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.…
Join host Tom Dunlap on this episode of the Blackletter Podcast, where he dives into the intricate world of SBA lending, commercial real estate, and banking relationships with experts Janel Giambrone and Dee Kakar from M&T Bank, along with Clare Schuller, a seasoned real estate attorney from DBL. The discussion covers critical topics such as navigating SBA loans, building strong banking relationships, leveraging financial tools for business growth, and the evolving economic landscape. Whether you're a business owner, aspiring entrepreneur, or just curious about how the banking industry supports small businesses, this episode is packed with expert advice and actionable insights to help you succeed.
In this episode of the BlackLetter Podcast, Tom Dunlap sits down with Thomas Springer and Stuart Lawson from SD Capital, along with Wright Lewis, to discuss the intricacies of preparing a business for sale or acquisition. Learn how SD Capital's unique approach as former business owners and private equity experts helps clients maximize enterprise value and identify strategic opportunities. From avoiding common mistakes like artificially inflating EBITDA to rewarding key employees and planning for life after the sale, this episode is packed with actionable advice for business owners. Whether you're considering selling your business or just want to understand the process better, this conversation provides invaluable insights into middle-market M&A and strategic growth planning.
In this episode of the BlackLetter Podcast, host Tom Dunlap sits down with securities litigation expert Josh Kons, Principal at the Kons Law Firm. Together, they unravel the complexities of securities litigation, exploring common claims, fraud cases, and the role of FINRA arbitration. Josh shares his journey from finance major and trader to becoming a trusted advocate for investors who've been wronged. Learn about the two key types of securities claims, how to spot potential fraud, and why acting quickly is critical in these cases. Whether you're an investor, lawyer, or just curious about how to protect your financial interests, this episode is packed with practical advice and real-world insights.
"Ever wonder what it really costs to buy or sell a business? In this episode of The Blackletter Podcast, host Tom Dunlap is joined by M&A experts Sharon Heaton and Wright Lewis for an in-depth discussion on the crucial details of mergers and acquisitions. They cover the costs involved in M&A transactions for both buyers and sellers, including legal fees, M&A advisory costs, and quality of earnings reports. The conversation also delves into the key terms found in asset and stock purchase agreements, such as representations, warranties, and how liability is transferred. As they explore what happens after closing, the trio discusses integration, post-closing obligations, and how communication with employees and vendors plays a critical role in a smooth transition. Whether you're buying or selling a business, this episode is packed with valuable insights to help you navigate the complex world of M&A.
Curious about how much your business is actually worth?In this episode of The Blackletter Podcast, host Tom Dunlap is joined by valuation experts Sharon Eaton and Wright Lewis for an in-depth discussion on one of the most pressing questions for business owners: how much is your company worth? They break down the factors that influence valuation, such as industry norms, EBITDA, and the art and science behind determining the right multiple. The team explores the importance of networking capital, adjusted EBITDA, and the role of seller notes and earnouts in finalizing deals. Whether you're preparing your business for sale or just curious about how valuations work, this episode offers essential insights to guide you through the process.
"Selling your business is like running a marathon—you need the right preparation, strategy, and team to make it to the finish line." In this episode of the Blackletter Podcast, Tom Dunlap is joined by M&A experts Sharon Heaton and Wright Lewis to discuss the three critical stages of the mergers and acquisitions (M&A) process. Building on the last episode, where they covered preparing a business for sale and making business owners redundant, this episode dives deep into the steps necessary to successfully navigate the M&A landscape. Sharon and Wright explore preparation, buyer qualification, and the final push from the letter of intent (LOI) to closing. They also share insights into the importance of assembling a strong M&A team, the necessity of due diligence, and how to find the right buyer while avoiding common pitfalls. Whether you're a business owner considering a sale or an advisor working with clients, this episode provides valuable guidance for mastering the complexities of M&A.
