discuss his book, https://mobunnell.com/book/ (The Snowball System), which is a deep exploration of these topics.
Kanye was actually sued over a song called Ultra Light Beam. The plaintiffs were Andrew Green and Shirley Green suing on behalf of their daughter, which in the lawsuit, I assume she's a minor, was identified solely as NG, that's November Golf, and somebody named Andrea Green. At the beginning of a song by Kanye, there's a small sample from that work, Ultra Light Beam that involves the NG miner and Andrea Green praying together and saying something about not having devils in the house. Kanye sampled that, it was in his song. Apparently, he had approached NG's original mother and then NG was adopted, and the original mother had given him permission, but nothing in writing and no money. All of it comes down to the fact though of something much simpler, and I think it's something that companies and individuals and anyone who does anything that's copyrightable, from software to fictional work, needs to take note of. Since the case, The Fourth Estate, the United States Supreme Court has said over and over again, "You can't bring a copyright suit on a copyright application. You've got to have a registration, an issued copyright registration." And in this case, that's why the bulk of the complaint was initially dismissed in January. The case settled subsequently. So, there's really nothing more to say there about Kanye or this NG Ultra Light Beam song, except that it was just a good lesson.
Tom Dunlap chats with David Notowitz, of https://ncavf.com (National Center for Audio & Forensics), and David Ludwig, of https://www.dbllawyers.com (Dunlap, Bennett and Ludwig), about how much information is stored in digital evidence and why attorneys need to thoroughly analyze video and audio files the way they do other documents. We also discuss what can go wrong if attorneys don’t do their homework with digital evidence. David Notowitz is the founder and lead audio, video, and digital forensic expert of NCAVF, the National Center for Audio and Video Forensics. NCAVF provides all levels of consulting, video and audio clarification, and media preparation for legal situations - from video production, 3D scene reconstruction, and forensic measurements to media enhancement, cellphone recovery and analysis, and testimony as an expert witness. From 2001 until today, NCAVF has grown into one of the top privately owned audio, video, and smartphone forensic companies in the country with six full time employees.
On November 10th, there is a crazy important case that involves a challenge to the Affordable Care Act, or the ACA. The ACA is the healthcare law that some people call Obamacare. And what's being challenged specifically in this case is something called minimum essential coverage provision. And sometimes you heard it called the individual mandate. What this minimum essential coverage provision says is that if you don't have healthcare, then you have to pay a penalty. And it's being challenged because Congress set the penalty to $0 starting January 2019. And what that resulted in is a lot of states saying, well, that's unconstitutional because the penalty of $0 essentially means that provision of the law doesn't do anything. And doesn't generate, "At least some revenue." As a result, Texas, and a number of other states have filed suit to overturn the entire Affordable Care Act based on that one provision. And there's a really great breakdown of this on the internet, if you just type in California versus Texas, which is the name of the case. What happened at the trial court was that this case was heard, it was appealed to the Fifth Circuit, the Fifth Circuit remanded it, but the Supreme Court jumped in and is taking the case up now. It'll be, probably, one of the first major cases besides election day cases that Amy Coney Barrett is going to have to rule in. And the courts, Republican five for majority on the Supreme Court right now, where Justice Roberts has been the swing vote many a time is now changing, obviously because there is a sixth for majority on the Supreme Court. And Democrats before only had to convince one justice to swing their way when it came to political leanings. Now, ostensibly, the fear is that Democrats have to sway at least two Republicans to get "their way." But if the ACA's overturned it could have massive and far reaching consequences for the entire healthcare system in the United States. And I don't think they're necessarily good consequences, but we'll see what happens on November 10th in oral argument and see what questions the justices ask, and what the reporters say is being telegraphed by this.
Today, we're going to talk about the Netflix lawsuit involving the estate of sir Arthur Conan Doyle, the author of the Sherlock Holmes series. The Doyle estate sued Netflix over its making of a film called Enola Holmes. That film is about the 14-year-old fictional sister of Sherlock Holmes. The issue is that most of the Sherlock Holmes stories, at least those published prior to 1923, were found to be out of copyright by another court, so that left the Doyle estate with only Sherlock Holmes stories published between 1923 and 1927, approximately 10 stories, which they claim is when Sherlock Holmes, the character, was developed. The Enola movie, of course, involves a fictional sister Sherlock Holmes that does not appear in any of the Sherlock Holmes books. Copyright law, when it comes to protecting fictional characters, there are two basic tests. There's the character delineation test and the story-being-told test. They sort of come to the same thing, but the character delineation test specifically has been said to be when a character has been delineated to the point at which behavior is relatively predictable so that when that character is placed in a new plot situation, it will react in ways that are at once distinctive and unsurprising. Interestingly, the other standard, the story-being-told test was applied to say, basically, if the character is only there to move the story along and doesn't have these distinctive features, that you fail and you don't have copyright rights. The next thing they have to prove is that is the character and the copied work actually a copy of the character in the original work? In other words, is it infringing? In this case, it's really this movie centered around Millie Bobby Brown character, Enola Holmes, and not so much around Sherlock Holmes, Henry Cavill's character himself. He's certainly an important background character, a supporting character, but by no means the center of attention, and nor do I think personally that a lot of the things that he does in the film are so related to the actual Sherlock Holmes books as to make me believe that it's actual copyright infringement of the Holmes character, at least as distinguished between the very first Sherlock Holmes books in the 1880s and the series of 10 books from 1923 to 1927.
Today, we're going to figure out what the UK thinks about Venezuela's president. Is it Nicolas Maduro or Juan Guaido? There's a question in Venezuela as to who the head of the government is. The United Kingdom officially thinks that it's Juan Guaido. They've said that Maduro has suppressed the local populous and suppressed voters and therefore they issued an official statement saying that Maduro was not the president, Guaido was, even though Maduro was in control, at least allegedly in control of the government. So why is this a big deal? Well, there's $2 billion sitting in the Bank of England and Brazil? At least the putative government under Maduro has sued to get that money and the UK has said, originally the high court said, "Well, that's not your money. That belongs to the head of government Guaido." But what's interesting is an English court of appeal overturned that ruling. They didn't decide that Maduro was the true head of government but they recertified it back to the high court to find out from the high court, one while the UK recognizes Mr. Guaido as president for all purposes and therefore does not recognize Mr. Maduro, the UK has to say that in a more definitive answer, and two, they have to recognize Mr. Guaido is entitled to be the president of Venezuela and thus entitled to exercise all the power. But they also have to recognize Mr. Maduro, who does in fact exercise some or all of the powers of the president of Venezuela. For now that $2 billion is going to stay in England, along with another $120 million that is in Deutsche Bank.
Tom Dunlap chats with Rhonda Miller, partner of Dunlap, Bennett & Ludwig, about how to protect your assets during a global pandemic and the presidential election.
The US Supreme court recently had a big decision when they removed a judge's order, saying that South Carolinians who are voting had to have a witness. A judge in South Carolina said that the state's rule that you had to have a witness before you could send your mail in ballot. The judge ruled that that couldn't stand and he stopped the state from implementing that change, and the Supreme Court stayed that judges order saying that ruling could stand. Kavanaugh wrote a concurrence that listed two reasons for this. One, he said that the constitution and trust the safety and health of people to the states, and that the judiciary should not second guess the states election rules during a COVID pandemic. And second, he said that the Supreme Court has, for many years, emphasized that federal courts ordinarily would not alter any election rules this close to an election. The Supreme court recently reinstated a similar law in Alabama, but refuse to reinstate a similar law in Rhode Island that required two witnesses. If you're in South Carolina, make sure you've got somebody standing next to you before you cast your ballot. If you've already sent it in, or at least before October 6th, it's still going to count.
Today the question, what happens legally if a candidate or if the president dies before the election day? Well, we all know if the president passes away that the vice president gets sworn in and he sits in that office until the election happens. But what happens if a candidate for president dies before the election happens, can a political party replace a candidate? It seems that the answer is yes, but not this year because we're too close to election day. According to associated press already 63 million ballots have been sent to voters and 3 million votes have already been cast. So it's unlikely that they'd be able to substitute a candidate. Only Congress could change the date of the election, and they're unlikely to do that this year. What happens if somebody who's elected dies before they take office, between the votes, November 3rd and January 20th at noon, when officially the sitting president's term ends and the next president's term begins? If that person dies, then the constitution, the 20th amendment says that the vice president elect shall be sworn in. There's a lot more to it, it involves the electoral college, and in fact, you have to remember that we are not actually voting for the president, we're voting for electors, who then select the president. Now, generally the Supreme Court has recently said that States can require electors to vote the way that people in the state voted, but that's not the case in every state.
In Season 4, Blackletter has covered a variety of topics, from nanoparticle technology to the challenges of enforcing non-compete agreements. We discuss how different areas of the law have been affected by COVID 19 and how individuals can navigate these uncertain times.
Today, we're going to talk about legal issues and going back to school. So the coronavirus, this global pandemic's still going on and some schools are back in session. What does that mean? Well, it means that there's liability. Probably means they're going to be lawsuits. Some schools are having students sign liability waivers and other schools and school districts have said, "We're not doing that and we find them wholly unenforceable." What's the real answer? Well, the answer is from what I can tell, it depends. Some states have sovereign immunity for teachers and school districts as long as they follow CDC and federal guidelines for reopening school and complying with pandemic guidelines and protecting their students. And other states have different rules for tort immunity for their teachers and professionals. What about other students? You go to school and your child is sick and gets another child sick. Can you get sued? The unfortunate answer as we sit here right now is probably everybody can get sued. And I say this all the time, anybody can get sued for anything at any time. There is no federal or state liability shield for coronavirus. And many insurers are declining to protect their insured parties, that is schools, school districts, teachers, et cetera, from liability for a coronavirus "incident" or issue. From everything I can tell, I think having a liability waiver is a good idea, but I agree with most school districts and legal experts that it's probably not going to be enforceable in court, but at least it sets the parents and the student's minds in the right place if you do your liability waiver the right way.
Today, we're going to talk about the 2020 election and voting in the time of a pandemic. With COVID-19, what does that mean for showing up at the polls? A little bit of background about how voting laws work. The Elections Clause of the Constitution lets states basically govern their own elections, including for federal office. So when you're voting for president in your local state, your state is deciding how you're going to vote. Is it mail in? Do you have the right to do an absentee ballot? Do you have to have an excuse to do an absentee ballot? Congress can regulate federal elections under that Elections Clause when they deem they need to. There's something called Help America Vote Act. And I'm sure everybody's familiar with the National Voter Registration Act, which encourages voter registration. So where we are now is that different states have different rules about mail in and absentee voting. Because of the pandemic, a lot more states are changing their laws to allow more mail in and absentee voting. About two thirds of all states already had rules that allowed no excuse mail in voting. And that's changed over time. There are more states that have no excuse or coronavirus pandemic excuse mail in voting. And there are even some states like Nevada that are actually requiring mail and voting and are closing all of the in-person polls. The big challenge in every one of these cases, is a balance between, is there voter fraud from mail in voting? Is there a risk of when you get mail in ballots, are they going to be fake? Or, is it easier to fake a vote for one person or another? Versus, what are people's healthcare concerns about showing up at the polls? Their right to vote, how is that stymied by this pandemic and how do we address that? Nevada decided to do all mail in voting. In fact, nobody can show up to the polls. And that was challenged in court, on the voter fraud basis, and ultimately overruled. And so Nevada, as of now, is going to have all mail in voting. There are cases that go the other way too, for different reasons. For example, in Wisconsin, they extended the date by which you can vote during a primary by six or seven days. And that case went all the way to the US Supreme Court. And the US Supreme Court ended up reversing the district court decision and saying, "Nope, you can't do that, Wisconsin. You can't extend the voting date." There was a dissent by Justice Ginsburg that had some fair points, but right now, the short answer is there's a hodgepodge of case law decisions. But I think when we get to November, that most states are going to have either no excuse mail in voting, or mandatory mail in voting, and you're going to be able to cast your ballot by mail. Either way, whether you're Republican, Democrat, Independent, Green Party, register to vote and make sure that your vote counts.
Tom Dunlap chats with Rob Wray, founder of Blue Star, a senior care technology company, Lisa Roden, owner of Shadow House Media Company, and Aimee McKinney, CMO of Dunlap Bennett & Ludwig. Topics include what Blue Star does, the legality of content creation, and legal advice for new entrepreneurs.
Listen to today's Minute as we talk about a new rule passed by the labor department last Friday. The new rule revises the definition of healthcare providers that are exempted from the Families First Coronavirus Response Act requirement that was passed back in March. The requirement required any business with less than 500 workers to give up to two weeks of paid sick leave to employees affected by the virus and 10 weeks of partially paid family leave for any working parents to care for children whose school or daycare is closed to COVID-19. The Department of Labor has narrowed the rules and it now includes more people once again. The two big categories that are now included for those workers are any worker who provides diagnostic services, preventative services, treatment services, or other services that are integrated and necessary to the provision of patient care. So more than just doctors or nurses, this now includes staff members who do things like radiology or possibly even receptionists at a healthcare workers office. Previously, the court had said you can't include people like cafeteria workers and people who aren't directly providing healthcare, but this Department of Labor response to that court opinion is sort of bringing those people back in, because the other category of exempted people that the new Department of Labor rule includes are those who are "integrated a necessary for the provision of patient care".
Listen to today's Minute as we look at the puzzling case of the Rubik's Cube. The Rubik's Cube Company brought a lawsuit against the parent of Duncan Toys Company, Flambeau. They asked a court to find that Flambeau infringed their trademark for the Rubik's Cube. Grab your coffee and tune in to find out more...
