Blackletter

In this episode of the Blackletter Podcast, Tom Dunlap explores the legal and practical considerations of using a competitor's trademarks in search engine advertising. He discusses the fundamentals of trademark law, the concept of initial interest confusion, and the varying opinions among legal circuits. Tom advises businesses to exercise caution and take precautions when bidding on competitors' trademarked keywords to minimize potential legal risks. This episode provides valuable insights for businesses looking to navigate the complexities of search engine advertising while staying compliant with trademark infringement laws.

Dive into the world of high-performing teams with The Blackletter Podcast as we welcome Jackie Quan, a distinguished research administrator and program manager with an impressive track record in the pharmaceutical and biotech sectors. With decades of experience, including significant roles working with the National Cancer Institute and leading the management of multi-party, complex clinical trials, Jackie brings a wealth of knowledge and insights.In this episode, host Tom Dunlap explores Jackie’s journey through the intricate landscape of pharmaceutical research, highlighting her pivotal role as a liaison managing complex, cross-organizational projects. Jackie shares her reflections on the nature of high-performing teams, drawing from her extensive career to identify what sets these teams apart from the rest.Listeners will get a glimpse of the elusive "secret ingredient" that Jackie believes is key to team success, setting the stage for a deeper dive in future episodes. Join us on The Blackletter Podcast to u

Start your week off right with Tom Dunlap on the Blackletter Podcast's Monday Morning Minute. In this episode, we dive into the groundbreaking settlement reached by the National Association of Realtors (NAR) that's making waves in the real estate world.Join us as we explore the NAR's $418 million settlement over four years, which marks a significant change in their practices, particularly in the Cooperative Compensation Model. What exactly is the Cooperative Compensation Model? How does it affect home buyers and sellers? We'll break it down for you in plain English, no complicated legal jargon (unless you want it)!Discover how U.S. real estate agents operate under this model and its impact on commissions. We'll discuss why the lawsuit deemed this practice too expensive and its chilling effect on the market. You won't believe what the jury had to say, and how the NAR appealed before ultimately deciding to settle.But here's the juicy part — what does all of this mean for you? Tune in as we discuss how this sett

Join Tom Dunlap as he dives into the recent guidance released by the USPTO on the use of artificial intelligence (AI) in the invention process. From debunking myths to outlining the PANU test, Tom provides valuable insights and practical advice on how to navigate the intersection of AI and patents. Plus, he shares the five big principles from the USPTO's guidance and highlights the importance of disclosure. Don't miss out on this eye-opening episode that could save your patents from potential litigation! Check out our blog for even more details.

In this episode of The Blackletter Podcast, President, Founder, and CEO of sbLiftOff Sharon Heaton, along with Wright Lewis, Partner at Dunlap Bennett & Ludwig, join host Tom Dunlap to discuss the role of M&A lawyers in the selling process of a business. The conversation uncovers the preparations that businesses need for a successful sale, including business valuation and business succession strategies. Sharon and Wright explain how M&A lawyers assist clients in these tasks and help increase the value of their businesses. The episode emphasizes the importance of assembling a skilled M&A team, including an advisor, lawyer, and accountant, to navigate the complexities of these transactions. Sharon also shares her insights on the challenges of valuing and selling businesses, highlighting the essential factors, such as growth, margins, and backlogs, to consider when determining a business's valuation. Tune in to this episode to gain expert knowledge on business valuation and sale preparation. The

In this insightful episode, Tom Dunlap explains the complexities of patent eligibility under Section 101, focusing on its critical role in the world of software and abstract ideas. This episode illuminates the foundational requirements for patent-eligible subject matter and addresses the notable exceptions that pose challenges for inventors, such as laws of nature, natural phenomena, and abstract concepts. Highlighting the landmark Alice Corp v. CLS Bank case, the discussion introduces the Alice Test, a crucial two-part analysis devised by the Supreme Court to assess patent eligibility. By examining real-world case studies, Tom offers nuanced insights into distinguishing between abstract ideas and patent-eligible inventions, providing a roadmap for developing a strategic approach to patent applications. Join us for a deep dive into the essentials of patent eligibility and how to ensure your innovation stands the test of patentability.

On this episode of The Blackletter Podcast, Tom Dunlap is joined by Sharon Heaton, the president, founder, and CEO of sbLiftOff. Together, Tom, Sharon, and Wright Lewis, a partner at Dunlap Bennett & Ludwig, uncover the role of mergers and acquisitions (M&A) lawyers in helping businesses sell through preparation processes like business valuation and business succession strategies. On the show, Sharon and Wright explain how M&A lawyers work with clients on estate planning and business succession tasks and help businesses increase their company value. Together, they detail the effort involved in preparing a business for sale and discuss the essential roles of M&A teams, including the advisor, lawyer, and accountant. Finally, Sharon explains the challenges of valuing and selling businesses and emphasizes the importance of considering various factors when determining a business's valuation, including growth, margins, backlogs, and more. Listen to this episode for expert knowledge on busi

In the United States, the timing of patent filings and public disclosure play a significant role in preserving your rights. Join Tom Dunlap as he discusses the pitfalls and crucial considerations regarding the protection of your innovative ideas and public disclosure.Discover what constitutes public disclosure and the level of information necessary to enable someone to replicate your invention. From publishing on the web to sharing with manufacturers, Tom sheds light on how to navigate disclosure effectively. Learn why relying solely on NDAs and contracts may not be sufficient and explore alternative options such as filing a patent application, provisional applications, or leveraging the Patent Cooperation Treaty (PCT) for global protection. Don't let a simple disclosure jeopardize your inventive endeavors. Tune in to this episode of the Blackletter Podcast to gain valuable insights and ensure the security of your intellectual property. For further resources, visit our website at dbllawyers.com and make sure

On this special bonus episode of The Blackletter Podcast, Tom Dunlap is joined by Gerald LeMelle, an immigration attorney and Partner at Dunlap Bennett & Ludwig, to discuss the upcoming deadlines for employment-based visas, green cards, and other immigration status documents. Gerald enlightens listeners on the intricacies of these complex residency processes and discusses his role as an immigration attorney.In this timely interview, Gerald shares the professional background that led to his role in immigration law and his current specialization in business immigration, including H1B visas, L visas, and employment-based green cards. Through his long-time involvement in human rights work, Gerald had the motivation to tackle the complicated U.S. immigration system and advance in his profession. He explains the purpose of different immigration tools and programs, including employer-based green cards and H1B visas that companies use to hire foreign workers. Of course, timing is crucial for visa documentation, a

In this episode Tom Dunlap discusses the controversial topic of patenting human genes. Specifically, he discusses the landmark Myriad decision in 2013, where the Supreme Court ruled that nobody could own human genes under a patent. Prior to this decision, research organizations and pharmaceutical companies argued that they spent millions of dollars discovering unique gene sequences and should have the right to patent them. However, this stifled research and prevented advancements in the field. Since the Myriad decision, more than half of all clinical trials require the use of some kind of human gene biomarker - leading to the availability of 286 targeted therapies by 2020. Join us as we explore the impact of the Myriad decision on medical research and the importance of not owning life.

Join Tom Dunlap as he explores the significant Supreme Court case, Smith v. Spizzirri, which examines a crucial legal question: the diverging approaches of circuit courts toward the dismissal or stay of lawsuits during arbitration. This case stands at the crossroads of alternative dispute resolution (ADR), challenging current arbitration practices and potentially reshaping the future of business litigation in the U.S. Dunlap breaks down the concept of arbitration, its role in resolving disputes outside traditional courtrooms, and its benefits for privacy, efficiency, and control over the legal process. With a spotlight on key arbitration institutions such as the American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), International Chamber of Commerce (ICC), and London Court of International Arbitration (LCIA), this episode is a deep dive into the implications of arbitration clauses in contracts and the impact of the upcoming Supreme Court decision on businesses, legal pract

To kick off season 11 of The Blackletter Podcast, Tom Dunlap is joined by special guest Sharon Heaton, the president, founder, and CEO of sbLiftOff. Together, Tom, Sharon, and Wright Lewis, a partner at Dunlap Bennett & Ludwig, discuss how sbLiftOff helps entrepreneurs grow and enhance their businesses for successful sales and elevated wealth.In this first segment of the interview, Sharon shares her motivation for starting her passion project, sbLiftOff. She also discusses the science and the emotions behind business sale, which is a key theme of her book, "LIFT OFF: 12 Things to Know Before You Sell Your Company." Upon realizing the emotional commitment of founder-owned businesses, Sharon learned the importance of tactful entrepreneurship, informed risk-taking, and thorough valuation in the mid-market. In creating sbLiftOff, Sharon aimed to help middle-market businesses with valuation and sales by sharing insights from her company experiences and valuation strategies.Tune in to this episode to hear Sharo

In this episode, host Tom Dunlap delves into the pivotal changes and exciting opportunities surrounding H-1B visas in 2024. Whether you're an employer in the tech or biotech industries, or simply curious about the complexities of immigration law, this podcast is a must-listen. Tom discusses the US State Department's groundbreaking pilot program, launched on January 29th, 2024, which significantly alters the H-1B visa renewal process for the first time in two decades. He explains the shift from the previous policy, its implications for workers from India and Canada, and the potential expansion of the program. Additionally, Tom breaks down the basics of H-1B visas, including eligibility, employer responsibilities, and the lottery system. Tune in to gain valuable insights from Tom and stay informed about the latest developments in H-1B visa regulations.