Ever wondered what it really takes to sell your business for top dollar? In this episode of the Blackletter Podcast, host Tom Dunlap explores the world of mergers and acquisitions with two industry powerhouses: Sharon Heaton, CEO of sbLiftOff, and Wright Lewis, M&A attorney at Dunlap Bennett & Ludwig. Together, they break down the secrets to preparing your business for sale, maximizing its value, and ensuring a smooth post-closing transition. Whether you're a seasoned business owner or an advisor looking for expert insights, this episode is packed with actionable tips you won't want to miss!
In this insightful episode of the Blackletter Podcast, host Tom Dunlap sits down with Claire Gibson, partner at Dunlap, Bennett & Ludwig, to explore the intricate world of intellectual property (IP) in the fashion industry. Claire brings her two decades of experience handling both domestic and international trademarks to discuss how fashion brands leverage IP protection for global expansion and brand identity. From iconic examples like Tiffany Blue and Chanel to lesser-known challenges like trade dress and functionality issues, Claire explains the nuances that make fashion IP unique. The conversation also highlights the legal complexities of naming brands after designers, the risks involved, and how acquired distinctiveness plays a key role in securing trademark rights. Whether you're a legal professional, a fashion entrepreneur, or just curious about how trademarks shape the fashion industry, this episode is packed with expert insights and engaging discussions.
In this episode of The Black Letter Podcast, host Tom Dunlap is joined by Steve Fretzin, founder of Be That Lawyer, to discuss the importance of specialization in the legal profession. Steve shares his journey from working across various industries to focusing exclusively on coaching lawyers, demonstrating how narrowing your focus can lead to greater success. He explains why trying to juggle multiple practice areas can be counterproductive and how honing in on a specific niche can enhance both your effectiveness and satisfaction. Steve also underscores the critical role of business development and marketing in building a successful law practice. This episode is packed with practical insights for lawyers looking to refine their practice and achieve greater fulfillment in their careers.
In this episode of The Black Letter Podcast, Tom Dunlap sits down with Steve Fretzin, a renowned coach for lawyers and host of the "Be That Lawyer" podcast. They explore one of the most challenging aspects of a legal career—business development. Tom and Steve discuss why many lawyers struggle to build a client book despite their legal brilliance and how the lack of a plan often leads to frustration and missed opportunities. Steve shares his insights on the importance of having a strategy, the role of personality in business development, and how even the most introverted lawyers can learn to succeed with the right guidance. Steve also opens up about his personal challenges and the pivotal moment when he realized the power of focus in his own career. Whether you're a lawyer, entrepreneur, or business professional, this episode is packed with practical advice on how to thrive in your career without burning out.
In this episode of The Black Letter Podcast, host Tom Dunlap sits down with Steve Fretzin, the mastermind behind the "Be That Lawyer" podcast. Steve shares his unique journey from a competitive shoe salesman to a successful business coach specializing in sales-free selling. With a background in franchising and an unexpected pivot to working with law firms, Steve has developed a winning approach that resonates with attorneys who often shy away from the sales aspect of their practice. Discover how Steve's philosophy of helping without selling has transformed his career and how his podcast has become a powerful tool for branding and building relationships.
In this week's Monday Morning Minute, Tom Dunlap dives into the complex world of alcohol licensing, unraveling the intricate history and legal framework that governs the sale, distribution, and manufacturing of alcohol in the United States. From the aftermath of Prohibition to the evolution of the three-tier system, Tom explains how state and federal regulations intertwine to create a labyrinthine network of controls. Discover the differences between control and license states, and learn how recent changes, spurred by the COVID-19 pandemic, are reshaping the landscape of alcohol regulation. Whether you're in the alcohol industry or simply curious about the legal complexities behind your favorite drink, this episode offers valuable insights into why alcohol licensing is the way it is today.
In this episode of The Blackletter Podcast, host Tom Dunlap is joined by Aaron Jackson, a former Air Force Lieutenant Colonel and current partner at Dunlap Bennett & Ludwig, to discuss his new book, Cynical: Overcoming America's New Mindset with Seven Principles of Hope and Humanity. Aaron shares his insights on the destructive nature of cynicism and how it permeates our society. He outlines the seven principles from his book that can help combat this mindset and foster a culture of hope and humanity. Tune in to learn how to shift from a cynical outlook to one that embraces leadership, connection, and positive change.