Listen to today's episode as we're going to talk about Epic's Antitrust battle against Apple over Fortnite and developer fees . Grab your coffee and tune in to find out more...
Tom Dunlap chats with Ben Barlow and David Ludwig, both of Dunlap, Bennett & Ludwig, to discuss the dos and don’ts of non-compete agreements. Topics include defining non-competition agreements, COVID & enforcing these clauses and anti-trust criminal statute enforcement.
Listen to today's episode as we're going to talk about how the coronavirus pandemic could impact commercial real estate and cause issues for subleases. Grab your coffee and tune in to find out more...
Listen to today's episode as we're going to talk about a typographical error and font changes that led prosecutors to conclude that a New York man had faked his death to avoid sentencing in two cases. Grab your coffee and tune in to find out more...
On July 3rd, the Washington Redskins announced that it would review its team name after nearly two decades of vigorously fighting legal challenges by Native Americans to keep it. Two registration cancellation actions filed in the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office[1] culminated in Pro-Football, Inc. v. Blackhorse, a decision by a federal district court in Virginia on July 8th, 2015, that the “REDSKINS” name and federally registered trademark was considered disparaging of Native Americans under Section 2(a) of the Lanham Act and therefore not eligible for federal trademark registration under U.S. trademark law. While the Redskins were appealing their registration cancellation decision to the Virginia federal appellate court, a landmark Supreme Court case, Matal v. Tam, held that the disparagement clause of Section 2(a) of the Lanham Act was unconstitutional for violating First Amendment free speech rights when it reviewed a trademark registration refusal by the USPTO of the “SLANTS” mark by an Asian-American music band. Thus, the law on which Native Americans were able to have the REDSKINS registered marks canceled was stricken, and the Redskins managed to preserve the team’s right to register its controversial marks. Enter the force of the market, arguably more significant than the force of law, and the Redskins suddenly have a change of heart. Companies that generate revenue for the Redskins began targeting what matters most to the team – its wallet. FedEx, which owns naming rights to the team’s stadium, announced the night before that it would exit the multimillion-dollar agreement if the team did not change its name. The Redskins were also under pressure from other big sponsors and resellers of its merchandise that featured their registered trademarks, including Amazon, Walmart, Nike, and Target, all of which stopped carrying the team’s merchandise. The monetary pressure mounted to the point where Dan Snyder, the team owner, was forced to wave the white flag. The team had maintained its controversial Redskins name since it was initially adopted in 1933. However, on Monday, the NFL’s Washington team officially announced that it would abandon its name and its 1970s-era logo, depicting the profile of a Native American man. Following the team’s announcement that it will abandon its name, speculation on what the new name will be has run rampant, and so have new trademark applications for possible names, similar to the situation discussed in our April 23rd, 2020 blog article entitled “Everybody “COVIDS” a CORONAVIRUS Trademark Registration But It’s Not That Easy.” A review of trademark applications demonstrates that McCaulay, an Alexandria, Virginia, realtor, has attempted to register trademarks on eight different Washington-themed names, several of which have new applications filed this month. McCaulay has received registrations for “WASHINGTON RED-TAILED HAWKS,” “WASHINGTON AMERICAN,” and “WASHINGTON FOOTBALL CLUB and he tried to register at least a couple of trademarks as early as 2014.” McCaulay owns pending applications to register ‘WASHINGTON RED WOLVES,” WASHINGTON REDTAILS,” “WASHINGTON MONUMENTS,” “WASHINGTON VETERANS,” WASHINGTON RENEGADES GRIDIRON FOOTBALL,” and “WASHINGTON WARRIORS.” McCaulay’s trademark registrations have made him a target of many football fans who are labeling him a trademark troll. However, as our previous blog in April blog pointed out, “trolling” to own trademark registrations for marks believed to be on the verge of extraordinary popularity has been increasingly trending for some time now and is rarely successful. After the widespread criticism of McCaulay for attempting to appropriate team names expected to be desired by the Redskins and thereby delay their renaming process – despite the Redskins’ negligence in failing to procure alternate names much earlier before being pressured to do so –McCauley has retained a sports attorney who has...
Tom Dunlap sits down with Gerald LeMelle of Dunlap, Bennett & Ludwig about immigration in the time of COVID and what the new executive order means for employees and students alike. We also hear from Natalie Cressey, a Canadian student attending Boston University and how this executive order will impact her.
In the first half of 2020, several significant decisions further shaped the course of trademark law, with rulings from the Supreme Court and circuit courts impacting USPTO proceedings, as described below: Romag Fasteners v. Fossil (U.S. Supreme Court): In April, the U.S. Supreme Court clarified what a plaintiff in a trademark infringement suit is required to prove to be granted a defendant’s ill-gotten profits. Romag Fasteners, Inc. and Fossil, Inc. signed an agreement to use Romag’s fasteners in Fossil’s leather goods. Romag later discovered that Chinese factories producing Fossil products were using counterfeit Romag fasteners and sued Fossil for trademark infringement under 15 U.S.C. § 1125(a). The district court relied on Second Circuit precedent and denied Romag’s request for an award of profits because the jury did not find that Fossil had acted willfully. Other circuits had also required a showing the defendant willfully infringed a plaintiff’s trademark to win a profits remedy. The Supreme Court, faced with the question of whether that categorical rule could be reconciled with the Lanham Act’s plain language, answered negatively. The high court noted that the statute requires a showing of willfulness as a precondition to a profits award when the plaintiff proceeds under § 1125(c), which creates a cause of action for trademark dilution. However, Romag alleged and proved a violation of § 1125(a), a provision establishing a cause of action for the false or misleading use of trademarks. In cases like this, the court emphasized that “the statutory language has never required a showing of willfulness to win a defendant’s profits.” USPTO v. Booking.com (U.S. Supreme Court): On June 30, in a significant win for potential online trademark owners, the Supreme Court ruled that the addition of “.com” to an otherwise generic term could transform it into a protectable trademark. A generic name—the name of a class of products or services—is ordinarily ineligible for federal trademark registration and protection. The long battle between these two parties centered on the USPTO’s conclusion that Booking.com is a generic name for online hotel-reservation services in its rejection of Booking’s request for trademark registration. The USPTO urged the Supreme Court to adopt a bright-line rule, arguing that a generic term adorned with “.com” should always be unprotectable. However, the justices were left unpersuaded by the USPTO’s exaggerated monopoly concerns and instead adopted a more flexible approach based on consumer perception. The court held that a term styled “generic.com” is a generic name for a class of goods or services only if the term has that meaning to consumers. Here, because “consumers do not in fact perceive the term ‘Booking.com’” as a generic name for online hotel-reservation services, the company was able to secure a landmark victory that will likely incentivize more online companies to apply for federal trademark protection. Molson Coors v. Anheuser-Busch (Seventh Circuit): Early in 2019, after Super Bowl LIII, Anheuser-Busch advertised that Bud Light is made using rice while making fun of Miller Lite and Coors Light for using corn syrup. Molson Coors responded by filing suit under 15 U.S.C. §1125, alleging that Anheuser Bush violated the Lanham Act by implying that a product made from corn syrup also contains corn syrup. The Seventh Circuit rejected those claims, noting that Molson Coors identifies corn syrup as an ingredient in Miller Lite and Coors Lite. Although Molson Coors insisted that a list of ingredients differs from what the finished products contain, the court said that “common usage equates a product’s ingredients with its constituents” and even “some of Molson Coors’s managers testified that a beer ‘contains’ what’s on the ingredients list.” Because Molson Coors chose a word such as “ingredients” with multiple potential meanings, the court ruled that it “brought this problem on
Today we're going to talk about the TCPA and a new ruling from the FCC. The Federal Communications Commission, the FCC has just approved two new safe harbors from liability for blocking unwanted robocalls. This is good news for consumers. As phone companies step up and try to block unwanted robocalls and illegal robocalls, this provides a safe harbor for those phone companies so that they don't get in trouble for blocking calls. That they shouldn't be blocking. The first safe harbor, which is the simplest one allows phone companies to use "reasonable analytics, including caller ID authentication information to identify and block illegal or unwanted calls from liability." The TCPA,the Telecommunications Privacy Act, prohibits robocallers from making calls to you if you don't want them, and if they don't have your consent. Consent usually has to be in writing and signed by you electronically (click to agree counts). The illegal robocalls could subject the company that's making the calls to TCPA liability. This new act gives phone companies safe harbor from lawsuit on either side, as long as they "use reasonable analytics." For example, including caller ID to identify and block illegal or unwanted calls. The second part of the act safe harbor says that "It protects providers that block call traffic from bad actor upstream voice service providers that pass illegal or unwanted calls along to other providers when those upstream providers have been notified, but failed to take action." In other words, if an upstream provider is making unwanted robocalls, the phone company, if they've been notified, that's a bad actor can stop receiving calls from that company in the phone lines for the consumer.
Tom Dunlap sits down with Tracy Pearson and Rolando Diaz of Dunlap, Bennett & Ludwig to discuss the unique aspects of the Delaware court system. Topics include the advantages of incorporating in Delaware, local counsel in Delaware, the Delaware bar process and advice for those looking to incoporate and practice in the state.
Today, a little bit of the lighter side of law. We're going to stay away from COVID. A federal judge dismissed a putative class action over Nestle Toll Houses Premier White Morsels. What happened here? Well, plaintiff's, a class action group, brought a lawsuit saying that Nestle's Toll House Premier White Morsels didn't actually contain chocolate. And that using the words white and premier, even though the product didn't contain cocoa or cocoa derivatives was deceptive to consumers. The district court judge said that Nestle doesn't even say the word chocolate on their label and they say Premier White Morsels and the word white alone, or morsel doesn't necessarily imply chocolate and nobody's deceived by this.
Today, we're going to talk about COVID and coronavirus in the trademark world. Whenever there's a big news story or something that just entices the United States population, and in this case, the globe, in this case, it's coronavirus and COVID, and COVID-19, these are new terms that we've never heard before. And there's a huge misconception among the public that if you register something at the USPTO, you own it, and so there was a massive rush. I think more than 200 trademarks were filed since December 19th containing the words COVID or coronavirus. A couple problems with that, registering a trademark has to be associated with something that is sold in commerce, goods or services. Now, most of these trademark registrations are clothing registrations. So if you register something COVID and you put it on the front of a piece of clothing, that's not doing what trademarks do. That's an ornamental use of the mark. So key here, and this is just a good lesson for everybody out there, is trademarks identify the source of the goods. So the easiest way to think about it is if you look at that shirt that says COVID on the front, if it doesn't say COVID in the label, and that's not the brand of the shirt, or doesn't say the COVID Company on the bag or the COVID line of clothing, then it's not identifying the source or origin of the goods. It's an ornamental use of the trademark or brand. And so that's a mistake that was probably made in about 80% of these 200 plus new trademark applications. The other challenge they're going to face, obviously with so many trademark applications in the same space with similar names is a likelihood of confusion issue. So I suspect that of these, most of these trademark applications are going to be rejected resulting in thousands and thousands of dollars of loss to the people who filed them without looking into the whole trademark thing. My advice for today is before you file a trademark application, do your research and maybe talk to a good lawyer. For more information check out this DBL blog: https://www.dbllawyers.com/everybody-covids-a-coronavirus-trademark-registration-but-its-not-that-easy/
Today, we're going to talk about legal issues in the COVID-19 vaccine development arena. A big challenge from a legal perspective is how can these companies get the vaccine to us? Typically when you're developing a new vaccine or anything for use inside of a human being, the FDA under the FD and C Act, the Federal Food, Drug and Cosmetics act, and the Public Health Service Act regulates the development of vaccines and anything that gets injected into your body. And there's a good reason for that and typically it takes a long time. These companies have to go through a series of clinical trials and they have to produce results to the FDA and the FDA has to come back, but there is a provision of the FD and C Act called an EUA, Emergency Use Authorization, and let's see if this happens. For the FDA to issue this EUA, which basically allows temporarily the use of an unapproved product, or an approved product for unapproved uses, the FDA has to go through the secretary of Health and Human Services. And the secretary of Health and Human Services have to first determine that there's a qualifying emergency caused by biological, chemical, radiological or nuclear. And here we've got, I think number one, biological emergency, COVID clearly. Two, the secretary of Health and Human Services has to find out that this agent can cause serious life threatening disease and the secretary then has to determine that for each product it's reasonable to believe that based on the totality of all the evidence available, that the product can treat or prevent the disease caused by this agent, in this case COVID, and that the known potential benefits outweigh the risk. Finally, that there are no other adequate and approved alternatives. So, in short, if COVID-19 is a biological qualifying emergency and the secretary of Health and Human Services finds that a company has produced something that it reasonably believes can help people, then it can issue this Emergency Use Authorization and we will get our vaccine. Let's wait and see what companies come up with, and the FDA comes up with. Hopefully they come up with it quickly. For more information check out this blog: https://www.dbllawyers.com/covid-19-progress-pfizer-inc-s-u-s-trials-for-coronavirus-vaccine/
Tom Dunlap speaks with Phil Schwartz, attorney at Dunlap, Bennett and Ludwig, about what steps to take, shifts to make and liabilities to expect when employer strives for re-open.
