# Practus, LLP > A Law Firm With a New Perspective --- ## Pages - [Join Us Test](https://practus.com/join-us-test/) - [Community and Culture](https://practus.com/community-and-culture/): Practus Playlist Tune in to our very own Practus Playlist made up of favorite songs and artists from our team!... - [The Guide to Practicing Law Virtually](https://practus.com/the-guide-to-practicing-law-virtually/): Get the 10 Step Guide to Start Practicing Law Virtually The 10 step guide will give you the information needed... - [Disclaimer](https://practus.com/disclaimer/): ADVERTISING DISCLAIMER Legal Notice Practus, LLP operates as a Delaware limited liability partnership. Practus, LLP’s U. S. state law practice... - [Our Story](https://practus.com/our-story/) - [Locations](https://practus.com/locations/) - [Join Us](https://practus.com/join-us/) - [News](https://practus.com/news/): Get Practus News direct to your inbox! - [About](https://practus.com/about/) - [Team](https://practus.com/team/) - [Contact Us](https://practus.com/contact-us/): Questions About Practus Marketing? Check out our Advertising Disclaimer here. - [Attorneys](https://practus.com/attorneys/) - [Practice Areas](https://practus.com/practice-areas/) - [Industries](https://practus.com/industries/) - [Homepage](https://practus.com/) - [Privacy Policy](https://practus.com/privacy-policy/): PRACTUS PRIVACY POLICY Practus LLP operates this website and has created this Privacy Policy to inform you of Our collection, use and... --- ## Posts - [Six Minutes with... Andrew Heger](https://practus.com/six-minutes-with-andrew-heger/): 1. How do you define your legal practice and typical clients? Increasingly, my legal practice focuses on estate planning, estate... - [Six Minutes with... Steven Young](https://practus.com/six-minutes-with-steven-young/): 1. How do you define your legal practice and typical? Broad scope of business and commercial litigation, including “soft” intellectual... - [Practus ETF Team Helps Wealth Adviser Bring Billionaire Tax Trick to Millionaires](https://practus.com/practus-etf-team-helps-wealth-adviser-bring-billionaire-tax-trick-to-millionaires/): Bloomberg News profiles Practus Client Alpha Architect Alpha Architect, long-time Practus client, is disrupting the registered fund industry again and... - [Steven Young Peer Rated Highest Level](https://practus.com/steven-young-peer-rated-highest-level/): Martindale-Hubbell, a global attorney rating network has given Steven Young its highest rating, AV Preeminent, in legal ability and ethical... - [What Law Firm Partners Really Want: 5 Things They Say Behind Closed Doors Before Making a Lateral Transition ](https://practus.com/what-law-firm-partners-really-want-5-things-they-say-behind-closed-doors-before-making-a-lateral-transition/): Not just better hours. Not just more money. Here’s what attorneys really talk about when they’re ready to seek new... - [Ask Her Anything: Karen Aspinall Speaking at MFDF Webinar](https://practus.com/ask-her-anything-karen-aspinall-speaking-at-mfdf-webinar/): (Washington, D. C. ) Practus partner Karen Aspinall will bring her extensive experience in regulatory compliance matters to field questions... - [2025 Chambers Ranking For Ryan Cuthbertson](https://practus.com/2025-chambers-ranking-for-ryan-cuthbertson/): Ranks as a Top Boston Healthcare Lawyer (Boston, MA) Chambers and Partners, a leading legal research firm, has ranked Practus... - [Molly Aspan Earns 2025 Chambers Ranking](https://practus.com/molly-aspan-earns-2025-chambers-ranking/): Seven Years and Counting (Tulsa, OK) For the seventh year in a Row, Chambers and Partners has ranked Practus attorney... - [Practus ETF Transactions Featured in Bloomberg](https://practus.com/practus-etf-transactions-featured-in-bloomberg/): (New York City, NY) Bloomberg News published an article about the significant benefits of deferred capital gains when assets flow... - [Timothy Spangler Going Back to the Future at Asset Management Webinar ](https://practus.com/timothy-spangler-going-back-to-the-future-at-asset-management-webinar/): Practus Partner Timothy Spangler will serve as a panelist for a July 10 webinar put on by Investment Company Institute... - [Compliance Deadlines for Small