Beds caked in feces and soaked in urine are not the typical living conditions for the nation’s nursing home population. These facts recently motivated Government officials to utilize ever evolving methods of enforcement to uphold quality of care standards for the elderly under Federal criminal statutes and the “worthless services” […]
Publications
Oral Arguments Forebode Poorly for Lenders in Jesinoski v. Countrywide Home Loans, Inc.
How do borrowers rescind their mortgage loans under the Truth in Lending Act, 15 U.S.C. § 1635 (“TILA”)? By sending notice to the lender within three years of the transaction. That seems to be the majority of the Justices’ views based on oral arguments on November 4, 2014, in Jesinoski […]
Supreme Court Affirms District Court Ruling that Noncompete Covenant was Unenforceable
In Gaver v. Schneider’s O.K Tire, Co., Gaver had an agreement with Schneider’s which contained a restrictive covenant on post-employment competition. The consideration for the agreement, signed at the outset of employment, purported to be participation in the company profit sharing plan. The profit sharing plan did not contain any […]
Trade Names, Legal Names, and Trademarks
Trade names are a popular business tool, but they have nuances worth revisiting from time to time. A trade name is a name that a business uses to identify itself. A trade name is synonymous with a “doing business as” name, an assumed name, or a fictitious name. Trade names […]
What’s in a Name? Considerations for Choosing a Trademark
When branding your business trademarks are king, but there are considerations beyond choosing a trademark distinct from that of your competitors. The “strength” of a trademark weighs heavily on the ability to obtain federal trademark protection and the validity of such a mark in an enforcement proceeding. The strength of […]