Today we're going to talk very briefly about online conferences and the potential loss of intellectual property rights and the risks that you face. In this new day and age of COVID-19 and Zoom conferences, people have been bombing Zoom conferences logging in when they don't have the right to, even password protected conferences get photobombed, like Zoombombed, I guess. First, you might not always know who's in your Zoom conference. So it's a good idea offhand to ask everybody to introduce themselves and make sure that every little shiny group that's on the phone is accounted for. You know who everybody is. If you disclose something in a Zoom conference that's right now a company trade secret or one of your employees does, you could potentially lose that trade secret for good. Second, another thing that is happening in this day and age is people are sharing things online because they can't see each other and that can include inventions. And that might mean an almost instant loss of patent rights if you happen to accidentally publish something to a third party. Be careful about what you do, know who's in your Zoom conferences, and think about using nondisclosure agreements, taking other precautions, especially in this day and age when you can't see people face-to-face as much as you'd like to.
A suspension was sought for a lawyer who lobbed insults at another lawyer during a deposition. It's funny because the lawyer in the deposition itself defended the insults that he lobbed in the civility of his legal practice by citing the President. The conflict started, and this is according to an article in the ABA Journal from May 6, 2020, when an attorney named Cone instructed his client not to answer a question. And the attorney on the other side, a man named Hillison responded to his client that the question had to be certified, which is a process in a deposition where the question can be asked to a judge or a magistrate judge or whoever's handling the case in the courts question can be certified to that judge and the judge can decide whether or not the witness has to answer the question in a deposition. So when Hillison said, "Hey, certify this question, then if you're going to ask it." Cohn replied, "Okay, then certify your own stupidity at this point." Hillison replied, "Counsel, I'm not going to sit here and take insults from you." Cohn replied, "At this point in time, a man who insults on a daily basis, everybody he does business with, has now been elected President of the United States. The standards have changed and I'll say what I want." In another exchange, Hillison began to ask about attorney's fees and Cohn said, "Don't waste your breath," and told his client not to answer. And when Hillison asked again, the attorney Cohn said, "Motion for sanctions. Indicate on the record I'm going to get sanctions against your firm like you wouldn't believe," and then the B word.
Tom Dunlap speaks remotely with Jenn Loges, of One Degree Capital, and Cherylyn Harley LeBon, of Dunlap Bennett & Ludwig, about the newly released SBA guidelines on loan forgiveness.
Today we're going to talk about the power grid. A new executive order from President Donald Trump is going to prohibit United States companies who work in the power grid from buying and putting in electrical equipment that has been made outside of the U.S. Worried about the threat of foreign countries willfully manipulating our power grid with "potentially catastrophic effects", this would present significant risks to our economy, human health and safety and would render the United States less capable of acting in defense of itself and allies. This executive order gives the Secretary of Energy 150 days from now (September of this year) to issue specific rules and identify the countries that are "adversaries", the countries where you couldn't buy equipment from. American companies in U.S. allied countries, companies in U.S. allied countries now will likely have the only opportunity to supply power grid companies with that kind of material and supplies.
Tom Dunlap Chats remotely with Bruce Coombes, CEO of QuickFee about his business, using payment solutions for professional services during the pandemic and advice to aspiring entrepreneurs.
Today we're going to talk about a Supreme Court argument. The first one ever heard by telephone in the entire history of the United States Supreme Court. Due to the COVID-19 pandemic, the Supreme Court heard arguments on May 4th, 2020, in the case of the United States Patent and Trademark Office versus Booking.com. Booking.com says that the term Booking.com should not be considered generic. The United States Patent and Trademark Office, relying on a case from 1888, called Goodyear's India Rubber Glove Manufacturing Company versus the Goodyear Rubber Company. In 1888, the Supreme Court found that adding the word company to a name did not make that name unique and the name company, something generic, plus the word company left the mark generic. Booking.com is arguing that the addition of the.com or.org or something like that to the word booking in this case makes the term registrable at the USPTO. The Supreme Court Justices asked questions in terms of seniority, starting with the Chief Justice, who then acted as a panel moderator for the rest of the justices. Obviously after oral argument at the Supreme Court, the Court takes some time to consider the arguments of both sides and then issue a written opinion. There may be some telegraphing of that opinion based on the questions asked. The government was questioned about why the Supreme Court should rely on an 1888 Supreme Court opinion as opposed to the plain language of the Lanham Act statute on which this case is based. And Booking.com was asked why it needed to have Booking.com, why it was valuable as a trademark when just having the domain Booking.com itself seemed to be quite valuable and in fact many people would go online to Booking.com not knowing that it was the company itself, but just trying to book something.
Today we're going to talk about employers and how they think about reopening as states start to reopen. Virginia's announced something called the Forward Virginia plan, which they'll start to loosen and reopen businesses in stages. California has something similar called the California's Roadmap to Pandemic Resilience. What these plans generally do is reopen businesses stage by stage. As instances of COVID-19 go down, fewer people are tested positive with it, there are fewer hospitalizations. As protective gear becomes more widely available, these states will ease up on their orders, and you can see those plans for those individual states online. Other states like Georgia have taken their own road to this. Georgia's opening rather rapidly. On April 27th, they're going to take the next step, which expanded that to in-store retail services, and dine-in restaurants, and movie theaters. Believe it or not, and it's already past that date now, retail store services, dine-in and movie theaters and shopping malls in Georgia are opening, and there's a lot of controversy there. There's some interstate packs that have come together. New York, New Jersey, Connecticut, Pennsylvania, Delaware, and Rhode Island have formed a multi-state council that's going to work together to reopen their states in a coordinated way. They're obviously geographically proximate. Then, California, Oregon, Colorado, Nevada and Washington announced something similar called the Western States Pact, where they'll collaborate in their shared regional economies to reopen. The same is true in the Midwest where Michigan, Illinois, Ohio, Wisconsin, Minnesota, Indiana, and Kentucky are going to work together to reopen their states. Some things to remember, even after everything's reopened, retail stores are open, movie theaters are open, your bar or brewery that you own is opened, remember to disinfect things frequently. There could be a second wave of COVID-19. Set up social distancing tape or something like that, so that people know where that six foot distance is. To the extent that you can, encourage people to stay apart from each other, encourage people to use curbside delivery and pickup, and try to limit in-person visits to your business for appointments only. Limit walk-in traffic and things like that. Also, another thing that I think a lot of businesses already do, but if you don't do it and you're a small business, think about getting cashless transactions in place. Something like Apple Pay or Google Wallet or something like that. Ways where you don't have to exchange money by hand or touch credit cards or things like that. Cashless is good, touchless is better.
What is a notorious market? It's a term that's used to describe websites and physical marketplaces, both where there's large scale intellectual property infringement, particularly in the copyright and trademark space. Every year the United States trade representative, at least for a few years now, issues it's Review of Notorious Markets for Counterfeiting and Piracy. These are markets that the office has listed that it says harm U.S. businesses by counterfeiting goods either online or physically. Not surprisingly, a number of Chinese markets made the list including Taobao, owned by Alibaba, and DH Gate. But what was surprising was that Amazon made the list, at least Amazon's platforms in Canada, France, Germany, India, and the UK. The U.S. trade representative's report said that Amazon, at least in those country platforms, was not flagging bad vendors or setting sufficient procedures to keep counterfeiters and piraters off of these storefronts.
On today's episode Tom Dunlap has a virtual chat with John Whitbeck of WhitbeckBennett about an array of family issues and solutions during this trying time.
Cherylyn Harley LeBon is a partner and Ithi Joshi is an associate for Dunlap Bennett & Ludwig, practicing out of the Tysons Corner office. NOTE: Please see Part I of DBL coverage of the PPP here [Apr. 24, 2020 Tysons Corner] It took less than 2 weeks to exhaust the PPP allocation of $349 billion. The White House and Senate finalized a second relief package of $484 billion earlier this week to replenish the first round of PPP funding. Unanimously approved pro forma by the Senate, it passed in the House on Thursday, and was signed by President Trump today. The new bill, called The Paycheck Protection Program and Health Care Enhancement Act (“CARES 2.0”) builds on the preexisting CARES Act and will inject more money into the economy to ensure that businesses can meet operating expenses and keep employees on the payroll. Democrats and Republicans were stuck in intense negotiations over what to include in the new relief package. Democrats pushed for a national testing strategy, while Republican lawmakers emphasized the need for Governors and states to take ownership with testing. Democrats insisted on hospital and testing funds, which was agreed to, and $150 billion for state and local governments, which was refused. CARES 2.0 is set to become law in response to the PPP being criticized for supporting large corporations, as franchise restaurants and hotel chains were able to obtain funding more easily than smaller businesses. Newly revised guidance (see link for PPP Loans Frequently Asked Questions as of April 23, 2020) makes it harder for large corporations to access the new round of funding. Under the new relief bill, a business must be able to show that the loan is 1) necessary for survival and that 2) it cannot tap into other sources of funding. Note that most publicly traded corporations have access to markets for additional capital. The Small Business Administration (SBA) has indicated that companies who applied for and received a PPP loan before the rule change can avoid scrutiny by returning the relief loans. Recently, the publicly traded burger chain, Shake Shack, returned a $10 million PPP loan after it made $150 million in stock issuance revenue. Here are the main components of CARES 2.0: $310 billion to replenish the PPP After the SBA was criticized for favoring larger lenders and financially robust business borrowers, $60 billion of the $310 billion must be allocated to federally insured banks and credit unions. Moreover, $30 billion of this $60 billion must go to smaller lenders with less than $10 billion in assets to direct funding to those who have trouble accessing traditional forms of credit. The same forgiveness rules and first-come, first-serve basis will apply to this second wave of PPP.
$60 billion for the SBA’s Economic Injury Disaster Loan program $50 billion must be used towards loans and $10 billion must be used in grants.
$75 billion for hospitals to cover treatments related to the coronavirus and any lost revenue from cancelled, non-coronavirus related elective procedures This amount is in addition to the $100 billion already allocated to hospitals under the original CARES Act.
$25 billion for the development and expansion of coronavirus testing $11 billion will be distributed to states for governors to directly manage and administer testing
Contact your DBL attorney today to see how your small business can benefit from CARES 2.0. As always, DBL is available to support you during these challenging times.
The first three states to delay the July bar exam, California, Massachusetts and New York, and students in all of those states are pushing for something called an emergency diploma privilege. No decision's been made yet, but this emergency diploma privilege would essentially allow graduates of American Bar Association accredited law schools to start practicing law without taking the bar exam due to this COVID-19 and their inability to take the bar exam. New York is right now planning to push the bar exam out until fall as close to Labor Day as possible for example, but it's a big deal because the law students are planning their careers around that bar exam date and their admission. Obviously they can't practice law or do work as a lawyer until they're admitted to the bar, and in order to do that, they have to pass a bar exam. On the one hand, some of the bar exam organizers have pointed out that in many states, 15 to 20 percent of first time takers failed the exam, so admitting everybody to the bar without any kind of examination process is letting people in that probably aren't ready to be led in. On the other hand, students and other organizations are arguing that the students are in a time of unprecedented stress and shouldn't have to go through the bar exam process, and by delaying the bar exam it's pushing off their ability to have a career on time. Basically they're having to wait. It could change the face of the legal market if there is a whole year of, not of people who aren't lawyers because of COVID-19. If that whole year of lawyers is delayed by six, seven or eight weeks, it will change the face of hiring in the legal field for a while. So stay tuned.
On today's episode Tom Dunlap remotely talks to Ross Dunlap and Ben Lepene of Ceres Nanosciences about their technology being applied to COVID-19, Ceres Nanosciences' core technologies, Lyme Disease breakthroughs and advice to Biotech startups.
The 2020 Tokyo Olympics have been pushed off til next year, and the USOC, United States Olympic Committee, has said we're going to still use Tokyo 2020 as our brand and trademark. The same day the US Olympic Committee announced that, a company called Puma registered the trademark for Puma Tokyo 2021. This is interesting. First, there's nothing in their filing or anything that we can find that says they have permission of the US Olympic Committee. The US Olympic Committee has special rights that exceed what every other trademark owner gets into the Lanham Act. There's this special statute 36 USC 380, that gives the United States Olympic Committee the exclusive right to use Olympic. In fact, they were able to prevent a company, an organization called SFAA from using the word Olympic as part of the Gay Olympic Games, even though a regular trademark owner would probably be able to prove the distinction. The Supreme Court of the United States said, "Nope, this special statute gives the US Olympic Committee the right to prevent almost anyone from using the word Olympic in almost any context where it might be associated with sports." As of now, the United States Olympic Committee owns three trademark registrations for Tokyo 2020. They have not applied for a Tokyo 2021 trademark registration, but that's probably because they said they plan to keep using 2020 even after the postponement, but we'll see what happens.
Tom Dunlap brings famously experienced business people, lawyers, accountants, and anyone else in the realm of business to the table to share personal experiences that have shaped their business and to talk about how to handle black letter issues in creative ways. Topics include: Cyber Security, Federal Litigation, Estate Planning, Athletes and Immigration, CCPA, Legal Issues in Making Independent Films, Real Estate and Investments, Political Consulting and Corporate Law.
If you're a patent owner, or patent involved, or if are defending against an infringement case. The three recent precedential decisions from the Patent Trial and Appeals Board are really important things to know about. The overall takeaway is that the board has a lot of discretion now to deny hearing on hearing a case, a PTAB case, if, one, there's prior art that had previously been submitted to the board, or if, two, somebody is making an argument about prior art that the examiner at the US PTO previously considered, and they're not making a statement showing why the examiner erred in considering it incorrectly. And then, three, if there's an upcoming trial with a concrete trial date, you should show a scheduling order. Then Patent Trial and Appeals Board can deny hearing an IPR, because there's a scheduled trial. And because that patent, that prior art, and the issue of invalidity will be resolved at the trial.
https://www.dbllawyers.com/google-vs-oracle-america/ If you’re reading this on an Android, you are holding onto the heart of the ongoing legal battle between the search-engine giant, Google, and Oracle, the computer software company behind one of the most ground-breaking programming languages of the dot-com bubble. The operating system in Android devices contains approximately 11,000 of the 13 million lines of well-known software program, Java. Oracle contests that Google wrongfully used that coding without obtaining proper authorization while Google refutes these allegations. Google attests it did not need authorization because it made “fair use” of the code. The legal quarrel has been ongoing since 2010 steering mostly in Google’s favor. However, appellate courts have allowed enough room for Oracle to push their $9 billion discourse all the way to the Supreme Court. Let’s rewind back to the birth of the disputed intellectual property child, Java. Java was developed by a man named James Gosling along with several fellow engineers at Suns Microsystems in 1995. The program was iconic for developers during the dot-com boom when investments in e-commerce companies exploded, then subsequently crashed in the late 1990s and early 2000s. Java was a much more simple and user-friendly programming language compared to its existing counterparts at the time. It was quickly adopted and is now used for a multitude of programming purposes including games, mobile device operating systems, e-business solutions, and internet programming. When Java was released it was done under an https://opensource.org/licenses (open-source) license. This allows consumers to use or modify the software freely with some general restrictions protected under the license. Rather than locking these valuable ideas away within a single company and potentially limiting its advancement, open-source licensing allows programmers gifted with a kaleidoscope of thinking to further develop the language and create new innovative programs from the original work. So, Google took that idea (or part of it) and ran. The Android operating system was originally produced by the like-named incorporation which was later purchased by Google in 2005. In 2007, the Android we’ve come to know and love was unveiled to the public for the first time followed by its first commercial product launch in September 2008; remember the T-Mobile G1, also known as the HTC Dream? Contained within that device’s operating system were the now infamous 11,000 lines of Java coding. Jonathan Schwartz, who was chief executive of Sun Microsystems at the time, praised Android and wrote a blog piece beaming about the use of Java within the Android Operating system. This blog would later come back to haunt Oracle during their lawsuit. Everything seemed kosher between the two technological powerhouses until Sun Microsystems was acquired by Oracle in 2010. Oracle purchased Sun Microsystems, including its intellectual property, for around $7.4 billion. Following this acquisition, Oracle accused Google of infringing on said intellectual property by using patents and copywritten work without proper authorization by implementing parts of Java into the Android operating system. The 2012 decision fell mostly in favor of Google by deciding that no such infringement had occurred and that Java’s APIs were not subject to copyrights. APIs (Application Programming Interfaces) in layman terms are specifications that allow programs to communicate with one another. As explained by Google’s attorney in their Supreme Court brief, “Without interfaces, your contact list cannot access your email program, which cannot send a message using the operating system, which cannot access your phone in the first place. Each is an island.” Following this decision, Oracle found some traction after a federal appeals court overturned the copyright ruling in 2014 and decided that the APIs were eligible for copyright. Google’s defense...
Today's special COVID-19 podcast summarizes the COVID-19 relief legislation. This is a short and sweet list of the major provisions by the numbers without political commentary. We answer how the new Corona virus relief package is meant to help keep the American economy afloat during the economic fallout that's occurred due to COVID-19.
Today we have another special COVID-19 podcast about the highlights of the COVID-19 stimulus package. We answer what you need to know about the stimulus bill as it stands now including a provision that prohibits businesses controlled by the president, vice president, members of Congress, and heads of executive departments from getting loans or investments from any treasury programs
Today's special COVID-19 topic is about business closures and telework orders from the state government. We answer what is a non-essential business and essential business. Also, listen for tips on implementing telework into your business.
Everybody's concerned about it. Not only has it been declared a pandemic, but it's caused markets to crash and of course now, internet scammers are taking advantage of this. So something for businesses everywhere to be aware of, to warn their employees about right away, something to jump on is this huge instance of coronavirus-laced emails that include everything from keystroke loggers to malware that gets installed on a person's computer. As an example, some of these emails come from what appear to be the World Health Organization with either solutions for the coronavirus or important information and contain an attachment to click on. Other emails contain things that say something like, "Secret cure for the coronavirus," or fake internal emails from the organization's president on the coronavirus. In this current climate, every company is sending out emails almost daily or every other day about the risks of coronavirus and how to stay sanitary and how to avoid catching it and what to do if you want to be tested. This is what these emails are taking advantage of. One of the things that's happened recently, is a DDoSs attack, a denial of service attack on the United States Department of Health and Human Services. Fortunately, their website stayed up throughout the attack, but this happened on March 16th. Be on the lookout for malware. Take all the precautions you normally would. Don't open an email if you don't literally know who it's from. Check the email address in the from line before you open an attachment or an email and make sure that it's got the right domain extension.
Today's special COVID-19 topic is about The Families First Coronavirus Response Act and how it becomes law. The Act provides two key benefits to employees: 1) Emergency Family and Medical Leave, and 2) Emergency Sick Leave. The Act also provides a refundable tax credit benefit to eligible employers. For more information check out the blog here:https://www.dbllawyers.com/the-families-first-coronavirus-response-act-becomes-law/ (https://www.dbllawyers.com/the-families-first-coronavirus-response-act-becomes-law/)
https://www.dbllawyers.com/waco-is-a-great-place-for-patent-owners/ Today, a lesson on patent indefiniteness. A recent ruling from the Federal Circuit has confirmed the Patent Trial and Appeals Board cannot find a patent indefinite, that an IPR and inter-parties review proceeding is limited to the scope of the petition. That's a big deal. Indefiniteness, defined by the United States Supreme Court in a case called Nautilus vs. Biosig Instruments basically held that a patent is indefinite if the language of the claims in the patent fails to inform somebody who's an ordinary skilled artisan, that is a person of ordinary skill in the art, with reasonable certainty about the scope of the invention. In other words, if somebody who is skilled in the art, somebody who's an expert in the field of whatever the patent's in, can't be informed about how much the claims cover, what the scope of the invention is, then that patent claim would be indefinite. It's been confirmed by the Federal Circuit, and the big takeaways here are that probably they'll institute fewer petitions against patents in the future, and probably, big takeaway for practitioners here, is that you may want to think twice about asserting indefiniteness, or rather challenging a patent that you might think is indefinite because the PTAP can't do that, and if you challenge a patent you think is indefinite at the PTAP, and your case is still pending in district court, and you walk away with a loss at the Patent Trial and Appeals Board, that may weigh on you in the district court level. So you may want to save those challenges for the district court.
On this special episode of Blackletter, Tom Dunlap discusses managing business and employee obligations during the COVID 19 pandemic. Topics include: legal obligations, workplace safety, establish an emergency succession plan, and additional measures.
Blackletter travels to Wilmington, Delaware where Tom Dunlap discusses selling and protecting solutions, patents and IP in China with John Panichella, President and CEO, and Royce Warrick, Sr VP and General Counsel of Solenis.
https://www.dbllawyers.com/secure-act-problem-or-opportunity/ We're going to talk about a new law that was signed into effect December 20th of 2019 as part of the end of the year Appropriations Act. It makes it easier for small businesses to set up the so-called Safe Harbor retirement plans, which had been traditionally very hard for them to set up because of the cost. It also allows part time workers to be eligible to participate in employer plans. Before, the law required that you'd be a full time employee. It also pushes back the age at which retirement plan participants are required to take the so-called minimum distributions from their retirement plans. So they used to have to take them at 70 and a half, and now retirement plan participants can wait till 72 before they start taking those distributions. It also allows traditional IRA owners to keep making contributions to their own IRA and thus tax deferring the gains indefinitely. It mandates that most non spouses generally have to take an empty IRA account within 10 years. This could cause heirs to certain estates to get more income tax earlier on, and it could also defeat some planning that parents may have had in place for adult children where their adult children were to only get income or to get money from the estate over time. Finally, the Act also allows 401k plans to finally offer annuities. If you have an IRA, particularly, it significantly changes how you're allowed to leave that IRA to your heirs. And if you have a small business, it can provide a huge number of new opportunities for you when it comes to planning for retirement and providing benefits for your employees.
Today a little bit more lighthearted subject. The USPTO has struck down a company called Adco's attempts to register a trademark for Trump-it, that also featured a series of design marks that included what is clearly the President's iconic hairstyle embedded in the brand mark. The USPTO essentially said it didn't have permission from President Trump. They need permission of the person who they're clearly associating with. Not only did they file the mark, they spent money appealing the mark to the Trademark Trial and Appeal Board and their argument was that it was unconstitutional of the USPTO to deny registration of the marks on grounds of free speech. The USPTO came back saying that Adco had erred in treating federal trademark law as something that limits the universe of marks eligible for the benefit of federal trademark registration, as akin to direct restrictions on speech.
Today we're talking about coronavirus, the worldwide epidemic that has shut down a nation. China, after being on the Chinese New Year for an extended period, had that new year unexpectedly extended with the outbreak of the coronavirus in Wuhan Province of China. It had a trickle up effect in that a number of factories from Apple, to Toyota, to Honda, to Airbus have all had to shut down as a result of the Chinese government's direction that they can't go to work. Despite all of that, some good news. There were reports that Toyota, and Foxconn, and some of the other big manufacturers... are reopening amid what has Singapore's government worried about a recession, Germany worried about a recession. Lots of countries and businesses hugely affected by the coronavirus and the inability to get goods out of China, the second largest manufacturing economy in the world that essentially went from what is annually a really slow period, the Chinese New Year when everybody kind of hibernates, straight into coronavirus.
John Whitbeck joins Tom Dunlap to speak about consulting and law in the political campaigning world. Topics discussed include general consulting to a campaign, primary structures, fundraising as a political candidate, complying with finance laws, campaign fundamentals and much more. Grab a cup of coffee and take a listen as we dive in.
https://www.dbllawyers.com/services/litigation/defamation/ Today we're going to talk about Kesha and Dr. Luke. Kesha, that famous singer who sings the song, the Warrior, was ordered to pay $373,000 to a man named Dr Luke in a defamation lawsuit. The case was about a text message that Kesha sent to Lady Gaga claiming Dr. Luke had raped Katy Perry and the court found that it was defamatory. Katy Perry had said that she was never raped and therefore that sending that text message was untrue and therefore the court found it was defamatory. Why is it defamatory per se? Well part of it has to do with the courts finding that Dr Luke is not a public figure and therefore there wasn't a standard of actual malice required. Now, quick, short and slightly shallow dive into the tort of defamation. A lot of people actually get this confused and I get asked a lot about defamation by business people and non business people, particularly as it has to do with online statements. So defamation is essentially a civil tort. Anytime one person makes a statement, whether it's written or oral or even a gesture that falsely debases someone else's character, they've potentially committed the court, the tort of defamation, and that other person who is debased or defamed or injured potentially has a defamation claim. These statements have to be presented as fact and it has to cause injury or damage to the person that the defamation is about. A lot of people get this confused with opinion. It's important to note the difference between opinion and defamation first. Second part of defamation is intent and that's what is at play here in this. This Kesha/Dr. Luke case. The statement has to be made with a certain kind of intent, either with the knowledge that at the time the statement was made, you knew it was untrue or you made the statement with what's called a reckless disregard for the truth. If you are a private citizen and not a public figure, the statement can also be false and it can also be a defamation tort if it was made negligently. Slander is technically when you make a statement orally, defamatory statement. Libel is technically when you write something down. So if you put it on Facebook, it's libel. I think in this day and age of social media and internet and viral videos, that slander quickly turns into liable as things get published very quickly. Something to remember as you're out and about, and as you make statements, publish articles, and write about other people, make sure what you say is true and that it's not done with a reckless disregard for the truth.
Tom Dunlap sits down with Blake Fellows of Fellows Financial Group & Marie Henderson of MarieHenderson Group to discuss business and real estate planning for athletes. Topics include athletes and property ownership, advocacy, and pertinent financial advice to avoid falling trap to predators.
https://www.dbllawyers.com/resolving-a-security-clearance-revocation/ Resolving a Security Clearance Revocation Although no one has a right to a security clearance, to revoke a clearance, the government must follow good due process requirements for the revoking and denial of a security clearance. A security clearance allows a party to have access to classified information. Security Clearance Legislation Executive Order 12968 sets forth the minimum due process requirements for Federal employees. If a clearance is denied or revoked, a detailed written explanation of the reason for the decision must be provided. It requires that any documents upon which the decision based be disclosed upon request. It details the employee’s right to counsel and a reasonable opportunity to reply. It requires that written notice of the denial or revocation be served. It also requires that the employee is given a chance to appear before an adjudicative authority other than the investigating entity. Executive Order 10865 spells out due process requirements for federal contractors. It provides for notice of the reasons for the action, an opportunity to respond, the right to a hearing and the right to be represented by counsel. Understanding Security Clearance Stipulations Understanding why a clearance is denied or revoked requires an understanding of the guidelines that must be adhered to. Some of the guidelines are as follows: Allegiance to the United States. The contractor or employee cannot belong to a terrorist group, or advocate an overthrow of the U.S. government Foreign influence. The contractor or employee cannot have an association with foreign citizens or interest with a foreign business that potentially could coerce that person into interests contrary to the United States. Foreign Preference. The contractor or employee cannot act in such a way as to indicate a preference for a foreign country over the United States, service in a foreign military or accept scholarships or pensions from a foreign country. Sexual behavior: The contractor or employee cannot engage in criminal sexual behavior. Personal Conduct. The contractor or employee cannot refuse to cooperate with the clearance investigation. Financial Considerations. Unexplained wealth, participation in white color crime and the failure to meet financial obligations are all reasons for denial or revocation. Alcohol consumption. The contractor or employee must not engage in alcohol-related incidents, both at work and away from work. Drug use. The contractor or employee cannot use illegal drugs. Emotional, mental or personality disorders. Any condition that may indicate a defect in judgment is cause for denial or revocation. Criminal conduct. The contractor or employee cannot engage in criminal conduct.