Business Lending Rule Extended ](https://practus.com/compliance-deadlines-for-small-business-lending-rule-extended/): CFPB Issues Final Rule to Implement Section 1071 of Dodd-Frank Act On June 18, 2025, the Consumer Financial Protection Bureau... - [Oops! Behringer Tweaks Klon-Clone Pedal to Triage Trademark Liability Exposure ](https://practus.com/oops-behringer-tweaks-klon-clone-pedal-to-triage-trademark-liability-exposure/): Quick Context Recently I wrote about the trademark and false endorsement case filed by Mr. Bill Finnegan against Behringer. (TL;DR... - [Lululemon Stretches IP Portfolio Against Costco in Lawsuit Asserting Trademark, Trade Dress, and Design Patent Infringement ](https://practus.com/lululemon-stretches-ip-portfolio-against-costco-in-lawsuit-asserting-trademark-trade-dress-and-design-patent-infringement/): If you’ve walked through a Costco recently, you might have done a double-take. Tucked between the giant bags of coffee... - [The Klon Wars (pt.1): Behringer Taunts Guitar Pedal Icon Bill Finnegan, Who Responds with Trade Dress Lawsuit](https://practus.com/the-klon-wars-pt-1-behringer-taunts-guitar-pedal-icon-bill-finnegan-who-responds-with-trade-dress-lawsuit/): My Hot Take: Time for Behringer to Step Up and Settle Behringer needs to settle this case or be okay... - [Six Minutes with... Patrick Clendenen](https://practus.com/six-minutes-with-patrick-clendenen/): 1. How do you define your legal practice and typical clients? I really don’t have a typical client. I’ve represented... - [Approval of Investment Advisory Agreements – Legal Requirements and Best Practices ](https://practus.com/approval-of-investment-advisory-agreements-legal-requirements-and-best-practices/): Practus is proud to team with ISS-Corporate, a leading provider of 15(c) services to boards, for an upcoming webinar: Approval... - [Flexibility Fatigue in Attorneys: When Remote Work Isn’t Enough  ](https://practus.com/flexibility-fatigue-in-attorneys-when-remote-work-isnt-enough/): Remote work is no longer a perk – it’s the expectation. According to recent industry reports, 82% of law firms... - [Pat Clendenen –  2025 Super Lawyer](https://practus.com/pat-clendenen-2025-super-lawyer/): Commercial litigator, Patrick Clendenen has been selected to the 2025 Connecticut Super Lawyers list. Only 5% of attorneys receive this... - [The Heart of the Trail – 7 Ways Practus Builds Culture, Connection, and Community ](https://practus.com/practus-law-firm-culture-community-7-years/): People need connection to grow and succeed. It’s something we understood from day one, and something we talked about long... - [How Mutual Fund-to-ETF Conversions Blazed the Trail to Disrupt the Investment Industry  ](https://practus.com/mutual-fund-to-etf-conversions-practus-legal-team/): You can’t celebrate seven years of blazing the trail without mentioning the team that redefined what’s possible in asset management.... - [How to Level Up Protection of Art in Video Games and Other Software ](https://practus.com/how-to-level-up-protection-of-art-in-video-games-and-other-software/): A Real Time Strategy (RTS) in 3 Levels Believe it or not, creating art for video games or software is... - [Kevin Kercher Schools Students in the Business of Art ](https://practus.com/kevin-kercher-schools-students-in-the-business-of-art/): (St. Louis, MO) Art students go to college to create and develop their craft. So why was Practus attorney Kevin... - [Ray Holst Going Nuclear at Upcoming Forum ](https://practus.com/ray-holst-going-nuclear-at-upcoming-forum/): (Clearwater Beach, FL) Ray Holst will bring his considerable tax law expertise to the annual Nuclear Decommissioning Trust Fund Conference... - [How Do You Know You Need a Commercial Litigator? ](https://practus.com/how-do-you-know-you-need-a-commercial-litigator/): Don’t shoot the messenger, but if you’re asking this question, you probably already need a commercial litigator. The temptation is... - [A Human’s Guide to Generative AI and Copyright Law ](https://practus.com/a-humans-guide-to-generative-ai-and-copyright-law/): As generative AI careens into copyright law, we’ve seen a lot of confusion – including in the courts! That’s why... - [Attorney Spotlights from the Practus