In this Monday Morning Minute of the Black Letter Podcast, Tom Dunlap delves into the captivating world of wine. Discover the rich history and cultural significance of wine, from ancient Georgian pottery to modern-day Napa Valley. Tom discusses the complexities of wine regulations, explaining how the American Viticultural Area (AVA) and European Union's Protected Designation of Origin (PDO) ensure the authenticity and quality of your favorite wines. Gain insights into the stringent rules and fascinating stories behind wine production, and equip yourself with knowledge to impress at your next social gathering. Whether you're a wine connoisseur or simply curious about the legal intricacies, this episode is a must-listen. Cheers to a deeper understanding of wine!
In this episode of the Black Letter Podcast, host Tom Dunlap unveils a groundbreaking initiative by Dunlap Bennett & Ludwig: the Small Business and Inventor Hub (SBIH). This new hub is dedicated to aiding independent inventors, creators, and small to medium-sized business owners who find high-level intellectual property services financially out of reach. Tom discusses the importance of this initiative in empowering small businesses and inventors to protect their intellectual property, thereby contributing significantly to America's innovative landscape. He highlights the hub's features, which include facilitating the filing and management of patents and trademarks, and providing access to experienced IP lawyers. With staggering statistics on small businesses' contributions to patents and employment of scientists and engineers in the U.S., this episode is a must-listen for anyone interested in entrepreneurship and intellectual property law.
In this episode of The Black Letter Podcast, Ryan Kennedy, a seasoned real estate lawyer, returns to share his indispensable insights tailored for anyone involved in the real estate market. From buyers and brokers to small-time landlords, Ryan unpacks critical advice to navigate the complexities of real estate transactions and legalities. He emphasizes the importance of reading and understanding contracts, maintaining awareness of regulatory obligations, and the advantages of engaging with professional property management. This episode is a must-listen for professionals seeking to safeguard their interests and optimize their real estate endeavors.
In this captivating episode, host Tom Dunlap discusses the landmark intellectual property case involving Marvel characters and their co-creator, Jack Kirby. Tom explores the intricate legal battles fought by Kirby's heirs in their attempt to regain control over the iconic Marvel characters such as the Avengers, X-Men, and The Fantastic Four. With insightful analysis, Tom explains the nuances of "work for hire" under the Copyright Act of 1976, and how it impacted Kirby's rights to his creations. This discussion not only sheds light on the complexities of copyright law but also serves as a crucial reminder about the importance of clear contracts in creative and commissioned works. Join Tom as he breaks down this pivotal case and its broader implications for creators and the creative industry.
In this episode, host Tom Dunlap discusses the landmark Supreme Court case, Matal v. Tam, and its profound implications on trademark law and free speech. Through the story of Simon Tam and his band The Slants, Tom explores the journey of challenging the disparagement clause of the Lanham Act—a case that ultimately led to a unanimous Supreme Court decision supporting the right to re-appropriate racially disparaging terms under the First Amendment. Join Tom as he unpacks the intricacies of trademark regulations, the concept of commercial speech, and how this case has reshaped legal precedents and cultural dialogues around offensive trademarks.
In this episode of the Blackletter podcast, host Tom Dunlap discusses the intricacies of real estate and real property law with Guest and parter at DBL, Ryan Kennedy. The spotlight of the discussion is on the recent settlement between the National Association of Realtors (NAR) and a major class action lawsuit, which has introduced significant changes in the way cooperative compensation is handled in the real estate industry. Ryan sheds light on how these changes could potentially reshape the dynamics between buyers' and sellers' agents, affect commission structures, and influence the overall cost of housing. Furthermore, the episode explores the unexpected ways local governments use public real estate listings for assessing property taxes and permitting issues, adding another layer of complexity to property transactions. Join us as Tom and Ryan offer insights that are crucial for anyone involved in real estate transactions, whether they are buyers, sellers, or industry professionals.