Although not an exhaustive list, the aforementioned are the most egregious activities that the government will look at while deciding a denial or revocation. Defense of these investigations is crucial to overcoming them. The best way to protect your business is to avoid these activities. However, there are times when your employees can hide their record of such activities. Then your business suffers. The attorneys at Dunlap, Bennett & Ludwig are experienced in all aspects of security denials and revocations. We can also assist in responding to investigations and appear at all hearings on your behalf. Applying for a security clearance? We can assist in completing the Questionnaire for National Security Positions. Your case will be handled with discrete, careful representation designed to protect your company and contracts. If you have encountered a denial or revocation, call our team at (866) 755-8745.
https://www.dbllawyers.com/creditor-claims-asserted-through-probate/ When a loved one dies, they will likely leave debt of some sort. If the death was unexpected, the debt can be a tremendous burden on the estate. A probate attorney can help resolve debt in a way that favors the heirs. Like a bankruptcy, probate has deadlines that dictate how and when a creditor’s claim must be filed. Each debt must be treated separately. Deadlines will extinguish some of these debts, but not all. A probate attorney can help you determine which debt might be extinguished using probate deadlines. The first defense against creditor claims is providing notice and seeing which creditors respond in a timely fashion. Many simply fail to meet the basic deadline. Creditors who do meet the deadline frequently fail to provide basic documentation supporting the claim. As such, a demand for documentation, including a deadline for response, starts the clock and opens the door to the rejection of the claim for cause. Many creditors do not follow-up on either the documentation or the rejection of a claim for cause. If the creditor does provide documentation and verify the debt, a probate attorney can work to negotiate the debt down. Once a valid claim has been submitted, the administrator can accept the claim, or the attorney can force the acceptance of partial payment based upon the size of the estate. Most creditors do not want to wait until after all priority claims have been resolved in order to collect the money owed to them, and are typically willing to negotiate with a probate attorney and give deep discounts in order to receive immediate payment. It is possible to achieve discounts in creditor claims when a probate attorney is hired to represent the estate and negotiate the debt. Creditor claim reductions can save an estate a substantial amount of money, which ultimately results in a higher amount available for distribution to the heirs.
Tom Dunlap chats with Kurt Klaus and Mikail Chowdhury about legalities within the film industry. They explore topics such as legal challenges in film, early film development and investors, and major takeaways from a legal standpoint in film production.
https://www.dbllawyers.com/responding-to-a-2d-likelihood-of-confusion-rejection-by-the-uspto/ This is a complex issue that may be difficult to overcome. Because this is the case – while you have the option to file a response yourself, we recommend contacting us and speaking to one of our experienced attorneys – which include form USPTO examiners with decades of experience. To learn more, please continue reading below. A “Section 2(d)” or “Likelihood of Confusion” refusal will issue if the Examining Attorney feels that there is a likelihood of confusion with a prior-filed trademark registration. Two marks do not need to be identical in order to cause a likelihood of confusion, nor do they need to be used in connection with identical products or services. If the marks are too similar and are being used in connection with related products or services, the Examiner may find a likelihood of confusion. The inquiry is therefore highly subjective and reasonable minds often will differ about whether two marks are confusingly similar. In order to overcome a Section 2(d) Office Action, you need to submit a defense of your mark that analyzes all of the relevant likelihood of confusion factors as they apply to the marks at issue. The issue is not whether the two (or sometimes more) marks or the goods or services offered are likely to be confused but, instead, whether there is a likelihood of confusion as to the source or origin of the goods or services because of the marks used on or in connection with the goods. The degree of how related makes are in this context is viewed in light of all the factors under a case called In re E. I. du Pont de Nemours & Co. Courts have looked at these factors in different ways and this allows a creative attorney who is experienced and familiar with a host of different case law to make the right argument as to why registration should be allowed. Two very important points with respect to the duPont factors: First, not all of the factors are relevant in every case, and second any one of the factors may control a particular case. The two main factors – that apply in every case are: The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression, and The relatedness of the goods or services as described in the application and registration(s).
The other factors that might be relevant are: The similarity or dissimilarity of established, likely-to-continue trade channels. The conditions under which and buyers to whom sales are made, i.e., “impulse” vs. careful, sophisticated purchasing. The number and nature of similar marks in use on similar goods. The existence of a valid consent agreement between the applicant and the owner of the previously registered mark.
There are other strategies as well. If you would like an analysis of your likelihood of confusion rejection by the USPTO, https://meetme.so/tgtmoa (click this link to schedule a call or request a written analysis). Our attorneys include former USPTO trademark examiners with decades of trademark experience.
https://www.dbllawyers.com/building-and-maintaining-brands-through-social-media-even-youtube-has-a-youtube/ Today’s marketplace is ever-expanding – and no I’m not just talking about Facebook Marketplace- although Facebook does, certainly, have an expansive position and a plethora of amazing deals. Instead, I mean the B2B (“business-to-business”) and B2C (“business-to-consumer”) marketplace at large, i.e., where the interchanging of ideas, goods, and services occurs. It is in this marketplace where brands, such as Facebook, work hard to live, and learn, and grow, … all to consciously rise above the din (… or not). Now, add in social media, … and it is fair to suggest that marketing, itself, has hit a revolution. In fact, brand marketing departments must deploy increasingly varied and complex strategies via social media just to keep their brands relevant, … never mind using social media as a tool to “rise above the din.” Digital platform short-form branding videos are often key to social media marketing strategies- especially as conventional TV viewership continues to dwindle (ergo a diminution of conventional TV ad importance) and web browsers provide ad-block. Clear examples, …? Okay. Many brands and brand parents now have their own YouTube channels containing hundreds if not thousands of short-form videos (… that’s right, … I said thousands of videos, …) that garner millions and millions of views. Consider Under Armour’s YouTube channel with (at the time of this writing) 224,000 subscribers and 610 videos. Then there’s Lockheed Martin with 255,000 subscribers and 1,155 videos. Even YouTube has a YouTube channel, with 29,200,000 subscribers and 308 videos (… YouTube has a YouTube channel, …). Meaningful branded videos published via digital platforms such as YouTube, Instagram, Facebook, and the like are growing more and more indispensable, so, … brands are either joining in or else falling behind. Unfortunately, it isn’t cheap to both keep up with competitors and take full advantage of social media platforms. Something has to give. So, … it seems traditional schemes for video production are giving way to modern necessity. To control related costs of publishing ever more video assets direct to digital platforms, marketers increasingly turn to “small-house” producers (e.g., direct to digital production companies that are less expensive alternatives to full-service production companies), influencers, and in-house produced content to handle video content supply requirements. While this shift in methodologies supports agile brand marketing opportunities, there likewise arise concerns: e.g., ensuring the brand’s in-house or “small-house” handlers have commercially vetted production-related process, risk, and rights in order to actually use the content as produced with no, or at least acceptable, business risk. One would think if a brand develops creative and produces online content based on that creative, the brand should be able to use that content with no problem. But, that’s not always the case, if the intellectual property rights associated with the media content haven’t been properly secured. A few recent examples quickly come to mind: (i) Peloton was sued for music copyright infringement involving its use of songs in workout videos, with plaintiffs seeking hundreds of millions of dollars in damages, (ii) Sandra Bullock and Ellen DeGeneres have sued websites over misleading ads and fake online endorsements, and (iii) Ariana Grande has sued Forever 21 and Riley Rose (brand) alleging misappropriation of Ariana Grande’s name, likeness, and music. No one wants to be unable to use their own creative, or possibly face expensive litigation in order to find a resolution. In the end, building, maintaining, and featuring brands by employing short-form videos or any other audiovisual or musical work or unowned or uncontrolled right, especially in an evolving marketplace, requires brand owners and brand employees
Tom Dunlap sits down with Daniel Davis of Dunlap, Bennett & Ludwig to unpack the regulations behind CCPA and Cal OPA and how to comply.
https://www.dbllawyers.com/dunlap-bennett-ludwig-settlement-among-top-10-most-influential-patent-market-developments-in-2019/ [12.31.2019 Beijing] Today, IAM Magazine, a publication that focuses on intellectual property (IP) from the business perspective, produced a list of the Top 10 Patent Market Developments of 2019. Among the events listed was recent settlement of Dunlap Bennett & Ludwig client, Advanced Codec Technologies (ACT), a United States licensing company or US Non-Practicing Entity (US NPE), headed by Beijing partner Erick Robinson which became one of the largest patent litigation settlements in the history of China, and certainly the highest for an NPE. What happened? Six patent lawsuits were filed in the Nanjing Intermediate Court for ACT against Xiaomi, a cell-phone production company in China, in early 2019. At issue were six standard-essential video compression patents. This settlement involved costs in the high seven figures (in USD). Why was this case significant? IAM Magazine determines this case as noteworthy because the patent owner is a United States NPE asserting in China against a large Chinese-domestic company and received a win. Not only that, but this is a case in which an American company as a patent owner is litigating against a Chinese company amid a massive trade war between the US and China. An additional significance was the fact that the patents were standard-essential patents, which typically are very complex to litigate and require more time both pre- and post-filing. Just to add to the magnitude of this case, all the patents were nearing their expiration date meaning that there was no threat of an injunction. It was about money damages only. This proves to be great for the Chinese patent enforcement system, which over the past few years has emerged as a top patent litigation forum. By Erick Robinson Robinson is Dunlap Bennett & Ludwig’s lead partner in Chinese Patents & Litigation based out of Beijing. Working with Mr. Robinson in the case for DBL were partner Dragon Wang, senior associates Bing Wu and Tianqi Yu, and associates Yannan Li and Ada Liu.
This last year Blackletter has invited a wide selection of CEOs, corporate counsel and entrepreneurs to the podcast. Recording in studio and on location, Blackletter is bound to inspire with unconventional business wisdom and educational interviews. Topics include law firm management, national and cyber security, business start up, employment law, the alcohol business and more! In today’s post leave which episode you loved best and also subscribe to be part of this community in 2020!
This Monday we take a look back at the biggest copyright cases of the year. Fourth Estate vs Wall-Street.com My favorite, the Fourth Estate versus Wall-Street, finally ended a split in the circuits. It used to be that the case really depended on where your copyright case was happening as to whether or not you could bring it before you got a copyright registration. That Supreme court ruling in Fourth Estate versus Wall-Street finally ended that circuit split. The U S Supreme court said in March that copyright owners must wait for the copyright office to give them the green light to sue. That means your copyright now must be registered. So copyright registration, more important than ever, before you can file suit. Do it early, do it often. Good rule for copyright registration. Rimini Street vs Oracle Another big decision was Rimini Street versus Oracle. That case said that costs, and again, this was a Supreme court case, unanimous decision written by Justice Kavanaugh, followed by the entire Supreme court, said that costs in a copyright case include attorney's fees but don't include these massive expanded costs that happened in the Rimidi case. $12 million, which included things like E-discovery and expert witness costs. Marcus Gray vs Katy Perry Another big decision I thought was kind of fun was the Marcus Gray versus Katy Perry - Joyful Noise case, which is on appeal. A jury verdict found that Katy Perry had infringed Joyful Noise. Dr. Seuss Enterprises vs ComicMix Dr Seuss enterprises versus ComicMix addressed mashups and mashups is something that's I think we're going to see more of soon because in this decision, they said it was fair use. In other words, it was allowed for the company ComicMix to create a version of a Dr Seuss book because they had transformed the comic book efficiently. Silver Top Associates vs Kangaroo Manufacturing In August, the third circuit cited the Star Athletica case, a Supreme court 2017 ruling when it said that this company Rasta Imposta, which had a copyright on its banana costume, could block a rival company called Kangaroo Manufacturing from selling a look alike costume. The court said, Rasta Imposta established a reasonable likelihood that it could prove entitlement to protection for the veritable fruits of its intellectual labor.
Tom Dunlap chats with Dusty Gwinn, Gerald LeMelle, and Ken Harvey about athletes and immigration law.
A new United States Supreme court decision from December 11th, 2019 changes how corporate counsel, business owners and attorneys, the United States over, can consider and deal with defending their patents and trademarks against the US PTO. In other words, if the rule right now is if you appeal a decision of the US PTO in a trademark case, the US PTO can collect its attorney's fees from you if it wins the case. If you appeal a decision from a patent case. The rule prior to December 11th was that the US PTO at least asserted that they could collect their attorney's fees. The Supreme court took this case up. It was Peter vs NantKwest, Inc. and they based their decision to ask for attorney's fees on section 145 35 USC 145 of the patent act, which says that the US PTO was entitled to collect all of the expenses of the proceeding. So that's win, lose or draw. The US PTO claimed that it was entitled to collect fees. What was partly interesting about the NantKwest case, it's the first time since 1839, 174 years, that the US PTO has asked for attorney's fees in this kind of case. Clearly they were looking to shift what was going on and they wanted to start making this a revenue generator for them at least recover their costs as part of their governmental function. The outcome of the case, the Supreme Court decided that the US PTO could not collect its attorney's fees and this is a big shift because I think it also affects the current state of the law with respect to appeals of trademark matters
What liquor license do I need? If you would like to start a new business, or currently have one, and want to involve the sale of alcoholic beverages in your business it is important that you learn about the many types of alcoholic beverage licenses. Every state will have its own laws for the sale of beer, wine, and liquor. You must apply for the correct alcoholic beverage license, also known as a liquor license, in order to legally sell or distribute spirits, wine, or beer. The following is an explanation of the types of liquor licenses you may need. For help with applying for your alcoholic beverage license, contact our liquor licensing attorneys at Dunlap Bennett & Ludwig. Picking the Right Alcoholic Beverage License Each state has an alcohol beverage control office that has ruling over the licensing and order of alcohol distributors and producers for that state. The Alcohol & Tobacco Tax and Trade Bureau controls it at the federal level. What you will need when it comes to a liquor license will depend on your state. It is important that you check your state’s laws and speak with a licensed attorney for help putting in an application for your license. In Washington, D.C., alcoholic beverage license types include: Manufacturer: A business that makes wine, spirits, or beer; Wholesaler: A business that sells an alcoholic beverage to other ABC licensed businesses for resale; Off-premises retailers: Retailers who sell alcoholic beverages for drinking off their property only, this could include online sales; On-premise retailers: Retailers that sell alcoholic beverages and allow drinking on the licensed property. This can include restaurants, bars, hotels, nightclubs, etc.