Trail: Insight, Innovation, and Independence](https://practus.com/attorney-spotlights-trailblazers/): To understand what makes Practus different, look no further than the attorneys who call it home. As part of our... - [7 Years of Blazing the Trail as a Modern Law Firm ](https://practus.com/7-years-of-blazing-the-trail-as-a-modern-law-firm/): This month marks seven years since Practus first set out on its journey in 2018. That’s seven years of blazing... - [Six Minutes with Dawn Arcos, Recruiter ](https://practus.com/six-minutes-with-dawn-arcos-recruiter/): 1. Practus: Take us on a quick trip down memory lane. How did you get to Practus? (Bonus points for... - [Tim Billick Explores AI’s Increasing Collisions with Copyright Litigation ](https://practus.com/tim-billick-explores-ais-increasing-collisions-with-copyright-litigation/): (Seattle, WA) The King County Bar Association in Washington State is presenting a seminar led by Practus’ Tim Billick :... - [Robert Moreiro’s Warning to Investment Advisors Using Wrap Fee Programs: Review Your Disclosures ](https://practus.com/robert-moreiros-warning-to-investment-advisors-using-wrap-fee-programs-review-your-disclosures/): In a recent edition of Regulatory Compliance Watch, Robert Moreiro offers timely advice for SEC-registered investment advisors involved in wrap... - [Six Minutes with... Mark Belongia](https://practus.com/6-minutes-with-mark-belongia/): I have spent many years in the banking and regulatory space. But I’d say I’m industry agnostic. My legal practice... - [Six Minutes with Stephanie Recupero, VP of Recruiting ](https://practus.com/six-minutes-with-stephanie-recupero-vp-of-recruiting/): A look at the team behind the scenes of Practus, LLP 1. Take us on a quick trip down memory... - [Janet Hallahan’s APProach Hits the Marks ](https://practus.com/janet-hallahans-approach-hits-the-marks/): Great news for a Practus client! As part of her trademark monitoring practice, Practus partner Janet V. Hallahan discovered another... - [1 DON’T and 2 DO’s for Using Amazon’s Report Infringement Tool ](https://practus.com/1-dont-and-2-dos-for-using-amazons-report-infringement-tool/): I just had the opportunity to teach attorneys in the Washington State Bar Association’s Intellectual Property section. We discussed how... - [Top Legal Topics of 2025 ](https://practus.com/top-legal-topics-of-2025/): We’re back again with our annual list of the top legal topics of 2025 that will shape the industry over... - [Women in Law: Insights & Opportunities for Women’s History Month ](https://practus.com/women-in-law-insights-opportunities-for-womens-history-month/): At Practus, we’re committed to highlighting the voices, experiences, and achievements of women attorneys. In honor of Women’s History Month,... - [3 Things College Athletes & Influencers Need to Consider Right Now ](https://practus.com/3-things-college-athletes-influencers-need-to-consider-right-now/): I just spent quite a bit of time with student athletes and social media influencers at Washington State University this... - [FINRA Knocked on their door, Robert Moreiro Helped Them Answer ](https://practus.com/finra-knocked-on-their-door-robert-moreiro-helped-them-answer/): Practus achieved a great result for our client dealing with an investigation by the Financial Industry Regulatory Authority (FINRA). Robert... - [Infringement on Amazon: Tim Billick tells Influencers and Athletes What They Need to Know ](https://practus.com/infringement-on-amazon-tim-billick-tells-influencers-and-athletes-what-they-need-to-know/): (Seattle, WA) Practus IP litigator, Tim Billick is the guest lecturer at Washington State University, March 27, 2025. He will... - [How Practus Clients Benefit From a Distributed Law Firm](https://practus.com/how-practus-clients-benefit-from-a-distributed-law-firm/): Virtual Law Firms are Distributed Law Firms When we talk about the virtual law firm, what we’re really talking about... - [Miami Conference Reminds Us What’s Important ](https://practus.com/miami-conference-reminds-us-whats-important/): Four things we learned at NALSC We are fresh from the 2025 National Association of Legal Search Consultants (NALSC) Miami... - [Labor & Employment Issues to Watch for in 2025 ](https://practus.com/labor-employment-issues-to-watch-for-in-2025/): 2025 ushered in a new administration and a host of executive orders that are creating upheaval, uncertainty, and litigation. With... - [Tim Billick Goes Back to College to Talk NIL and the NCAA ](https://practus.com/tim-billick-goes-back-to-college-to-talk-nil-and-the-ncaa/): (Seattle, WA) It’s a whole new world for student athletes in the wake of the 2021 Supreme Court ruling that... - [Future Ready: Recruiting for Tomorrow’s Modern Law Firms ](https://practus.com/future-ready-recruiting-for-tomorrows-modern-law-firms/): As the legal industry rapidly evolves, law firms must rethink their recruitment strategies to attract and retain top talent. Today’s... - [Karen Aspinall to talk AI at Mutual Fund Directors Forum ](https://practus.com/karen-aspinall-to-talk-ai-at-mutual-fund-directors-forum/): (Washington, D. C. ) Karen Aspinall will bring her expertise to a webinar on artificial intelligence (AI) and Portfolio Management,... - [Ninth Circuit hands Tim Billick victory for client Aquarian Foundation](https://practus.com/ninth-circuit-hands-tim-billick-victory-for-client-aquarian-foundation/): Ruling Clarifies Section 203 of the Copyright Act — The Ninth Circuit Court of Appeals reversed a decision from the... - [The Lawsuit Whose Engine Died and the Victory Lap for Team Practus](https://practus.com/the-lawsuit-whose-engine-died-and-the-victory-lap-for-team-practus/): A big lawsuit about little cars (Los Angeles, CA) A $10M lawsuit brought by a competitor against our client Sunrich... - [Driving Change in 2025 | Innovation within the Modern Law Firm Model ](https://practus.com/driving-change-in-2025-innovation-within-the-modern-law-firm-model/): The start of a new year is always filled with excitement for what’s ahead, and at Practus, 2025 is no... - [Six Minutes with... Andrea Shaw](https://practus.com/six-minutes-with-andrea-shaw/): 1. How do you define your practice and areas of experience: Bank regulatory, payments, consumer finance, privacy with a little... - [Hear Me Out: This Beige Battle is More Nuanced than You Think](https://practus.com/hear-me-out-this-beige-battle-is-more-nuanced-than-you-think/): Gifford v. Sheil (Case No. 1:24-cv-423) presents some tricky issues for content creators. Can you prevail in a lawsuit accusing... - [From political rallies to Wicked at Seattle’s IP meeting](https://practus.com/from-political-rallies-to-wicked-at-seattles-ip-meeting/): At a recent meeting of the Seattle Intellectual Property Chapter of the American Inns of Court, I had the chance... - [Six Minutes with... Tim Billick](https://practus.com/six-minutes-with-tim-billick/): 1. How would you describe your client base and services: I provide patent, trademark, and copyright consulting to protect inventions,... - [Off-White Fight: Influencer Says Another Stole Her Vibe ](https://practus.com/off-white-fight-influencer-says-another-stole-her-vibe/): Two beige-magnet influencers are fighting for their civil whites. Sydney Nicole Gifford, a content creator who promotes products through her... - [Philanthropy and the People of Practus | Part 2](https://practus.com/philanthropy-and-the-people-of-practus-part-2/): In Part 2 of our “Philanthropy and the People of Practus” series, we continue to highlight the inspiring efforts of... - [Court Halts Enforcement of Corporate Transparency Act , DOJ appeals](https://practus.com/court-halts-enforcement-of-corporate-transparency-act/): Updated to reflect Department of Justice appeal and FinCEN response On December 3, 2024, a federal court in Texas issued... - [What US Firms & Investors Should Know About UK Digital Assets Property Bill ](https://practus.com/what-us-firms-investors-should-know-about-uk-digital-assets-property-bill/): Timothy Spangler to Speak at UK Business & Trade Webinar Among other things, the UK’s Digital Assets Property Bill ensures... - [Philanthropy and the People of Practus | Part 1](https://practus.com/philanthropy-and-the-people-of-practus/): At Practus, the passions and commitments of our team extend far beyond the practice of law. Our attorneys and team... - [Robert Elwood to speak at Gabelli Funds Conference ](https://practus.com/robert-elwood-to-speak-at-gabelli-funds-conference/): While others may be gearing up for the holidays, Practus Co-founder, Bob Elwood will be talking ETF conversions. Elwood is... - [Six Minutes with... Chris Colvin](https://practus.com/six-minutes-with-chris-colvin/): 1. How do you define your practice and areas of experience: I litigate Intellectual Property matters for plaintiffs and defendants:... - [Tim Billick to Present at Seattle IP Chapter ](https://practus.com/tim-billick-to-present-at-seattle-ip-chapter/): Copyright Litigation: Politicians’ Other Running Mate (November 21, 2024, Seattle, WA) It didn’t grab as many headlines as other issues,... - [Steven Young Earns Top Martindale-Hubbell Rating](https://practus.com/steven-young-earns-top-martindale-hubbell-rating/): (Los Angeles, CA, November 18, 2025) Steven Young, Head of Litigation at Practus, has received the highest rating from Martindale-Hubbell.... - [Practus: earns Best Law Firms ® of 2025 ](https://practus.com/practus-earns-best-law-firms-of-2025/): Leawood, KS – November 6, 2024 – Practus LLP has been recognized for its excellence and distinguished by Best Law... - [10 Strategies that could prepare you for potential changes to the Federal Estate and Gift Tax](https://practus.com/10-strategies-that-could-prepare-you-for-potential-changes-to-the-federal-estate-and-gift-tax/): As highlighted in our recent Alert, key benefit to families with taxable estates could go away. The Tax Cuts and... - [High Five Newsletter 10/25](https://practus.com/high-five-newsletter-10-25/): Legal news, some illegal. All of it interesting 1. Oh Romeo and Juliet, Nude-Scene Case Closed What plight through yonder... - [Client Alert: The Latest Updates regarding the Corporate Transparency Act](https://practus.com/client-alert-corporate-transparency-act-updates/): Breaking News: Published December 12th, 2024: The Corporate Transparency Act (CTA), enacted in January this year, means most businesses in... - [Why You May Be Losing Out on EU Business Opportunities](https://practus.com/why-you-may-be-losing-out-on-eu-business-opportunities/): Defective GDPR Article 28 contracts derail business If you don’t fully grasp Europe’s General Data Protection Regulation Article 28 (GDPR),... - [Most Investments Advisers Must Establish AML/CFT Programs](https://practus.com/most-investments-advisers-must-establish-aml-cft-programs/): On August 28, 2024, the Financial Crimes Enforcement Network (FinCEN) issued new rules targeting illicit finance risks in the investment... - [High Five Newsletter 10/18](https://practus.com/high-five-newsletter-10-18/): Legal news, some illegal. All of it interesting 1. Dragon Ball Zoiks! Woman Sues Over Spicy Dish Pro tip: If... - [Court Says Couple Injured in a Crash Can’t Sue Uber. Steve Young Says That Stinks](https://practus.com/court-says-couple-injured-in-a-crash-cant-sue-uber-steve-young-says-that-stinks/): Extra pepperoni, hold the constitutional rights A New Jersey couple suffered serious injuries in 2022 when their Uber driver ran... - [Ray Holst is headed to the Summit – Ultimus’ Client Summit ](https://practus.com/ray-holst-is-headed-to-the-summit-ultimus-client-summit/): (Dallas, TX) Deep in the heart of Texas, Practus partner, Ray Holst is speaking at the Ultimus Registered Funds 2024... - [CAFC Clarifies that Patent Claim Construction is a Legal Question Subject to a Motion to Dismiss ](https://practus.com/cafc-clarifies-that-patent-claim-construction-is-a-legal-question-subject-to-a-motion-to-dismiss/): Construing patent claims can be hard. Most of the time you will need to read the entire patent to begin... - [Legal Insights from Experienced Attorneys to Help You Stay Up to Date ](https://practus.com/legal-insights-from-experienced-attorneys-to-help-you-stay-up-to-date/): In this roundup of the latest Practus legal insights, our attorneys cover some of the most pressing legal issues of... - [High Five Newsletter 10/11](https://practus.com/high-five-newsletter-10-11/): Legal news, some illegal. All of it interesting 1. Blame It on the Alcohol – GA Mayor Accused of Supplying... - [CAFC Rules Crocs May Be Held Liable for Misleading Consumers ](https://practus.com/cafc-rules-crocs-may-be-held-liable-for-misleading-consumers/): Crocs