Join Tom Dunlap on this week's episode as he discusses the fascinating history and legal battles of the "Happy Birthday" song. Once subject to stringent copyright claims by Warner Chappell Music, this beloved tune has finally entered the public domain. Discover how filmmaker Jennifer Nelson challenged these claims, leading to a landmark 2015 ruling that freed "Happy Birthday to You" from copyright restrictions. Tom explores the complexities of copyright law, changes over the decades, and what this means for public access to creative works. Don't miss this insightful exploration of copyright, creativity, and the liberation of one of the world's most famous songs.
Join Tom Dunlap on this intriguing episode of the Black Letter Podcast Monday Morning Minute, where he discusses the landmark copyright law case between Google LLC and Oracle. This episode unpacks the complex legal battle over Java APIs, a critical component in software development that facilitates interoperability between applications. Tom breaks down the essence of APIs, the heated legal arguments, and the transformative notion of fair use that led to Google's victory in the Supreme Court. Whether you're a software developer, a legal enthusiast, or just curious about how major tech companies defend their innovations, this episode offers a comprehensive look into a case that has shaped the landscape of software development and copyright law.
Today, we're joined by attorney Ryan Kennedy from Dunlap Bennett & Ludwig, who brings a wealth of experience in real estate and real property law. With over 15 years in the field, Ryan shares his journey from an intrigued law student to a seasoned attorney deeply involved in property development and zoning cases. Tune in as we explore some of Ryan's most challenging and rewarding cases, including a significant zoning opposition that protected sensitive wetlands. Whether you're a legal professional, a business leader, or just curious about the interplay of law and real estate, this episode offers valuable insights into the complexities and impacts of real property law.
In this episode of the Blackletter Podcast, Tom Dunlap explores a landmark legal battle between tech giants Apple and Samsung, commonly referred to as the "Smartphone Wars." Starting in 2011, this series of over 50 lawsuits across 10 countries highlights the complexities of design and utility patents in the tech industry. Tom discusses the specifics of the case, including Apple's initial billion-dollar victory and the eventual Supreme Court decision that reshaped the outcome. Tune in to understand how this epic intellectual property struggle not only influenced legal precedents but also consumer perceptions and the dynamics of the global smartphone market.
Welcome to the first episode of "The IP Chronicles," a 10-part mini-series on the Black Letter podcast. Join Tom Dunlap as he delves into the intriguing world of intellectual property law, kicking off with the landmark case of Disney Enterprises Inc. vs. Redbox Automated Retail. Discover how the first sale doctrine was challenged in the digital age, pitting the media giant Disney against the rental service Redbox over the resale of digital download codes. Explore the nuances of copyright law, the evolution of digital commerce, and what this case means for the future of IP. Whether you're a legal enthusiast or just looking for something new to discuss at your next happy hour, this episode is packed with insights and engaging commentary. Don't miss it!
In this episode of the Blackletter Podcast, host Tom Dunlap is joined by Jennifer Morris, a partner at Dunlap Bennett & Ludwig, and Toby Musser from MNS Group. Together they discuss the intricate details of CMMC 2.0, a standard encompassing physical, operational, and cybersecurity measures. They look into the real-world application of the standard, focusing on compliance challenges, audit hurdles, and handling data breaches, especially for government contractors. The conversation also covers the nuances of legal and insurance responses to cybersecurity issues, offering valuable advice for maintaining robust security protocols and ensuring compliance with both federal and state regulations.
In this episode of the Blackletter Podcast, Tom Dunlap discusses the complexities of CMMC 2.0 with insights from Jennifer Morris, a partner at DBL Law, and Toby Musser of MNS Group. They provide a comprehensive breakdown of the new cybersecurity requirements imposed by the Department of Defense for government contractors. Listeners will gain an understanding of the legal and technical implications of CMMC 2.0, the role of assessments, and the strategic importance of early compliance. This discussion is essential for any entity involved with DOD contracts, providing both legal and practical perspectives on navigating the updated CMMC landscape.