These are just a few of the possible types of alcoholic beverage licenses that you may need. The different licenses are given by class, and your license type will decide the kind of alcoholic beverages you can sell. License classes in Washington, D.C. include: Off-premises Retailer Class A: Allows a store to sell beer, wine, and spirits for drinking off property; Off-premises Retailer Class B: Allows only the sale of beer and wine for drinking off property; On-premises Retailer Class C: Allows the sale, service, and drinking of spirits, beer, and wine at a restaurant, bed and breakfast, nightclub, tavern, and multipurpose location, with licenses, explained more by the type of business.
Searching for the right liquor license for your business can be a long and sometimes challenging process. Speaking with liquor licensing attorney is always helpful. They can also look to see if you are following all state and federal alcohol laws correctly. Learn more about liquor licensing by clicking here.
Estate Planning Tom Dunlap sits down with Rhonda Miller and Sarah Aviles to chat about estate planning and some things you want to avoid.
Parts of today’s online business and technology market rely on operating websites with two characteristics: (1) making access to data available to the general public and (2) protecting that data from web scraping. Website owners and web scrapers will want to watch hi’Q Labs’ litigation against LinkedIn Corp. to see if these two characteristics are, in fact, compatible, something placed in doubt by the United States Court of Appeals for the Ninth Circuit in HiQ Labs, Inc. v. LinkedIn Corp., 2019 U.S. App. LEXIS 27107, ___ F.3d ___, 2019 WL 4251889 (9th Cir. Sep 9, 2019). In hiQ Labs, the Ninth Circuit narrowly interpreted the meaning of “without authorization” in the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, to deny LinkedIn’s appeal of the District Court’s preliminary injunction forbidding LinkedIn from preventing hiQ Labs from scraping LinkedIn servers for publicly available information. In apparent contravention of LinkedIn’s User Agreement, hiQ scraped the profiles of LinkedIn members for information that was viewable by any member of the general public. HiQ did not scrape the profiles of those LinkedIn members whose privacy settings precluded access by the general public. HiQ used the scraped information to produce “people analytics” it sold to businesses. LinkedIn was likley aware of this activity because LinkedIn personnel had attended hiQ events selling its product over several years. When LinkedIn developed a competing product, however, it sent a cease-and-desist letter to hiQ claiming the scraping activities violated LinkedIn’s User Agreement. LinkedIn also took technical measures to prevent hiQ from accessing its website and warned hiQ that it risked violating the CFAA if it continued scraping. Claiming a right to scrape and copy publicly available information, hiQ sued and obtained a preliminary injunction prohibiting LinkedIn from denying hiQ access to the information in LinkedIn profiles visible to the general public. LinkedIn appealed, arguing in part that given the cease-and-desist letter, hiQ would violate the CFAA provision against intentionally accessing a computer without authorization to obtain information from a protected computer. The Ninth Circuit disagreed. The Ninth Circuit noted that authorization is “an affirmative notion” indicating access must be restricted except to those specifically permitted. In order for a website to be accessed without authorization, then, the website’s generally applicable rules require some indication of permission. Since LinkedIn allows anyone with a computer and an Internet connection to access publicly available portions of LinkedIn member profiles, LinkedIn’s generally applicable rule is access without authorization. As a result, hiQ Labs had a strong argument that despite LinkedIn’s User Agreement and the cease-and-desist letter, hiQ’s could access LinkedIn servers to scrap publicly available information without violating the CFAA. The existence of a strong argument was enough for the Ninth Circuit to affirm the District Court’s order granting the preliminary injunction. The Ninth Circuit noted other legal bases might exist to allow LinkedIn to ban hiQ and it was not addressing those. By Robert Eatinger & David Verhey Partners at Dunlap Bennett & Ludwig https://www.dbllawyers.com/when-you-let-everyone-in-stop-is-not-enough/
The International Traffic in Arms Regulations (ITAR) regulatory system should be familiar to you if your company is involved in buying or selling services or goods on the United States Munitions List (USML). If you are manufacturing, exporting, distributing or acting as a broker for defense-related items, goods, or data you must be ITAR compliant. Failure to comply can not only ruin your day – it can kill your business. The purpose of the ITAR is to safeguard the security of the US and its allies by controlling the movement of defense-related goods and technologies. The USML has 21 categories of items covered by the ITAR ranging from firearms to missiles, explosives, and biological agents. Arms manufacturers tend to be fully aware of the ITAR compliance rules, but smaller companies can get into trouble when they deal in “dual-use” items that are not primarily intended for military use. For example, an electronic device that’s designed for civilians may also be used in a piece of military equipment – and could trigger a need for ITAR compliance. What Does “Compliance” Involve? As a first step, your company must be registered with the Directorate of Defense Trade Controls (DDTC). By registering with DDTC, you are acknowledging that you understand all of the ITAR requirements and are compliant. The onus is on you to be familiar with the regulations and abide by them. This includes knowing who you can (and can’t) do business with. Upon registration, you’ll pay a fee and be issued with a license or authorization to deal with goods and services governed by the ITAR. Compliance also means following all the necessary steps to prevent the transfer of USML restricted goods, services and technologies to foreign nationals – either within the US or overseas. This requirement includes any defense articles, defense services, or defense-related technical data. Your data needs to be closely guarded and protected, which can be a real challenge for companies that regularly transfer sensitive information over the internet and store data overseas. What Kind of Trouble Could I Get Into? The State Department is extremely serious about controlling the manufacture and export of items on the United States Munitions List. This list, however, contains many goods, services, and technologies that may not be traditionally classified as “military items”. This includes things like commercial satellites, certain photography lenses, and chemicals used on the civilian market. Most importantly, it’s not just the end product that’s restricted – the ITAR applies to all of the components that went into making the final product. If you are found to be in violation of the ITAR, you can face civil fines of up to $500,000, criminal fines of $1,000,000, and be imprisoned for up to 10 years per violation. Before the DDTC comes calling, talk to an experienced attorney with expertise in ITAR compliance. Determine whether or not your company is dealing with goods or services on the USML. If you do, in fact, provide goods or services on the USML, immediately seek legal advice on how to ensure you’re ITAR compliant. This will include not only registering with the DDTC but also becoming fully aware of all the measures you are required to take in order to stay on the right side of the regulations. When it comes to the ITAR, it’s always better to be safe than very, very sorry. https://www.dbllawyers.com/the-itar-and-you/
Case Study in Federal Litigation (Shoemaker Corporation III) Tom Dunlap sits down with Kevin Shoemaker and Robert Sutton of Shoemaker Corporation III and David Keesling of Dunlap, Bennett and Ludwig to talk about business law on a multi-million dollar court case level.
What Is The Legal Process For Acquiring An Aircraft? There are many legal and tax considerations when it comes to purchasing or selling an aircraft. All airplane related transactions must comply with stringent Federal Aviation Administration (FAA) guidelines. Airplane purchase agreements must be closely reviewed by experienced aviation attorneys and clear title assured before the sale can go through. Our aviation litigation attorneys at Dunlap Bennett & Ludwig PLLC discuss the basic legal process for acquiring an aircraft below. Preliminary Considerations for Purchasing an Aircraft Before purchasing an aircraft, you will want to build a strong acquisition team. Purchasing an aircraft solo through an aircraft sales agent may be setting yourself up for issues because many sellers prioritize their own sale over the buyer’s needs. As a buyer, you will be well served to build an advisory board. Start by selecting a buyer’s agent. Your agent will manage the aircraft selection and handle all communications. You will need a trusted aviation attorney who will ensure the plane has proper documentation and guide the closing. Your team must include a technical inspector who will coordinate the inspection and assess the inspection report, along with an escrow agent to manage funds. Your aviation attorney will further assist you in tax deferment strategies pre and post-sale The Contract and Title Purchasing an aircraft is a costly transaction. As such, you will want to ensure the purchase agreement adequately protects your legal rights. Your aviation attorney will draft a strong purchase agreement that will protect you in the event of technical issues discovered during inspections, title problems, and more. Your attorney will further search the aircraft title to uncover any liens or other defects. Closing and Regulatory Compliance With the purchase contract signed and inspections complete, the sale of the aircraft can move forward. Closing will involve the accumulation of all purchase steps and transfer of funds as well as title. You will need to ensure all FAA regulatory requirements are met, including registry of the aircraft and a current Airworthiness Certificate. During and after the closing, your attorney will further handle all tax matters related to the purchase of the aircraft. The DBL team is comprised of several attorneys who not only have vast knowledge of aviation law but are former military members and experienced licensed pilots themselves. Be sure to contact one of our aviation attorneys to help you navigate the purchase process and avoid any costly missteps and regulatory issues. https://www.dbllawyers.com/aviation-transactions-explored/
The use of social media in every day life is now becoming the norm. The President is well known for using Twitter. Celebrities have adopted it to make announcements, pick fights, or even take political stands on current events. Social media provides the ability to reach a large number of people with short and sometimes loaded comments.
AUSA National Security Tom Dunlap sits down with David Verhey and Robert Eatinger, partners for Dunlap Bennett and Ludwig, and Major General Charlie Fletcher, at the AUSA cocktail part in Washington, DC, and they talk about cyber security and national security and socio economic issues.
Social Media: Personal but also Public The use of social media in every day life is now becoming the norm. The President is well known for using Twitter. Celebrities have adopted it to make announcements, pick fights, or even take political stands on current events. Social media provides the ability to reach a large number of people with short and sometimes loaded comments. The law and business practices tend to be slow to adapt to new technology. An example of this is music streaming. The method of music distribution and how royalties are paid is no longer the same as with albums, CDs, and cassettes. It wasn’t until this year that the 2018 Music Modernization Act closed loopholes in digital royalty laws. Keep in mind that Pandora was founded in 2000 and Spotify, 2006. Social media is also experiencing lags of legal clarity. Legal ramifications of social media posts can be costly. Elon Musk, CEO, of SpaceX and Tesla, posted a tweet that resulted in a $20 million fine and his removal from the Tesla board. On August 7th, while stock markets were still open, Mr. Musk tweeted that he was considering taking Tesla private at $420 a share and that he had secured funding. Does a tweet constitute misleading investors? Previously, Musk was already the target of a complaint filed by the National Labor Relations Board (NLRB). He was accused of violating labor laws when he tweeted on May 20 that he “threatened to strip employees of their stock options should they vote for the union.” Action from this complaint is still pending. Now, with this latest tweet, the Tesla board was unaware of his statement and had not given their approval for its release. The result of this ‘simple remark’, Tesla stock rose 6%. The timing of the tweet and the stock price increase brought about an investigation by the Stock Exchange Commission (SEC). They were interested in whether the tweet amounted to misleading investors and violating federal securities laws. According to the SEC press release, his tweet falsely announced the price and it was a substantial increase from its current price. He had stated that the funding for the transaction had been secured, and only a shareholder vote remained. The SEC alleged that Musk knew that the potential transaction was uncertain and subject to numerous contingencies. He had not spoken to any potential financing partners, and the transaction lacked an adequate basis in fact and that his misleading tweet caused a jump in price and led to significant market disruption. In late September, Musk accepted an agreement to step down as chairman of Tesla and pay a $20 million fine. The settlement, which still requires court approval, will allow Musk to stay as CEO but must leave his role as chairman of the board within 45 days. He also cannot seek re-election for three years. All of this was caused by the simple message of a 61 character tweet. Protecting your business and mitigating errors in judgment To protect themselves, most companies have social media guidelines in place reminding their employees that there is no clear line between your work life and your personal life. Organizations often obtain legal representation to preserve, protect and defend its clients’ business interests and individual rights, reputations, and livelihoods. Providing counsel concerning investigative interviews, subpoenas, search warrants, civil investigative demands, and related allegations of impropriety. A law firm like DBL can provide representation that includes managing matters from the investigation stage through the grand jury process, trial, and if necessary, appeal and collateral proceedings. https://www.dbllawyers.com/social-media-personal-also-public/
Patent monetization is the generation of revenue by selling or licensing patents. Patent applications can be expensive. Independent inventors and small businesses, such as startups, need to spend their money wisely. If small businesses decide to pursue patent applications, the ability to monetize those patents is extremely important. If a small business has a new and unique technology, the upside of investing in a patent can be enormous. There are ways to get a sense of how valuable a patent of the invention would be prior to paying for and submitting a patent application. Prior to submitting a utility application, it is important to acquire a professional patentability search and analysis. The results of the search allow the inventor to assess how crowded the art field is and how unique the invention is. If the art field of invention is crowded and the ability to acquire a patent is dependent on narrow claims, the patent will likely not be very valuable and it may not be in the best interest for the inventor to allocate limited funds on a patent application. If the results of the search confirm that the invention is unique, the patent will more likely have broader coverage, making the patent potentially more valuable. Another important assessment for patent monetization is determining how marketable the invention is. If the invention sells well, the patent is more valuable. However, it is also important to file a patent application as quickly as possible since the patent office awards priority to the invention that is filed first. For inventors with limited funds, a provisional application is viable option. The provisional application is a holding spot in which a filing date is established, and the invention is considered patent pending. The inventor is given twelve months to determine if they would like to file the non-provisional utility application (actual patent application) and claim the filing date of the provisional application. The provisional application is considerably less expensive than a non-provisional utility application. Therefore, an inventor may first file a provisional application and then try to determine how marketable the invention is by either making and selling the invention or presenting the invention to potentially interested parties in an attempt to either outright sell or license the invention. It is likely in the best interest of the inventor to file a utility patent application after determining the invention is unique and marketable. During the drafting and the examination of the application, it is the duty of the patent attorney to acquire allowability for the broadest possible claims of the invention to maximize the value of the inventor’s patent. There are multiple strategies in which small businesses may monetize a patent during its pendency and once the patent has been granted. Patents or patent portfolios may be used as collateral to secure a business loan. The loans provide immediate cash flow, which is important for startups or struggling companies. Typically, banks are the lenders for patent backed loans. To determine the amount of the loan, the lenders will have the patents valuated. Patent valuations are based on the demand of the invention, timing of the demand of the invention, the lifetime of the patent, evidence of use and competition in the market, whether the patent validity has been tested by litigation, and other factors. If the bank provides a business loan using patent(s) as collateral, the amount of the loan will typically range between 10% and 40% of the valuation, due to the uncertainties of a patent valuation. Once a loan has been granted, a security agreement is registered with the U.S. Patent Office and is made available to the public. The security agreement outlines the terms of the loan and specifies that if the loan is not paid off within a certain amount of time, the lender will acquire ownership of the patent(s). Once the loan has been...