sues for Patent Infringement (Seattle, WA) Don’t lie about your products. (We need to be reminded about this, apparently.... - [CA’s AI Safety Bill is dead. Now what?](https://practus.com/cas-ai-safety-bill-is-dead-now-what/): Building a safe environment that doesn’t stifle innovation is the eternal struggle of BigTech regulation. The dilemma’s never been more... - [Tim Spangler’s guide for Investment Advisers on Smart Contracts, Blockchains and Technological Disruption ](https://practus.com/tim-spanglers-guide-for-investment-advisers-on-smart-contracts-blockchains-and-technological-disruption/): Smart Contracts are a new generation of computer programs that execute transactions on networks of computers called blockchains without the... - [High Five Newsletter 10/4](https://practus.com/high-five-newsletter-10-4/): Legal news, some illegal. All of it interesting 1. Lambslide: Rancher Jailed for Cloning Giant Sheep An 81-year-old Montana rancher... - [2 Reasons You Should Absolutely Review Your Estate And Tax Plans Now](https://practus.com/2-reasons-you-should-absolutely-review-your-estate-and-tax-plans-now/): As 2024 winds its way down, substantial changes to federal tax rates and exemptions could be on the horizon. The... - [Embracing Life’s Changes: How a Modern Law Firm Model Adapts with You ](https://practus.com/embracing-lifes-changes-how-a-modern-law-firm-model-adapts-with-you/): Routines set the stage for our daily lives, providing structure to keep us focused and productive. For some, the day... - [High Five Newsletter 9/27](https://practus.com/high-five-newsletter-9-27/): Legal news, some illegal. All of it interesting 1. Darth Days for Star Wars-Named Kid Seeking Passport The empire struck... - [Practus LLP Hedge Fund Services ](https://practus.com/practus-llp-hedge-fund-services/): Hedge funds have always attracted investment professionals looking to go out on their own. What’s not to like? It offers... - [The Scramble To Adapt Laws and Regulation To AI](https://practus.com/the-scramble-to-adapt-laws-and-regulation-to-ai/): If an AI-powered drone crashes into a building, who’s liable? The drone manufacturer, the software developer that gave the drone... - [High Five Newsletter 9/20](https://practus.com/high-five-newsletter-9-20/): Legal news, some illegal. All of it interesting 1. Why Disney Can’t Kill Paraguay Mickey Paraguayans love Mickey, a smiling... - [2 Reasons Steven Young Says the Tiffany & Co. Engagement Ring Case Doesn’t Shine](https://practus.com/2-reasons-steven-young-says-the-tiffany-co-engagement-ring-case-doesnt-shine/): When this diamond ring doesn’t shine for you anymore, when this diamond ring doesn’t mean what it meant before,* in... - [High Five Newsletter 9/13](https://practus.com/high-five-newsletter-9-13/): Legal news, some illegal. All of it interesting 1. School Food Chief Doing Funky Chicken to Prison New York City’s... - [High Five Newsletter 9/6](https://practus.com/high-five-newsletter-9-6/): Legal news, some illegal. All of it interesting 1. The Grinch Who Stole Christmas – Venezuelan Version Venezuelans, crying deception,... - [Top Legal Topics of 2024 - Midyear Review ](https://practus.com/top-legal-topics-of-2024-midyear-review/): We kicked off the year by predicting the top 5 legal topics of 2024 that would be making waves across... - [High Five Newsletter 8/29](https://practus.com/high-five-newsletter-8-29/): Legal news, some illegal. All of it interesting 1. Polly Wanna Smack Her? Pet Parrots Eviction Battle Legal eagles brought... - [Six Minutes with... Robert Moreiro](https://practus.com/six-minutes-with-robert-moreiro/): 1. How do you define your practice and areas of experience: I have over 20 years of considerable experience in... - [Here Come the Copyright Infringement Suits: How the Warner Chappell Music v. Nealy Case Made the “Discovery Rule” Critical in Determining When to Bring Your Case](https://practus.com/here-come-the-copyright-infringement-suits-how-the-warner-chappell-music-v-nealy-case-made-the-discovery-rule-critical-in-determining-when-to-bring-your-case/): When do you need to bring a copyright infringement claim before you lose the right? Under the U. S. Code,... - [High Five Newsletter 