What does the future hold for non-compete clauses in the U.S.? In this compelling episode, Tom Dunlap explores the sweeping changes introduced by the FTC's recent ruling that bans most non-compete agreements from late August 2024. This episode examines the lawsuit filed by the U.S. Chamber of Commerce challenging this decision and discusses the potential impacts if the ban is upheld or overturned. Tom provides a thorough analysis of the pros and cons of the enforcement of this ban, considering its effects on job mobility, business practices, and innovation across industries. Join him for a detailed breakdown of these legal transformations and what they could mean for employees and employers nationwide.
In this episode of the Blackletter Podcast, host Tom Dunlap is joined by Jennifer Morris, a partner at Dunlap Bennett & Ludwig, and Toby Musser from MNS Group. Toby Musser, an expert in cybersecurity and compliance, discusses the trajectory and focus of MNS Group, a technology company providing specialized services to government contractors and law firms. The conversation sheds light on the CMMC (Cybersecurity Maturity Model Certification) standards and MNS Group's role as an authorized C3PAO to offer audit and assessment services to the defense industrial base. Jennifer Morris complements the discussion by diving into her role in compliance and cybersecurity from a legal perspective, explaining how their collaboration benefits clients needing comprehensive audit and remediation solutions. The episode provides valuable insights into the intersecting realms of technology, law, and government contracting compliance.
What does the FTC's new rule on non-compete clauses mean for you and the U.S. workforce? Today, Tom Dunlap walks us through the landmark decision that bans non-compete agreements for most employees starting at the end of August 2024. He offers a detailed analysis of when the rule takes effect, its implications, exceptions for certain roles and industries, and the ongoing role of state laws. Tom further explores the FTC's motivation to enhance job mobility and stimulate innovation by eliminating these restrictive agreements. The episode also highlights a recent lawsuit that questions the FTC's authority to enforce this ban. Tune in for a comprehensive breakdown and its potential effects on employment dynamics nationwide.
Join Tom Dunlap for a crucial Monday Morning Minute aimed at entrepreneurs and startup employees. This episode dives into the often misunderstood or overlooked 83(b) election—a vital tax strategy for those receiving stock as part of their compensation. Tom explains the potential for massive tax savings by making an 83(b) election early when stock is granted, rather than when it vests. He uses a clear example to illustrate how making the right tax choices early on can save thousands in the long run, especially as the value of the startup grows. Also discussed are the benefits of qualifying for long-term capital gains treatment sooner, and the risks involved if the employment is terminated prematurely. Whether you're a startup co-founder or an employee with equity compensation, understanding the 83(b) election can significantly impact your financial future. Tune in to make informed decisions and potentially save on taxes as your shares vest.
What does it take to achieve true happiness and high performance in today's demanding world? Discover the answers as Tom Dunlap engages with well-being expert Jackie Quan on the Blackletter Podcast. This episode takes a deep dive into the transformative power of mindfulness, physical activity, and social connections in enhancing both personal and professional well-being. Jackie Quan shares her expert insights on how daily mindfulness practices can lead to greater mental clarity and resilience, while physical movement acts as a crucial stress reliever and mood enhancer. The conversation also unfolds the importance of nurturing quality relationships, revealing their profound impact on our happiness and success. Together, Tom and Jackie explore how these core elements are interconnected and essential for building high-performing teams, improving work output, and ultimately leading a more satisfied and balanced life.The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they've gained, and lessons they've learned through their experiences.Follow us on YouTube!Don't have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
In this episode, Tom Dunlap discusses the transformative changes in the European patent landscape with the introduction of the Unified Patent Court (UPC) and the European Unitary Patent system. Designed to simplify the patent process across the European Union, this new system allows for a single patent application to cover all EU countries. Tom explains the significant benefits and potential drawbacks for US companies, highlighting how these changes can streamline operations but also pose risks. Tune in to this insightful episode to understand the full implications of the UPC and how it could affect your patent strategy in Europe.