The Best of Blackletter: Season 2 in Review Tom Dunlap brings famously experienced business people, lawyers, accountants, and anyone else in the realm of business to the table to share personal experiences that have shaped their business and to talk about how to handle black letter issues in creative ways. Topics include: National & Cyber Security, the Legal Market, Music & Technology, Real Estate, Immigrating to the United States, Protecting Athlete's Investments, Patent Prosecution, Law Firm Management and Commercial Lending.
The number of new trademark filings from international, or non-US companies has increased dramatically in the last decade. Until recently, these international trademark applications were filed with the United States Patent and Trademark Office (USPTO) by non-US based companies through their foreign lawyers or through a corporate representative. However, beginning August 3, 2019, according to the USPTO, all “trademark applicants, registrants, and parties who have a permanent legal residence or a principal place of business outside the United States” must file any United States trademark application through a lawyer based in the United States. While this may seem heavy-handed, the USPTO outlined the reasons for the new regulation. The three goals of the rule are: To ensure the accuracy of submissions to the USPTO To increase customer compliance with federal trademark law To ensure the integrity of the US trademark register
Much of the rule is aimed at combating fraudulent trademark applications from foreign applicants. Another reason comes as a result of a Chinese government’s subsidy that provides a bonus or financial incentive to any Chinese citizen that successfully registers a trademark in the United States. In some cases the Chinese applicants were filing trademarks and either not following through with the application or, even when the marks became successfully registered, they were not then using the trademarks in commerce to sell any goods or services, thus essentially creating a kind of trademark spam on the principal register. US attorneys who are familiar with the trademarks system have a much higher likelihood of avoiding USPTO rejections, and of successfully responding to office actions and rejections from the USPTO. Any foreign company that has filed an application has six months to find US-based counsel to respond to an office action that will issue requiring a US attorney sign and enter a valid US bar number as part of the application. Likewise, any maintenance filings for applications registered before August 3 will also need a US licensed attorney of record. https://www.dbllawyers.com/a-new-uspto-rule-requires-foreign-trademark-applicants-to-hire-u-s-based-attorneys/
Daily Law News by Thomas Dunlap covering the headline: What Men Want Suit - October 8, 2019
Estate Planning: Choosing the Right Trustee It’s not the most pleasant experience to think about one’s own death, but the smart move is to think about what will happen to your estate after your passing and make sure that they fall into the right hands. Whoever your beneficiary may be, if you set up a trust for your assets, you can be assured that your estate will be distributed efficiently as per your wishes within a given time. However, to make sure that this management and distribution of your assets is carried out smoothly, it is imperative that you choose the right trustee. After all, a trust is entirely dependent on the trustee who oversees it. What is the job of a trustee? To put it simply, a trustee is either an individual or sometimes, a financial organization that manages and oversees a trust that a deceased leaves behind for beneficiaries to benefit from. “Managing and overseeing” is a vague term and can encompass many duties or jobs. These may include paying taxes and bills, ensure proper management of investments, taking care of the property, and much more. The most important aspect is that the trustee should always have the best interests of the beneficiaries at heart. It is safe to say that most people can be pretty unaware when it comes to properties, taxes, and financial affairs. They need a lot of guidance and assistance to make the right decisions. So, it is not difficult to see how important the job of a trustee is. What To Consider When Appointing A Trustee As mentioned above, the job of a trustee is not something simple and easy. Not just anybody is qualified to manage your estate, so it’s important that you choose your trustee only after careful consideration. Here are some points to help you out: Make Sure You Choose Someone You Trust Completely It’s not enough that your trustee has the financial and legal knowledge to some degree, they also need to be quick-thinking and have common sense. Managing and taking care of all your assets is a huge responsibility. So, the most important thing is that the trustee is someone you know to be trustworthy, reliable, and responsible. Choose Someone Who Is Of A Sound Mind And Body It is important to take into account that managing a trust can take years. So, only choose someone as a trustee if they are of sound mind and body. Take into consideration their health as well as age, and appoint someone who is likely to live much longer than you. Moreover, they need to be able to make good, reliable judgments. Choose Someone Who Can Commit Their Time It is well-known that managing and overseeing a trust takes time and energy. So, only choose someone if they have the time and energy to spare. They have to be genuinely interested and have in mind the best interests of the beneficiary. Otherwise, not only will it become a burden for them, but it will also affect their judgments, making them more likely to make mistakes with serious consequences. Always have an honest conversation with potential trustees before making anything official. A Family Member Or Relative Is Not Always The Best Option It may be easy to think that family members or relatives are the best choices for a trustee, but this is not always the case. They may not have the knowledge, skills, and expertise required to handle matters smoothly. So, it is better to consider a professional, like an estate planning attorney. Besides, if any conflict between beneficiaries arises, an unbiased judgment can be made by the attorney. https://www.dbllawyers.com/who-to-trust-as-a-trustee/
Daily Law News by Thomas Dunlap covering the headline: IPO Addresses Diversity Gap - October 7, 2019
Daily Law News by Thomas Dunlap covering the headline: Company in deep “do-do” -literally- for not reading insurance policy carefully - October 4, 2019
Daily Law News by Thomas Dunlap covering the headline: Stan Lee Daughter Sues Dads Former Business Partners - October 3, 2019
Everything You Need To Know About Commercial Lending Tom Dunlap speaks with George Cave, senior vice president at Sandy Spring Bank, the leading lender in commercial lending, and Robert Deal a real estate, commercial, and investment attorney at Dunlap, Bennett, and Ludwig. They discuss the intricate world of commercial lending.
Daily Law News by Thomas Dunlap covering the headline: Invisalign Lawsuit - October 2, 2019
Daily Law News by Thomas Dunlap covering the headline: Supreme Court to Weigh In on Trademark Circuit Split - October 1, 2019
The same reason a winery or distillery does. To get to the other side. Every brewer, distiller, and winemaker get that having an amazing name is almost as important as having an amazing bottle of booze, beer or vino. Likewise, the hundreds of breweries, wineries, and distilleries (we just call them collectively “drink makers” in this article – otherwise this will be cumbersome) enjoy coming up with pithy names for each particular beverage. The alcohol industry is one of the few places trademark attorney does not usually have to struggle to explain the value of the brand – sometimes it is even more important than the product! (Kidding? Sort of?) So why then is it often difficult to get across the value of trademark registration? Here is what I think have seen – it’s about what you don’t know. You don’t know what you don’t know. 1. Use is King: Generally whoever was there first – whether they are using the name as a winery, for a bottle of beer, or distillery services is likely going to have the legal ability to keep others out of the marketplace. Once you have done a trademark search and determined that you are ok to use the mark, if you do not file a trademark, you are at risk of losing the right to do so in the future. Even if, for example, you are the first and original user of a trademark, if you only sell regionally and another brewery comes along and decides to file a trademark for a beer label name, they can then exclude you from ever distributing under that brand outside of the geographic area where you originally distributed. (You would have a very limited “concurrent use” right). Filing a trademark however gives you national rights in the trademark, forever as long as you pay the maintenance fees, which after the initial Section 8 and 15 filing, are only due every ten years. This is how Coca-Cola has had the same brand name since the 1800s. 2. Highlander Rule: There can be only one. Only one owner – generally of a name in the highly competitive environment of drink makers. If your brand is the same – or even close the same as any other drink maker’s brand- only one of you gets to keep it and use it. Until you have done a comprehensive trademark search and cleared the name you do not know if you actually have the right to use the brand name for your beer. This means you could be subject a cease & desist letter, and ultimately, a lawsuit if another brand owner takes notice. We send hundreds of these letters out every year for breweries, wineries, and distilleries (and receive them as well). The brand wars are no small thing. Note “search” does not mean “exact match” – more on that below. 3. Investment Value: Having a registered trademark allows the brewery owner to wrap their arms around the IP and create investment value. Every dollar you sink into a brand – whether it is a beer label, a vineyard name, or a distillery tour series – is a dollar potentially squandered if you don’t affirmatively own the brand. As I mentioned above – anyone can come along and either file a national registration either forcing you to change the name or, in the best case cutting off your rights to use the brand outside of where you originally distributed. A registered trademark proves to any subsequent purchaser that you have the right to use the brand. 4. Distribution. Once you file a US mark you then have a right under a treaty (called the Madrid Protocol) to file a corresponding mark in any other country relying on the US application. There are some nuances – but it is a very important right to combine with the US registration. A note about trademark searching… Many of our clients go to the USPTO’s trademark database – Trademark Electronic System Search (or TESS) -, type in their proposed brand name, see “no hits” and think – “Great!” However, the standard is much broader. The owner of a trademark owns quite a lot and, therefore, it is important to understand, at least in part – what a...
Daily Law News by Thomas Dunlap covering the headline: Time Warner’s Patent Dispute with Sprint - September 30, 2019
Daily Law News by Thomas Dunlap covering the headline: Wilson vs. The Clash - September 27, 2019
Daily Law News by Thomas Dunlap covering the headline: Led Zepplin’s Stairway Copyright Battle - September 26, 2019
Daily Law News by Thomas Dunlap covering the headline: Okay to Scrape Data from LinkedIn - September 25, 2019
Daily Law News by Thomas Dunlap covering the headline: Amityville Horror Dispute - September 24, 2019
Employment Law Compliance: Three Tips for Your Company Given that Virginia (and Maryland and the District of Columbia follow the “at-will” principle of employment, it can be tempting for employers in Virginia to think they call all the shots when it comes to hiring, firing and managing employees. That, however, is not always the case and may cause you to inadvertently ignore employment compliance laws. Lawsuits from workers claiming unfair treatment or improper dismissal are on the rise. While the laws that govern workplace practices change on a regular basis, that means now, more than ever, you need to make understanding the rules (and abiding by them) a company priority. Here are three tips: Understand Discrimination and Vet Your Hiring Practices Most employers know that federal laws prohibit discrimination on the basis of age, race, color, sex (including pregnancy, gender identity, and sexual orientation), religion, genetic information, national origin or disability. It’s illegal to fire someone just because he or she is getting too old. Same goes for terminations based on someone’s race, or the fact that a woman is pregnant. Yet many employers don’t give much thought to discrimination at the front end of the employment process. Job postings can leave you vulnerable to charges of discrimination if you don’t pay attention to the language you’re using. Seeking “new graduates” could be perceived as discriminating against older applicants. Looking for a “vigorous” or “energetic” candidate could leave persons with a handicap feeling adversely impacted. Avoid these adjectives and stick to the basic qualifications and skills a person needs to do the job in question. Make sure to also monitor and periodically review both your application forms and job descriptions. You can’t ask an employee to give you his or her date of birth when he or she is applying for a vacancy or ask about his or her marital status or religion. Avoid putting factors in a job description that you don’t truly require. If you create unnecessary barriers, you are at higher risk of liability. For instance, if you say the person must work seven days a week while the essential functions of the job only require Monday through Friday hours, people of various religions may take issue with the posting. Likewise, you can’t inquire whether an employee has a car unless having a car is a job requirement. Think carefully about which qualifications are essential for the position, and only apply those to the job posting. Keep Your Policies in Order Smaller employers without HR departments tend to think they have better things to do than write boring policies and procedures for their employees. If that sounds like your company, you may want to think again. By producing and enforcing personnel policies, you’re achieving two important goals; first, you’re letting employees know that the same rules apply to everyone and that those policies also comply with federal and state employment laws. Secondly, you have a set of documents that you can review and update as things change. Written policies and procedures keep both management and employees on the same page when it comes to performance, expectations and workplace conduct. It’s always a good idea to have an attorney review your policies to ensure that they’re compliant with state and federal employment laws. This gives you the security of knowing that if you follow the guidebook and make sure it stays current, you’ll minimize your exposure to lawsuits from unhappy employees. Document Everything While most employers mean well, many don’t take the time to properly document incidents in the workplace or put a copy in the employee’s personnel file. A verbal warning or reprimand needs to be documented, as do any health and safety violations, patterns of absenteeism, and so on. Document anything that could ultimately lead to termination. If an ex-employee files a lawsuit alleging discrimination, you’ll...