8/23](https://practus.com/high-five-newsletter-8-23/): Legal news, some illegal. All of it interesting 1. Witches Cast Spells, Lawyers Cast Confusion With respect to any and... - [Noncompete Agreement Ban Struck Down](https://practus.com/noncompete-agreement-ban-struck-down/): FTC told it exceeded its authority A federal judge in Texas has barred the Federal Trade Commission from enforcing a... - [Practus Attorneys Named “Best Lawyers” and “Ones to Watch” by Their Peers](https://practus.com/practus-attorneys-named-best-lawyers-and-ones-to-watch-by-their-peers/): (Kansas City, KS): Six Practus attorneys across several practice areas have received the Best Lawyers award from one of the... - [High Five Newsletter 8/16](https://practus.com/high-five-newsletter-8-16/): Legal news, some illegal. All of it interesting 1. Sundae Bloody Sundae: Ice Cream Museum Sued A visitor to New... - [Law Firm Culture Highlights of the Year (…so far)  ](https://practus.com/law-firm-culture-highlights-of-the-year-so-far/): Since we launched in 2018, building a strong law firm culture has been at the heart of Practus. Even back... - [High Five Newsletter 8/9](https://practus.com/high-five-newsletter-8-9/): Legal news, some illegal. All of it interesting 1. Mattel’s Not Playing Around, Beats Idea Theft Suit A TV producer... - [3 Reasons Molly Aspan Predicts L & E Lawyers Will Be Slammed](https://practus.com/3-reasons-molly-aspan-predicts-l-e-lawyers-will-be-slammed/): Labor and Employment attorneys can expect to be busy in 2025 because of several changes in 2024. But here are... - [Landmark Google Antitrust Ruling explained](https://practus.com/landmark-google-antitrust-ruling-explained/): Judge rules “Google is a monopolist” A federal judge ruled on Monday that Google violated Section 2 of the Sherman... - [4 Things Linda Priebe Says Are Driving the AI and Data Privacy/Protection Frenzy](https://practus.com/4-things-linda-priebe-says-are-driving-the-ai-and-data-privacy-protection-frenzy/): Legal changes on blast Legal developments regarding high-risk data privacy/protection are blasting out like fire hydrants in the U. S.... - [Advancing Women in Law: Progress, Challenges, and Opportunities ](https://practus.com/advancing-women-in-law-progress-challenges-and-opportunities/): In recent years, the legal profession has seen significant strides in advancing gender equality and fostering an inclusive environment for... - [High Five Newsletter 8/2](https://practus.com/high-five-newsletter-8-2/): Legal news, some illegal. All of it interesting 1. HOA Puts Squeeze on Kids’ Lemonade Stand Deep in a Colorado... --- ## Attorneys - [Dmitry Kunitsa](https://practus.com/attorney/dmitry-kunitsa/) - [Maxi C. Lyons](https://practus.com/attorney/maxi-c-lyons/) - [Elaine Gao](https://practus.com/attorney/elaine-gao/) - [Kevin M. Kercher](https://practus.com/attorney/kevin-m-kercher/) - [Lisa A. Bell](https://practus.com/attorney/lisa-a-bell/) - [Tanya G. Foreman](https://practus.com/attorney/tanya-g-foreman/) - [Scott Lloyd](https://practus.com/attorney/scott-lloyd/) - [David Thompson](https://practus.com/attorney/david-thompson/) - [Perri Melnick](https://practus.com/attorney/perri-melnick/) - [Tim J. Billick ](https://practus.com/attorney/tim-j-billick/) - [William R. Firth](https://practus.com/attorney/william-r-firth-iii/) - [Timothy A. Spangler ](https://practus.com/attorney/timothy-a-spangler/) - [Chris Colvin](https://practus.com/attorney/chris-colvin/) - [John Cardinal Parks](https://practus.com/attorney/john-cardinal-parks/) - [Mark D. Belongia](https://practus.com/attorney/mark-d-belongia/) - [Patrick J. Keating ](https://practus.com/attorney/patrick-j-keating/) - [Robert J. Rhatigan](https://practus.com/attorney/robert-j-rhatigan/) - [John G. Lubitz](https://practus.com/attorney/john-g-lubitz/) - [Ryan J. Cuthbertson](https://practus.com/attorney/ryan-j-cuthbertson/) - [Jill Zimmerman Holub](https://practus.com/attorney/jill-zimmerman-holub/) - [Deb Matties](https://practus.com/attorney/deb-matties/) - [Chris P. Hayes](https://practus.com/attorney/chris-p-hayes/) - [Linda V. Priebe](https://practus.com/attorney/linda-v-priebe/) - [Brian W. Grimm](https://practus.com/attorney/brian-w-grimm/) - [Patrick