“FUCT” Overcomes Lanham Act: U.S. Supreme Court Protects Immoral or Scandalous Trademarks Under First Amendment
July 30, 2019 | Toby K. Henderson and Joshua R. Schierloh
On June 24, 2019, the Supreme Court of the United States issued their decision on Iancu v. Brunetti, invalidating the Lanham Act’s prohibition of “immoral or scandalous” trademarks for infringement of the First Amendment.
Ohio House Bill 103 Threatens to Stifle Land Installment Contracts
June 3, 2019 | Gary L. Froelich and Mitchell R. Carnes
Land installment contracts have played an important role for individuals who are unable to purchase a home through traditional means but want to end the cycle of paying rent and hope to build equity.
The Veteran Entrepreneur: An Overview of Veteran-Owned Small Businesses and How to Qualify
June 3, 2019 | Daniel J. Durocher and Tom J. Whalen
If you are a veteran, you might find that getting your foot in the door to doing business with the U.S. Government is easier than it might otherwise be for a non-veteran because the U.S. Government “sets aside” certain of its procurement (read: buying) activities for companies that are veteran-owned.
SCOTUS Rules a Trademark Licensee Can Have Its Cake and Eat It Too, Post Chapter 11 “Rejection” by the Licensor, or, Is It Just a Game of “Smoked” Chicken with Congress?
May 21, 2019 | Daniel J. Donnellon
Prior to Monday, May 20, 2019, the rights of a trademark licensee to continue to use the mark after the licensor “rejected” the license in bankruptcy remained an unresolved legal issue with licensees left scrambling.
The Apple Logo May Have Another Bite Out of It Soon
May 15, 2019 | Daniel J. Donnellon
On May 13, 2019, the Supreme Court of the United States issued a potentially game-changing decision for antitrust law that allows claims against Apple, Inc. to proceed for alleged monopolization of the apps market.
Best Practices for a Corrective or Disciplinary Action Conversation
April 12, 2019 | Karl R. Ulrich
Karl Ulrich from Sebaly, Shillito & Dyer, and Pandy Pridemore from The Human Resource USA, discuss the difference between a corrective action and a disciplinary action and the different rules that that apply to each situation.
The Importance of Performance Reviews
April 2, 2019 | Karl R. Ulrich
Karl Ulrich, from Sebaly Shillito & Dyer, discusses the importance of training supervisors to honestly address any issues that may be present with an employee during a performance review, not only for the protection of the company, but also for setting expectations with an employee.
The Challenges of 1099 Contractors
April 2, 2019 | Karl R. Ulrich
Karl Ulrich from Sebaly Shillito & Dyer, and Pandy Pridemore from The Human Resource USA, discuss the rules as they apply to 1099 contractors and how to determine when you should make them a W2 employee vs a 1099 contractor.
Obama Lite: Trump Labor Department Proposes Its Own New Wage and Hour Employee Exemption Rules
March 12, 2019 | Sebaly Shillito + Dyer
In 2016, the Obama administration proposed a new rule increasing the salary threshold to qualify for an exemption from the overtime and minimum wage requirements. On March 7, 2019, The Trump Labor Department took its own stab at the decades-old exempt employee salary threshold.
It’s Blacked Out, But Is It Really Redacted?
January 10, 2019 | Daniel J. Donnellon and Joseph M. Snyder
When redacting legal documents, it is essential to ensure that the original underlying text information is completely removed from the document that is e-filed. Defense counsel in the high profile criminal trial for former President Trump Campaign Manager Paul Manafort provided all lawyers, paralegals, and legal assistants a valuable lesson.
Are You a Victim of the Financial Investment Scheme Schmidt Investment Strategies Group and Wells Fargo Advisors?
January 4, 2019 | Toby K. Henderson
Mr. Schmidt is alleged to have defrauded his investing clients by perpetuating a classic fraudulent scheme. Without customer authorization, he repeatedly sold securities belonging to some of his brokerage customers and secretly transferred the sale proceeds to cover shortfalls in the accounts of other customers.