In 2023, The Blackletter Podcast host Tom Dunlap held many enlightening interviews in his mission to demystify law and business principles. As guests shared their insights, they each concluded their interviews by providing their top takeaways regarding the key foundations of business and law. On this special 2023 recap episode, we have gathered the fundamental elements of advice shared by each guest throughout the year's fascinating conversations. Listen in to gain real expert advice on the principles of law, business, and life.Career success through planning, persistence, and patience.Marc Fava, an attorney who works as an ombudsman and Vice President for Boeing Corporation, discussed how planning, persistence, and patience can help people achieve success in their careers. Mark shares examples of these elements within his own life, including how purposeful planning, persistence, and patience led to him getting work from American Airlines two years after his initial rejection.Career advice, compliance, and ha

In this episode of the Blackletter Podcast, host Tom Dunlap delves into the intricacies of the Corporate Transparency Act (CTA), a groundbreaking law enacted by the U.S. Department's Treasury Financial Crimes and Enforcement Network (FinCEN). Discover why the CTA is a game-changer for companies of all sizes, from small startups to large corporations, as it mandates the disclosure of detailed information about beneficial owners. Tom breaks down the criteria for reporting companies and the exemptions available, shedding light on how this legislation impacts businesses formed under U.S. law, both domestic and foreign. Learn about the reporting requirements, key deadlines, and the comprehensive information that must be submitted to FinCEN. Whether you're a business owner, lawyer, or accountant, this episode is a must-listen to ensure compliance with the CTA and stay ahead of the regulatory curve. Share this valuable information with fellow entrepreneurs, and start your week informed and prepared.

Gear up for another riveting episode of the Blackletter Podcast's Monday Morning Minute with your host, Tom Dunlap. This time, we're peeling back the layers of mystery around the practice of sealing and unsealing legal documents. Dive into the captivating legal maze to unravel why judges seal documents, and the conditions that lead to their unsealing. Our journey takes a thrilling turn as we discuss the recent lawsuit involving Jeffrey Epstein, a case that has left the nation in awe and intrigue. We'll shed light on the motives behind document sealing, which range from shielding personal details, safeguarding trade secrets, to preserving the sanctity of ongoing investigations and even ensuring safety in criminal proceedings.Join our exploration as we dissect how documents are sealed, the potent role public interest plays, and the moments when sealed documents see the light of day. Don't miss this insightful discussion on a crucial aspect of our legal system. Subscribe to the Blackletter Podcast for more thoug

On season 10 of The Blackletter Podcast, host Tom Dunlap was joined by a range of fascinating guests to demystify business and law. Each guest brought their personal experiences and professional expertise to the table as they discussed the complex facets surrounding business and law.On this episode, listeners get to revisit some of the noteworthy subjects covered throughout the season's conversations. Tune in to this episode to hear profound insights on law and business from some of the top professionals in the game!Introducing Innovation and TransformationEpisode 8 (Tracy Pilone - Element 84's Open Science and Open Data): In episode 8, guest speaker and business leader Tracy Pilone reveals how her company, Element 84, leverages innovative strategies in satellite data, allowing for transformative business practices.Episode 10 (Aleco Bravo-Greenberg - Transforming a Breeding Farm): Business owner Aleco Bravo Greenberg shares a story that illustrates a unique business transformation and shows a unique aspect of

Join Tom Dunlap in this insightful episode as we delve into the intricate world of antitrust laws. This week, Tom breaks down the recently released 51-page guideline document by the Federal Trade Commission and the Justice Department. With a blend of historical context and contemporary examples, he explains the role of antitrust laws as the 'referees' of the business arena, ensuring fair play and competition. The episode takes a critical look at recent actions by the FTC and the Justice Department, particularly concerning market dominance and conflicts of interest in big tech acquisitions, using Amazon's acquisition of Ring as a case study.Tune in for a comprehensive and accessible breakdown of antitrust laws and their impact on business practices. Whether you're a business professional, a student, or simply curious about the dynamics of market competition, this episode offers valuable insights into the ever-evolving world of antitrust enforcement.

Join host Tom Dunlap in this insightful episode where he explores the legalities of workplace monitoring and privacy. Delving into the foundational Katz case, Tom explains the nuances of federal and state laws, including the one-party and two-party consent rules for audio recordings. He discusses the intricacies of monitoring methods such as emails, phone calls, and camera surveillance, emphasizing compliance with the Americans with Disability Act and the National Labor Relations Act. Tom offers practical advice for businesses on forming clear monitoring policies and obtaining employee consent, alongside real-world case studies like Ontario vs. Quon. This episode is a concise guide for understanding and navigating the complex world of employer-employee privacy and monitoring laws.

Blackletter Podcast is back once more to demystify law and business, with special guest Aleco Bravo-Greenberg sharing his unique stories. Tune in to hear host Tom Dunlap get the inside scoop from Aleco on his top business ventures, including his recent involvement with Soldier Fuel energy bars!Today, Soldier Fuel energy bars are sold to military and government agencies worldwide, but this wasn't always the case. Check out the show to hear Aleco talk about the challengess the company overcame to roll out energy bars for soldiers, eventually shifting focus to larger contracts. Aleco discusses product development, networking, and entrepreneurship throughout the episode, sharing his advice for listeners to follow if they, too, want to take their company from a small dream to a national success.Tune in to hear more of Aleco's interview, and remember to check back to episode 12 to learn more about law and business on the Blackletter Podcast.The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corpo