This past week, the Supreme Court heard oral arguments in Iancu v. Brunetti, which challenges a refusal by the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (PTO) to issue a trademark for a clothing brand known as “FUCT”. The mark, which is clearly and intentionally suggestive of something more… Continue reading What the FUCT is This Trademark Case About?
Michael Lewis popularized the term “Moneyball” in the eponymous book, which was later adapted into a movie about how the small market Oakland Athletics used data analysis to compete with bigger market, more profligate teams. Moneyball is as much about human psychology as it is statistics, and it reveals how humans have a tendency both… Continue reading “Moneyball” for Lawyers
Many entrepreneurs are surprised to learn just how complicated and potentially perilous it can be for a company to issue executive compensation in the form of equity incentives or deferred compensation. Similarly, many entrepreneurs and early-stage employees do not realize that, subject to certain exemptions, receipt of stock that does not have a “substantial risk… Continue reading Is it Possible to Fix an 83(b) Oversight?
Successful entrepreneurs know that lawyers are indispensable to the growth of a company and a necessary expense—just like accountants are necessary for taxes and dentists for oral hygiene. Seasoned entrepreneurs hire lawyers very early in their company’s lifecycle, maybe even before an idea is fully baked and even if they probably know certain legal principles… Continue reading You Need Lawyers for More Than Legal Acumen
Most people have seen videos or imagery of, or at least heard about, the controversy involving Covington Catholic High School student, Nick Sandmann, and his classmates and Native American, Nathan Phillips, following a recent March for Life rally in Washington, D.C. Cameras showed the 64-year-old Phillips singing and playing drums near the Lincoln Memorial while… Continue reading The Covington Catholic Controversy and Defamation 101
Remember Jonathan Martin, former offensive tackle with the Miami Dolphins, who went AWOL and left the team following a bullying scandal involving several of his teammates, most notably Richie Incognito? Following Martin’s departure from the team during the 2013 season, the NFL tasked its go-to scandal investigator, the perpetually employed Ted Wells, to investigate and… Continue reading A Cautionary Tale of Social Media and Pro Sports Bullying
One of the most frequently used agreements by entrepreneurs is the non-disclosure agreement (also known as an “NDA”). There are various schools of thought around NDAs, particularly how and when to utilize them. If you are an entrepreneur, you may have heard somebody at some point say something to the effect of, “NDAs are useless,”… Continue reading Non-Disclosure Agreement Pitfalls