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For the Public

Your Patent Attorney Is Not Unscrupulous

Z. Peter Sawicki and James L. Young October 26, 2018

Our English language is a quirky one. Pronunciation oddities, inconsistent grammatical rules and, of course, the continual quandary: “its” vs. “it’s.” English has numerous words that have negative connotations but, in many cases, the positive variation of that word is not in our common vernacular. Examples of such words are: uncouth, unravel, unwieldy, and unscrupulous. Really, when was the last

Pitfalls to Avoid: Attorney’s Fees Under Rule 9.100

Robin Bresky October 17, 2018

A party seeking or opposing issuance of a writ in an original proceeding under Florida Rule of Appellate Procedure 9.100 may have statutory or contractual grounds for seeking an award of attorney’s fees, but there are some potential procedural pitfalls as to the method and timing of requesting the award. METHOD The correct method of seeking attorney’s fees in original

Franchise Non-Compete Agreements: Mostly Unenforceable As Written

Jonathan Pollard October 17, 2018

For the past several decades, courts in many jurisdictions have handed out injunctions like candy in franchise non-compete cases. This is, of course, dead wrong. Here is a great example from my case files. Joe owns five McDonald’s locations in a high traffic area. Joe decides not to renew his franchise agreement. He figures he can go start some other

Trademark Fair Use In Artistic Works

LaShel Shaw October 16, 2018

Art imitates life, it’s said, but this creates interesting legal tensions when the life being imitated is crowded with commercials. Marketing experts estimate that the average American is exposed to thousands, if not tens of thousands, of brand logos and advertisements each day. It is not surprising, then, that film makers, artists, musicians, and authors often want to use trademarks

What Your Foreign Clients Need To Know About Working In The U.S.

Giselle Carson October 16, 2018

As the world’s largest market and the land of opportunities, the U.S. attracts many foreign businesses seeking to grow. These businesses often have a difficult time finding qualified workers to fill critical and unique jobs. In many cases, foreign businesses need to hire non-U.S. nationals for their U.S. operations. Unfortunately, they find that U.S. immigration law is very complex and

Strategies For More Effective Trial Presentations In Family Law Proceedings

Mitchell Reichman October 16, 2018

On Sept. 21, 2018, the executive council of the family law section of the State Bar, past and present family law judges, as well as experienced practitioners, gave 24 participants the opportunity to hone their skills in the Family Law Trial College. The suggestions, thoughts, and ideas that were discussed benefit any Arizona family law attorney, regardless of their years

Marijuana Laws medical marijuana in arizona

Dazed And Confused About Marijuana Laws?

Danny Clancy September 14, 2018

If you’re feeling a bit dazed and confused in terms of which states are doing what, where, and how, as it relates to marijuana legalization, you are not alone. Marijuana (recreational use vs. medical use), THC, CBD, industrial hemp, decriminalization, rescheduling – all of these areas of discussion are intertwined and create some rather complex issues for law enforcement. Currently,

Toxic Torts: How Do I Prove Medical Causation?

Dawn Smith September 14, 2018

A toxic tort is a personal injury claim for harm caused by exposure to a dangerous substance. This can be an environmental toxin or a defective drug. Toxic torts can arise in a wide variety of situations including exposure to pharmaceuticals, asbestos or other toxins in our work environments, at home and even in our drinking water. Traditional theories of

Out-Patient And Office-Based Surgery Center Safety

Kay Van Wey September 14, 2018

In the “good old days” surgeries were performed in hospitals and patients were kept for several days for observation. Now, all but the most major and complex of surgical procedures seem to be performed as “day surgeries” at out-patient surgery centers. Often, patients are released within hours of major surgery. I’ll have to tell a little story on myself. I

The Amazon Trademark Race. Who Wins?

Z. Peter Sawicki and James L. Young August 14, 2018

We have written several times about counterfeit products being sold on Amazon. The Amazon selling platform welcomes all sellers and buyers. As a result, it has become so vast that control, much less elimination, of counterfeits seems to be an unreachable goal. In 2017, Amazon sales were reported to be almost 178 billion dollars through more than two million sellers.

For the Public

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