Blackletter

Blackletter

Blackletter laws are the well-established legal rules that are no longer subject to reasonable dispute. Originally, "blackletter" was the Gothic type-style which was used to set forth the law in England until the mid 18th century. It was originally used so commoners couldn't understand the laws. Every business is subject to so-called blackletter laws. This podcast brings famously experienced business people, lawyers, accountants, and anyone else in the realm of business to the table to share personal experiences that have shaped their business and to talk about how to handle black letter issues in creative ways.... Show More

Episodes

September 21, 2020 3 min

Today, we're going to talk about the 2020 election and voting in the time of a pandemic.

With COVID-19, what does that mean for showing up at the polls? 

A little bit of background about how voting laws work. The Elections Clause of the Constitution lets states basically govern their own elections, including for federal office. So when you're voting for president in your local state, your state is deciding how you're go...

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Tom Dunlap chats with Rob Wray, founder of Blue Star, a senior care technology company, Lisa Roden, owner of Shadow House Media Company, and Aimee McKinney, CMO of Dunlap Bennett & Ludwig. Topics include what Blue Star does, the legality of content creation, and legal advice for new entrepreneurs.  

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September 14, 2020 2 min

Listen to today's Minute as we talk about a new rule passed by the labor department last Friday. The new rule revises the definition of healthcare providers that are exempted from the Families First Coronavirus Response Act requirement that was passed back in March. The requirement required any business with less than 500 workers to give up to two weeks of paid sick leave to employees affected by the virus and 10 weeks of parti...

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August 31, 2020 2 min

Listen to today's Minute as we look at the puzzling case of the Rubik's Cube. The Rubik's Cube Company brought a lawsuit against the parent of Duncan Toys Company, Flambeau. They asked a court to find that Flambeau infringed their trademark for the Rubik's Cube. Grab your coffee and tune in to find out more...

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Listen to today's episode as we're going to talk about Epic's Antitrust battle against Apple over Fortnite and developer fees . Grab your coffee and tune in to find out more...

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Tom Dunlap chats with Ben Barlow and David Ludwig, both of Dunlap, Bennett & Ludwig, to discuss the dos and don’ts of non-compete agreements. Topics include defining non-competition agreements, COVID & enforcing these clauses and anti-trust criminal statute enforcement.

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Listen to today's episode as we're going to talk about how the coronavirus pandemic could impact commercial real estate and cause issues for subleases. Grab your coffee and tune in to find out more...

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Listen to today's episode as we're going to talk about a typographical error and font changes that led prosecutors to conclude that a New York man had faked his death to avoid sentencing in two cases. Grab your coffee and tune in to find out more...

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On July 3rd, the Washington Redskins announced that it would review its team name after nearly two decades of vigorously fighting legal challenges by Native Americans to keep it. Two registration cancellation actions filed in the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office[1] culminated in Pro-Football, Inc. v. Blackhorse, a decision by a federal district court in Virginia on July 8th, 2015, that the “R...

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Tom Dunlap sits down with Gerald LeMelle of Dunlap, Bennett & Ludwig about immigration in the time of COVID and what the new executive order means for employees and students alike. We also hear from Natalie Cressey, a Canadian student attending Boston University and how this executive order will impact her.

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In the first half of 2020, several significant decisions further shaped the course of trademark law, with rulings from the Supreme Court and circuit courts impacting USPTO proceedings, as described below:

Romag Fasteners v. Fossil (U.S. Supreme Court):

In April, the U.S. Supreme Court clarified what a plaintiff in a trademark infringement suit is required to prove to be granted a defendant’s ill-gotten profits. Romag Fasteners, Inc...

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July 20, 2020 2 min

Today we're going to talk about the TCPA and a new ruling from the FCC. The Federal Communications Commission, the FCC has just approved two new safe harbors from liability for blocking unwanted robocalls. This is good news for consumers. As phone companies step up and try to block unwanted robocalls and illegal robocalls, this provides a safe harbor for those phone companies so that they don't get in trouble for blocking c...

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Tom Dunlap sits down with Tracy Pearson and Rolando Diaz of Dunlap, Bennett & Ludwig to discuss the unique aspects of the Delaware court system. Topics include the advantages of incorporating in Delaware, local counsel in Delaware, the Delaware bar process and advice for those looking to incoporate and practice in the state.

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July 6, 2020 1 min

Today, a little bit of the lighter side of law. We're going to stay away from COVID. A federal judge dismissed a putative class action over Nestle Toll Houses Premier White Morsels. What happened here? Well, plaintiff's, a class action group, brought a lawsuit saying that Nestle's Toll House Premier White Morsels didn't actually contain chocolate. And that using the words white and premier, even though the product d...

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Today, we're going to talk about COVID and coronavirus in the trademark world.

Whenever there's a big news story or something that just entices the United States population, and in this case, the globe, in this case, it's coronavirus and COVID, and COVID-19, these are new terms that we've never heard before. And there's a huge misconception among the public that if you register something at the USPTO, you own i...

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Today, we're going to talk about legal issues in the COVID-19 vaccine development arena. A big challenge from a legal perspective is how can these companies get the vaccine to us?

Typically when you're developing a new vaccine or anything for use inside of a human being, the FDA under the FD and C Act, the Federal Food, Drug and Cosmetics act, and the Public Health Service Act regulates the development of vaccines and anyt...

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Tom Dunlap speaks with Phil Schwartz, attorney at Dunlap, Bennett and Ludwig, about what steps to take, shifts to make and liabilities to expect when employer strives for re-open.  

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Today we're going to talk very briefly about online conferences and the potential loss of intellectual property rights and the risks that you face.

In this new day and age of COVID-19 and Zoom conferences, people have been bombing Zoom conferences logging in when they don't have the right to, even password protected conferences get photobombed, like Zoombombed, I guess. 


First, you might not always know who's in your ...

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A suspension was sought for a lawyer who lobbed insults at another lawyer during a deposition. It's funny because the lawyer in the deposition itself defended the insults that he lobbed in the civility of his legal practice by citing the President. 

The conflict started, and this is according to an article in the ABA Journal from May 6, 2020, when an attorney named Cone instructed his client not to answer a question. And the a...

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Tom Dunlap speaks remotely with Jenn Loges, of One Degree Capital, and Cherylyn Harley LeBon, of Dunlap Bennett & Ludwig, about the newly released SBA guidelines on loan forgiveness.

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