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Tradition Notwithstanding (for Out-of-the-Box Trademarks)

Z. Peter Sawicki and Amanda Prose September 2, 2025

From signature product features to distinctly recognizable colors, brands today are embracing (and protecting!) non-traditional trademarks to stand apart from the competition and to stay relevant in a rapidly changing business landscape. A “traditional” trademark may consist of words, numbers, logos, or graphic designs applied to products or packaging, or used on advertisements for services. Slogans or taglines for a brand might have

When the Love is Gone: Small Business Divorce

Brandon M. Schwartz August 29, 2025

Business partnerships often begin with shared goals and mutual trust. Family members, friends, co-workers or a combination form the business to chase the American Dream. But as companies grow and evolve, so do the people behind them. Disputes among shareholders—especially in closely held corporations—can be emotionally charged and legally complex. When the love is gone, navigating a business divorce requires

Ambiguity in Surrogacy Cases Means a Need for Clear-Cut Agreements

Rebecca Palmer August 28, 2025

In the wake of the Supreme Court’s 2022 Dobbs v. Jackson Women’s Health Organization decision, which overturned the precedents set by Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), states are approaching the issue of surrogate parenting rights differently. It was only in April of this year that Michigan passed a law allow surrogacy agreements to encompass “payment”

Have Climate Cases Been Trumped?

Jeffrey B. Simon August 12, 2025

In recent years, about three dozen states, municipalities and indigenous tribes have sued fossil fuel producers from whom they seek compensation for climate harms the claimants allege to have been caused by carbon pollution and/or corporate deception. So far, the results in courtrooms across the country have been mixed. Some courts have held that the claims are preempted by federal

What a Landmark Texas Supreme Court Decision on Hospital Accountability Means for You

Kay Van Wey August 12, 2025

No one expects to become a victim of medical negligence, much less the subject of a Texas Supreme Court opinion. But that’s exactly what happened to Jared Bush, whose wife Ireille — just 35 years old and a mother of two — was prematurely discharged from Medical City Arlington despite showing classic signs of a pulmonary embolism. She died shortly after returning

The Use of Vexatious Litigants and ‘the Nuclear Option’ in High-Conflict Family Law Cases

Natalie Webb August 12, 2025

Ideally, the courtroom should be a place of resolution — not retaliation. But in some high-conflict cases, litigation itself becomes a weapon, used not to protect children or clarify agreements, but to exhaust, intimidate or financially burden the other parent. When this happens, it’s time to shift our strategy from defending against every filing to protecting the client and the children’s

‘One Big Beautiful’ Reason to Seek Intellectual Property Law Protection in China

Z. Peter Sawicki and Amanda Prose August 4, 2025

When developing a new product, one of the first questions a client asks is: “How can I protect it—and where?” While intellectual property (IP) protection in the United States is typically a given, many clients still hesitate when it comes to seeking IP protection internationally—especially in China. Despite outdated assumptions, China has evolved into a global economic and technological leader.

When Parental Rights Trump a Child’s Safety: A Call for a New Proactive Approach

Padideh Jafari July 7, 2025

In family law, few principles are as widely misunderstood as the standard of a child’s best interest – even among many of my colleagues in the field. It is meant to serve as a North Star in custody cases, guiding judges toward decisions that protect a child’s emotional, physical and psychological wellbeing. But what happens when that altruistic intent is

Establishing Parentage and Support for LGBTQ+ Families: A Legal Framework

Lawren D. Burroughs July 7, 2025

For LGBTQ+ parents, establishing legal parentage is critical to securing parental rights and ensuring children have access to support from both parents. Without legal recognition, a non-biological or non-adoptive parent may be treated as a legal stranger with no custodial or decision-making authority. Legal parentage provides certainty in custody, medical decisions, inheritance, and child support obligations—protections that are especially crucial

The Modern Prenup: Protecting Entrepreneurs and Digital Assets in a New Economy

Hossein Berenji and Steven Kunysz July 7, 2025

Once upon a time, a prenup was about the beach house, the pension, and maybe the family business. It was practical, a little unromantic, and mostly reserved for the wealthy or the well-advised. But the world has changed. Your client no longer owns a brick-and-mortar business—they have an Etsy store that nets six figures a year and is managed by

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