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Kennedy Law Blog
Should I Sign an NDA with My Employees?
There are a number of different situations in which you, the employer, may find it necessary to...
What are the Different Types of Patents for Small Businesses?
Plant patents, utility patents and design patents are among the three common types of patents....
Hate Speech Online
I just got off the phone with a potential client who lost his job because of a hateful comment he made to someone on Twitter. Realizing it was a bad decision to make the comment, he tried to delete it a few hours later. But to his horrible surprise, his comment had...
Breach of fiduciary duties
Check out Steve Kennedy's latest video blog discussing breach of fiduciary duty. He also provides a real-life example of how this tort could devastate a business. Check out the video blog here:
It’s Always Been a Matter of Trust
My father had an 8th grade education. He had to quit school when his dad, my grandfather, went to fight in WW II. Nevertheless, the man who I grew up with was an avid reader who owned his own small business called “Kennedy Lab.” He read the Wall Street...
SCOTUS Rules Lanham Act’s Disparagement Clause Unconstitutional
The Supreme Court ruled in a unanimous decision this morning that the disparagement clause of the Lanham Act is an unconstitutional violation of the free speech clause of the First Amendment. Justice Neil Gorsuch did not participate in the 8-0 decision, as he joined...
What is Trade Dress?
Trade dress generally refers to product packaging or the overall general appearance and image of a product. Trade dress can be quite broad and has been used to protect product packaging, websites, buildings, and restaurant interior and exterior design, among others....
Bad Idea: Giving Your Ex a Piece of Your LLC Business
Most Dallas business lawyers recognize that Texas law does not impose fiduciary duties on the members of a limited liability company. The LLC members are free to impose fiduciary duties upon themselves in an operating agreement, but members take comfort knowing that...
NDAs: Protect Yourself from “That Guy”
A man in a coffee shop overhears a group of people discussing their new business venture, including the name of their new company. He quickly registers their domain using his smartphone or laptop on the coffee shop Wi-Fi. True story. Don’t believe me? Check out this...
Charging Order May Not be Required to Obtain LLC Interest
One of the benefits of a limited liability company is that a member's interest is subject to statutory transfer restrictions, one of which is that a judgment creditor of a member cannot recover the judgment debtor member's interest. Instead, a judgment creditor must...
Parties are not Limited to the Bankruptcy Removal Statute when Removing a Case to Bankruptcy Court
When a debtor files a chapter 11 bankruptcy, the debtor--and other parties in litigation with the debtor--obtain a broad right to remove cases from the state court to the bankruptcy court. The bankruptcy removal statute, 28 U.S.C. § 1452, allows any party to remove...