T. Clendenen](https://practus.com/attorney/patrick-clendenen/) - [Raymond Holst](https://practus.com/attorney/ray-holst/) - [Gregg A. Kinney](https://practus.com/attorney/gregg-a-kinney/) - [Adam Sultan](https://practus.com/attorney/adam-sultan/) - [Randy Legg](https://practus.com/attorney/randy-legg/) - [Sana Swe](https://practus.com/attorney/sana-swe/) - [Tiffany Christianson](https://practus.com/attorney/tiffany-christianson/) - [Thomas G. Sheehan](https://practus.com/attorney/thomas-g-sheehan/) - [Leslie R. Katz](https://practus.com/attorney/leslie-katz/) - [Andrew Heger](https://practus.com/attorney/andrew-heger/) - [Robert Hebron](https://practus.com/attorney/robert-hebron/) - [J. Stephen King](https://practus.com/attorney/stephen-j-king-jr/) - [Soledad Lamas](https://practus.com/attorney/soledad-lamas/) - [Christopher J. Lange](https://practus.com/attorney/christopher-j-lange/) - [Duane H. Mathiowetz](https://practus.com/attorney/duane-h-mathiowetz/) - [Diane B. Melnick](https://practus.com/attorney/diane-b-melnick/) - [Steven E. Young](https://practus.com/attorney/steven-e-young/) - [Andrea J. Shaw](https://practus.com/attorney/andrea-j-shaw/) - [John C. Swhear](https://practus.com/attorney/john-c-swhear/) - [John F. Ramirez](https://practus.com/attorney/john-f-ramirez/) - [Richard Pasquier](https://practus.com/attorney/richard-pasquier/) - [Jorge O'Reilly](https://practus.com/attorney/jorge-oreilly/) - [Robert Moreiro](https://practus.com/attorney/robert-moreiro/) - [Kirk A. Montgomery](https://practus.com/attorney/kirk-a-montgomery/) - [Robert Fried](https://practus.com/attorney/robert-fried/) - [Robert Elwood](https://practus.com/attorney/robert-elwood/) - [Steven G. Cravath](https://practus.com/attorney/steven-g-cravath/) - [Jesse J. Camacho](https://practus.com/attorney/jesse-j-camacho/) - [Wade Bridge](https://practus.com/attorney/wade-bridge/) - [Janet V. Hallahan](https://practus.com/attorney/janet-v-hallahan/) - [John H. Lively](https://practus.com/attorney/john-h-lively/) - [Molly Aspan](https://practus.com/attorney/molly-aspan/) - [Tina H. Bloom](https://practus.com/attorney/tina-h-bloom/) - [Elliot Belilos](https://practus.com/attorney/elliot-belilos/) - [Karen A. Aspinall](https://practus.com/attorney/karen-aspinall/) --- ## Practice Areas - [Exchange-Traded Funds (ETFs)](https://practus.com/practice-areas/exchange-traded-funds-etfs/) - [Trademark & Copyright](https://practus.com/practice-areas/trademark-and-copyright/) - [Investment Management & Advisory Services](https://practus.com/practice-areas/investment-management-advisory/) - [Blockchain](https://practus.com/practice-areas/blockchain/) - [Broker-Dealer](https://practus.com/practice-areas/broker-dealer/) - [Patent Litigation](https://practus.com/practice-areas/patent-litigation/) - [Patent Prosecution](https://practus.com/practice-areas/patent-prosecution/) - [Regulatory Law & Government Contracts](https://practus.com/practice-areas/regulatory-law-government-contracts/) - [Securities Enforcement & Regulation](https://practus.com/practice-areas/securities-enforcement-regulation/) - [Intellectual Property Litigation](https://practus.com/practice-areas/intellectual-property-litigation/) - [Litigation](https://practus.com/practice-areas/litigation/) - [Executive Compensation](https://practus.com/practice-areas/executive-compensation/) - [Delaware Law](https://practus.com/practice-areas/delaware-law/) - [U.S. Food and Drug (FDA)](https://practus.com/practice-areas/u-s-food-and-drug-fda/) - [Emerging Technologies](https://practus.com/practice-areas/emerging-technologies/) - [Mergers & Acquisitions](https://practus.com/practice-areas/mergers-acquisitions/) - [Bankruptcy and Creditor's Rights](https://practus.com/practice-areas/bankruptcy-and-creditors-rights/) - [Complex Litigation & Class Actions](https://practus.com/practice-areas/complex-litigation-class-actions/) - [Intellectual Property Law](https://practus.com/practice-areas/intellectual-property/) - [Healthcare Law](https://practus.com/practice-areas/healthcare/) - [Appellate Law](https://practus.com/practice-areas/appellate-law/) - [Commercial & Complex Litigation](https://practus.com/practice-areas/commercial-litigation/) - [Consumer Product Safety & