Drafting an Operating Agreement- Five Things to Think About For a limited liability company, the operating agreement is the most important corporate document. Every LLC with more than a single member should have an operating agreement; trying to function without one is like flying blind. A well-drafted operating agreement governs the relationship among the members […]
Do You Need a “Business” Attorney
If you are in business, whether for yourself, or as the manager of a business, you need a business attorney; someone with expertise and experience in dealing with the issues faced on a daily basis by people who own and/or manage businesses. Do you have employees? If you do, you need someone who can […]
@#$%&!*! The Seven Dirty Words Can Now be Trademarks
Under the Trademark Act, the US Patent and Trademark Office (“USPTO”) could prohibit the registration of trademarks that comprise derogatory or immoral or scandalous matter. The barrier to derogatory marks fell in June, when the Supreme Court struck down the refusal by the USPTO to register the mark THE SLANTS for a California rock band […]
Why Now?
The last few weeks have seen a torrent of revelations about the behavior of well-known and powerful men. This behavior ranges from inappropriate to felonious. Regardless of where it falls on the spectrum of awfulness, bad behavior is damaging to businesses and to the people who own and work in them. Powerful men have abused […]
Bulk Sales Laws A Banana Peel for the Unwary
Recently, I took a call from a prospective client who wanted to know why the State of New Jersey sent him a six-figure tax bill for tax years that pre-dated his purchase of a business. He had formed a new entity so as not to take on the liabilities of the seller and had purchased […]
An Update on the Slants
In March of this year, I wrote about a trademark case that was accepted by the US Supreme Court on an appeal filed by the United States Patent and Trademark Office. For a history of the case, see my blog post of March 1, 2017. The court heard oral argument in the case in January […]
Medical Marijuana: Tough Issues for Employers
New Jersey is one of 23 states (and the District of Columbia) that have legalized the use of marijuana for medical purposes. Note however, that possession and use of marijuana remains illegal under federal law, and the conflict between federal and state laws raises complicated issues for employers. With regard to enforcement of federal drug […]
The Slants Take a Poke at Trademark Law
Simon Shiao Tam is the founder of The Slants, an all-Asian American, post-punk revival band based in California. But whatever fame Tam has achieved as a musician may well be exceeded by his impact on trademark law. In November 2011, Tam filed an application in the US Patent and Trademark Office (“USPTO”) to register “The […]
Beyond the Wall What Employers Need to Know About Immigration Enforcement
President Donald Trump’s January 27 executive order imposed a 90-day suspension on the entry into the United States of foreign nationals of Iran, Syria, Sudan, Somalia, Libya, Iran and Yemen; a 120-day suspension on the entry into the United States of any refugee from any country; and an indefinite ban on the entry into the […]
Don’t Test the Water
Have you seen the “free” water test kits available at Home Depot? You send a sample to be tested, and, with the test results comes a barrage of marketing calls from a company selling water purification systems. Annoying? Yes; also illegal. The federal Telephone Consumer Protection Act (“TCPA”) prohibits the use of automatic telephone dialing […]
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