Tom Dunlap speaks with DeAnna Burke and David Ludwig, attorneys for Dunlap, Bennett, and Ludwig about managing a law firm. They discuss about starting up, using different model for managing and operating, challenges, and breakthroughs.
Daily Law News by Thomas Dunlap covering the headline:Willie Nelson Wins Copyright Case - September 17, 2019
What exactly are punitive damages? We’ve all heard of them before, but what exactly are “punitive damages”? According to the Cornell Law School Legal Information Institute, punitive damages are “awarded in addition to actual damages in certain circumstances.” As the name suggests, punitive damages are considered a punishment on top of actual (“provable”) damages. Punitive damages are typically awarded when a defendant’s conduct is found to be particularly harmful. Punitive damages serve to punish defendants for inflicting harms that cannot be easily quantified – harms caused by outrageous, willful, or wanton conduct on the part of a defendant. A judge or a jury typically will determine the need for and amount of punitive damages in a given case. In addition to punishing a defendant, punitive damages are intended to serve a cautionary purpose in society. They send a message about the kinds of conduct that will not be tolerated by society, as expressed by a court of law or by a finder of fact. In this sense, an award of punitive damages is grounded in the theory that the interests of society and the interests of a harmed individual can both be satisfied by requiring a defendant to provide restitution. The McDonald’s Case But punitive damages can be controversial. Faced with the requirement to pay punitive damages, defendants often claim that the damages are excessive, unfair, harmful to their business, or taxing on their insurance policies. Whenever punitive damages are discussed, the famous McDonalds hot coffee case is likely to be a feature of the discussion. In that case, 79-year-old Stella Liebeck was burned by coffee served by McDonald’s at a temperature so hot that she suffered third-degree burns over 16 percent of her body. Ms. Liebeck’s injuries were caused in three seconds. Most restaurant coffee is kept at 160 degrees. At this temperature, third-degree burns will be caused in 20 seconds, giving consumers time to react before a burn develops. McDonald’s coffee was kept at 190 degrees. Nor was Ms. Liebeck the first McDonalds consumer to be scalded by McDonald’s coffee. Approximately 700 other people were injured in similar incidents before Ms. Liebeck was burned. Ms. Liebeck made an offer to settle her claim for $20,000.00. McDonald’s gave her a counteroffer of a mere $800.00. The case proceeded to trial, and Ms. Liebeck was awarded $200,000.00 in actual damages for her pain, suffering, and medical expenses. That figure was reduced to $160,000.00, due to Ms. Liebeck’s slight liability in the coffee burn incident. Ms. Liebeck was also awarded $2.7 million in punitive damages. This figure, too, was reduced – the judge in the case reduced the punitive damages award to $480,000.00. The McDonalds coffee case is a prime example of the controversy over punitive damages. Those who believe the punitive damages award was excessive paint McDonalds, rather than Ms. Liebeck, as the ultimate victim of the case. Whether or not this is accurate, the very notoriety of the case has imposed a check on the system of punitive damages generally. Following the firestorm over the punitive damages award in the McDonalds case, mindful jurors in other cases will likely think carefully about the impact of the figures they choose deciding to award punitive damages. Yet the McDonalds coffee case also serves to illustrate the importance of punitive damages. Ms. Liebeck’s injuries and her ensuing case were the manifestations of a problem that had long gone unaddressed – she was one of 700 burn victims; her cup of coffee was one of innumerable cups served by McDonald’s at a dangerous temperature. The award of punitive damages was perhaps intended to encourage quicker resolution of such issues in the future and deter restaurants from adopting harmful preparation practices. While such damages impose a cost, and while they are not always perfectly calibrated, they are intended to serve the population at large and help society address and...
Daily Law News by Thomas Dunlap covering the headline:Clash of Clans Patent Battle - September 16, 2019
Daily Law News by Thomas Dunlap covering the headline:Track Phone Closes Out 10 Million Dollar Damages Case - September 13, 2019
Daily Law News by Thomas Dunlap covering the headline:STRONGER Patent Act - September 12, 2019
Patent Prosecution: Everything You Need to Know About Patent Tom Dunlap speaks with Kevin Repper and David Ludwig, attorneys for Dunlap, Bennett, and Ludwig about patent prosecution. They discuss important coverage of patent, as well as protecting trade secrets, copyrights, and trademarks.
Daily Law News by Thomas Dunlap covering the headline:Selfie Stick Patent Case - September 11, 2019
Daily Law News by Thomas Dunlap covering the headline:Woodstock Files for Appeal to Trademark Marijuana - September 10, 2019
On May 7, 2019, the city of Baltimore’s networks was infected by malware, malicious software that infiltrates computers, and its systems were locked down. A ransom note was displayed on the city’s computers, demanding payment in Bitcoins to decrypt the entire city’s networks. The infected networks were taken offline, but not before the malware locked down systems including a parking fines database, and those used to pay water bills, property taxes, and vehicle citations. This type of malware is known as ransomware, which the Cyber and Infrastructure Security Agency defines as “a type of malicious software, or malware, designed to deny access to a computer system or data until a ransom is paid.” Ransomware is spread through a number of means, but most commonly through either phishing emails which contain attachments or links with malicious code or visiting malicious websites that have themselves been infected by the malware. Once the ransomware has infected the system it locks or encrypts the entire system or specifically targeted data, demanding that the ransom be paid if the user wants to regain access to its data. Baltimore did not pay the ransom and one month later the recovery process is still ongoing, less than one-third of city employees are able to log into their networks, and many city businesses have been forced to function on paper-based temporary fixes. In a press conference, the mayor stated that the estimated cost of the cleanup would be $10 million. News reports have stated that an additional $8 million was lost because of deferred or lost revenue while the city’s networks were down. Ransomware attacks are becoming more and more common. On April 10, 2019, government officials in Greenville, North Carolina discovered that their networks were infected with the same type of malware like that used against Baltimore. The investigation and cleanup there are still ongoing. Last year, the City of Atlanta was hit with a similar attack and had to spend more than $2.6 million to mitigate the infection and restore their data. How to protect against it? There are several steps that can be taken to prevent ransomware from infecting computer networks. Simple steps such as ensuring that all software and operating systems are kept up to date, installing patches as soon as they are released, and employing anti-virus software can help protect networks from these type of attacks. Additionally, providing basic cybersecurity training to employees on how to identify phishing emails and safe Internet browsing practices can help prevent these infections. Other more technical, but equally important, steps can also be taken. For example, ensuring that critical data and information are routinely backed up, keeping those backups offline, and creating whitelists that allow only approved applications to run on the system will help prevent attacks and protect networks and data in the event that an infection occurs. Finally, prepare for the possibility of a successful attack. Proactive planning is necessary to minimize both the damage caused by a ransomware attack and the time needed to recover. Just as schools and many office buildings have plans and drills to prepare for a potential fire, businesses and governments should establish plans of what to do, whom to call, and how to continue operations in the event of a ransomware or other cybersecurity incident. https://www.dbllawyers.com/what-is-ransomware/ By Lee Sutherland Law student at The George Washington University Law School. Sutherland is part of Dunlap, Bennett & Ludwig’s Summer Internship Program and is interested in national security law and cybersecurity law.
Daily Law News by Thomas Dunlap covering the headline:Latest on Google and Uber’s Battle for Self-Driving Cars - September 9, 2019
Daily Law News by Thomas Dunlap covering the headline:China’s Execution of a Stricter IP Law System - September 6, 2019
Daily Law News by Thomas Dunlap covering the headline:Lebron’s Effort to Trademark “Taco Tuesday” - September 5, 2019
Daily Law News by Thomas Dunlap covering the headline: NCAA May Allow Athletes to be Paid for Endorsements in CA - September 4, 2019
Daily Law News by David Ludwig covering the headline: University “of” Michigan Jokes with “The” Ohio State University - September 3, 2019
Daily Law News by Tom Dunlap covering the headline: Georgia Wants to Know If the Law Can Be Copyrighted - September 2, 2019
Daily Law News by Tom Dunlap covering the headline: Department of Defense plans to establish IP Policy Group - August 30, 2019
Daily Law News by Tom Dunlap covering the headline: Amazon Audible Sued by Key Book Publishers - August 29, 2019
Daily Law News by Tom Dunlap covering the headline: Johnson & Johnson Lose Opioid Trial - August 28, 2019
Protecting Athlete's Investments Tom Dunlap speaks with Dusty Gwinn, a sports agent with the NFL & and Senior Counsel with Dunlap Bennett and Ludwig, and Ken Harvey, a former Washington Redskins player and Marketing Associate for Fellows Financial Group. They talk about the challenges faced by athletes, estate planning, brand protection, insurance for athletes, life after being an athlete, and other aspects of athletes’ brands.
Immigrating to the United States Tom Dunlap speaks with Gerald LeMelle, a partner at Dunlap Bennett and Ludwig who runs the Immigration practice in the company. They talk about the different types of visas, the politics of immigration, how to bring in employees from other countries, and how to convert an H1B into a Green card.
The Real Estate Industry Tom Dunlap speaks with Mike Snow & Chris Boris of Pearson Smith Realty, and George Hawkins, an attorney with Dunlap Bennett and Ludwig. They talk about the real estate industry, history & growth of Pearson Smith Realty, dealing with real estate challenges, safety in open houses & protecting property.
The Music & Technology Industry J.R. LoMonaco is an attorney with Dunlap Bennett & Ludwig while Ron Burns, a technologist, musician, and composer. They talk about how the music industry has changed, how technology has changed the music industry, and some developments in the music industry, including the end of iTunes.
The Changing Landscape of the Legal Market Tom Dunlap speaks with Rion Swartz, the VP of Marketing at LegalZoom about providing affordable legal services to businesses. They talk about helping entrepreneurs set up and run their businesses, auxiliary services, establishing partnerships, advertising by law firms, and what has evolved over the years.
National & Cyber Security Tom Dunlap speaks with Robert Eatinger and Ellis Bennett, attorneys for Dunlap Bennett and Ludwig, about national security law, cyber security and practice as well as current events.
The Best of Blackletter: Season 1 in Review During the first season of episodes, Tom Dunlap brings famously experienced business people, lawyers, accountants, and anyone else in the realm of business to the table to share personal experiences that have shaped their business and to talk about how to handle black letter issues in creative ways. Topics include: Employment Law, Business Start Up, The Alcohol Biz, Business Litigation, Trademark Adventures in Starting a Brewery, Intellectual Property in China, The Underpinnings of Security Clearance, Legal and Creative Issues in the Film Industry, and Blackletter Introduction.
Employment Law Tom Dunlap speaks with Phil Schwartz and David Ludwig, attorneys for Dunlap Bennett and Ludwig, about the employer side of the law. They discuss how to deal with terminations, 1099s and what you need to know as an employer who employs people.
Business Start Up Tom Dunlap speaks with Roy Morris and Justin Banford, attorneys for Dunlap Bennett and Ludwig, about the challenges in starting a business. They discuss everything from buying, selling and funding a business.
The Alcohol Biz Tom Dunlap speaks with Scott Harris of Catoctin Creek Distilling, Chris Suarez of Bear Chase Brewing and Matt Hagerman of Lost Rhino Brewing about the challenges in starting an alcohol focused business. They discuss everything from ABC licenses to trademark wars to challenges during start up.
Business Litigation Tom Dunlap speaks with David Ludwig and Laura Seferian, attorneys for Dunlap Bennett & Ludwig, about business litigation, what are disputes and how to resolve them.
Trademark Adventures in Starting a Brewery Tom Dunlap speaks with David Ludwig, Cailey Afualo and Alex Butterman, attorneys for Dunlap Bennett & Ludwig, about trademarks, Cailey’s pursuit of opening a brewery and owning the name of the brewery and the beer. We did a trademark search report on her brewing company, American Bully Brewing and we did a trademark search report on her first beer that her and her husband are making; Roosevelt Imperial Stout. The search turned up some interesting stuff. We thought we'd share with our listeners today: what a trademark is, how a trademark search works, and what the trademark process is.
Intellectual Property in China Tom Dunlap speaks with Erick Robinson and Dragon Wang, attorneys for Dunlap Bennett & Ludwig, as they discuss how to protect, defend and maximize your leverage in China using the Chinese courts, the US courts and intellectual property.
The Underpinnings of Security Clearances Tom Dunlap speaks with Ellis Bennett and Ben Barlow, attorneys for Dunlap Bennett & Ludwig, as they discuss the underpinnings of security clearances. They will try and answer what is a security clearance, who needs one and how to keep it or avoid losing it.
Legal and Creative Issues in the Film Industry Tom Dunlap speaks with Rion Swartz, the Sr. director of marketing and brand management for LegalZoom, as they discuss legal and creative issues in the film industry. After participating in a live studio audience TV panel at Sundance TV headquarters they rehash filmmaker road bumps found in the creative part of film, producing the film and selling the film.
Introducing Blackletter Originally, "blackletter"" was the Gothic type-style which was used to set forth the law in England until the mid 18th century. It was used so that commoners wouldn’t be able to understand the laws. Every business is subject to so-called blackletter laws. This podcast brings famously experienced business people, lawyers, accountants, and anyone else in the realm of business to the table to share personal experiences that have shaped their business and to talk about how to handle black letter issues in creative ways.