Dive into the world of high-performing teams with the Blackletter Podcast as host Tom Danlap and guest expert Jackie Quan unravel the secrets to creating an effective, empathetic, and resilient work environment. In this episode, they dissect the anatomy of high-performing teams, explore the destructive role of stress, and share groundbreaking insights from leading experts in the field. Listeners will gain a deeper understanding of the crucial balance between empathy and stress management, learn the neuroscience behind resilience, and discover practical strategies to foster a culture of mindfulness and positivity. Whether you're a leader aiming to elevate your team or an individual seeking to thrive in a high-stakes setting, this episode offers invaluable wisdom and tips for transforming workplace dynamics and achieving peak performance. Join Tom and Jackie on a journey to decode the elements of success in team settings and harness the power of collective mindfulness for lasting happiness and efficiency.The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they've gained, and lessons they've learned through their experiences.Follow us on YouTube!Don't have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
How can Amazon's Brand Registry empower business owners in today's competitive online marketplace? In this episode of the Blackletter Podcast, Tom Dunlap unravels the complexities of Amazon's Brand Registry, following the insights from Amazon's 2023 Brand Protection Report. He discusses the platform's significant investments in fighting counterfeit operations and enhancing brand safety. With expert advice on the importance of trademark registration and strategic utilization of Amazon's ecosystem, Tom guides listeners through the process of securing their brand on Amazon. Through real-life examples and actionable tips, he highlights the benefits and challenges of the Brand Registry, making this episode essential for anyone aiming to safeguard their products and leverage Amazon's tools for business success. Join us to discover how to use Amazon's Brand Registry effectively while protecting your brand.
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 researcher with an impressive track record in the pharmaceutical and biotech sectors. With decades of experience, including significant roles at the National Cancer Institute and leading global 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 unravel the mysteries of team dynamics and discover how to foster an environment where high performance is the norm. Whether you're a professional in the healthcare industry, a team leader looking to inspire, or simply intrigued by the science of teamwork, this episode is a must-listen.The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they've gained, and lessons they've learned through their experiences.Follow us on YouTube!Don't have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
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 settlement could potentially change the standard 6% real estate commission, ultimately saving buyers and sellers some serious dough. Could this lead to a hotter home market and more homes on the move? We'll discuss the possibilities and speculate on the future.
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 Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they've gained, and lessons they've learned through their experiences.Follow us on YouTube!Don't have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
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 business valuation and sale preparation. And tune in to the next episode of The Blackletter Podcast, where Sharon will share her three major pieces of advice for anyone looking to sell their business.The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they've gained, and lessons they've learned through their experiences.Follow us on YouTube!Don't have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
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 to follow the Blackletter Podcast wherever you listen to podcasts.
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, and Gerald shares why deadlines are such a vital consideration when navigating complex U.S. immigration laws.Check out this time-sensitive bonus episode to hear Gerald share his expertise as an immigration lawyer preparing for filing deadlines and managing immigration procedures. Join us again for our upcoming episode, where Tom will interview another expert guest on his mission to demystify law and business!The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they've gained, and lessons they've learned through their experiences.Follow us on YouTube!Don't have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
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 practitioners, and the broader system of dispute resolution. Whether you're a legal professional, involved in business, or simply interested in the dynamics of arbitration, this episode offers valuable insights into a critical legal development.
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 Sharon's advice on planning for business growth and avoiding common mistakes that can reduce a company's value. And remember to check back for the next episode of The Blackletter Podcast, where Sharon will be sharing more knowledge from her book and explaining more about the value that sbLiftOff offers to its clients.The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they've gained, and lessons they've learned through their experiences.Follow us on YouTube!Don't have a disciplined attention span? Or just want to keep up with brief in-the-news topics and bits of information? The Blackletter Podcast also does short weekly episodes that are only minutes long, called Monday Morning Minutes!Do you think you or someone you know would be a great guest on The Blackletter Podcast? We often feature thought leaders, clients, and other business owners discussing their experiences and how business and the law intersect. If so, fill out a contact form here!
