Publications

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 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 […]

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 […]

The CFPB recently released its Fall 2014 Supervisory Highlights report, which details recent findings from CFPB exams of providers of consumer financial products and services. One of most cited regulatory issues continues to be violations deemed unfair, abusive, or deceptive acts or practices (UDAAP). The report highlighted those found in […]

On October 24, 2014, the IRS released Notice 2014-67 which provides guidance for tax-exempt entities participating in ACOs as related to outstanding tax-exempt bonds. Particularly, the Notice provides (i) guidance relative to such an entity’s participation in an ACO; and (ii) a new private use safe harbor for management and […]