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 having fun in the workplace.Mark Nichols, the Chief Counsel for the Federal Aviation Administration, discussed the knowledge that he gained throughout his career to mentor and how he uses it to advise and lead other veterans and attorneys. Nichols advises young professionals to think about their careers in five-year increments and pursue relevant experience to be competitive in their industry.Reaching out for help to achieve business success.Jennifer Morris, a former attorney for the CIA with law experience inside the government and businesses, discusses the importance of reaching out for help to achieve business success and shares how small businesses can seek help from organizations like the Small Business Administration and consultants to address compliance issues.Business success factors, risk management, and leadership.Tracy Pilone enlightens listeners on how her company, Element 84, leverages innovative strategies in satellite data, allowing for transformative business practices. Throughout this, she covers principles like risk balancing and risk management. She also provides her key advice and insights for managing teams, highlighting the importance of being cognizant of risk tolerance levels and planning accordingly.Leadership, planning, and resource management for a nonprofit organization. In this segment, former Army officer Gordon Sumner discussed the changes he had to make to succeed with his nonprofit organization, Veterans Moving Forward. Gordon emphasizes the importance of buy-in, flexibility, and resource allocation in organizational planning. He discusses how team input can be a valuable resource for leaders and emphasizes the importance of seeking input from team members while still maintaining a clear decision-making process.Entrepreneurship, execution, and goodwill.Aleko Bravo Greenberg shares how his entrepreneurial experiences offered lessons about starting a successful business, including the importance of innovative strategies, transformative decisions, and execution to getting things done rather than perfecting a product. He and Tom go on to share their thoughts on the value of goodwill and maintaining connections with people who want to see you succeed, both within and outside of the company.Building and leveraging a professional network.Jason Levin, founder of Ready, Set, Launch, advises listeners on ways to achieve their business pursuits by discussing concepts from his book, "Relationships to Infinity: The Art and Science of Keeping in Touch." Covered themes include gratitude practices, people's "Bermuda keep in touch Triangles," and commonality. While people...
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 thought-provoking content every week!
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 innovative decision-making.Strategic Shifts and DecisionsEpisode 2 (Anthony Brown - Transition to Patent Monetization): This revealing episode focused on guest speaker Anthony Brown's career shift and highlighted the personal aspect of transformative decisions in the realm of intellectual property.Episode 1 (Jennifer Morris - Compliance and Cybersecurity in Government Contracts): Cybersecurity law expert Jennifer Morris shares her approach to complex regulatory environments in government contracts and emphasizes strategic innovation in a highly specialized field.Personal Journeys and Professional TransformationsEpisode 5 (Dubs Herschlip - Personal Experience with Estate Planning): This segment adds a personal touch to the theme of season 10, as guest Dubs Herschlip shares his story and shows how personal experiences can lead to professional transformation.Episode 11 (Aleco Bravo Greenberg - Entrepreneurial Journey): Revisiting episode 11, Aleco shares how his entrepreneurial experiences offered lessons about the importance of innovative strategies and transformative decisions for starting and growing a business.Practical Applications and Strategic AdviceEpisode 6 (Dubs Herschlip - Estate Planning Decision-Making): Tom and Dubs Herschlip share an enlightening conversation focused on practical applications of innovative strategies in estate planning, and Dubs offers viewers valuable advice.Episode 4 (Anthony Brown - Patent Homework and Understanding): Concluding the episode, this segment from season 10, episode 4 circles highlights the importance of informed decision-making in intellectual property.The Blackletter Podcast will be returning in 2024 with Season 11. Until then, you can check out season 10's episodes available online at https://www.dbllawyers.com/podcasts-seasons/The Blackletter PodcastThe Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they've gained, and lessons they've learned through their experiences.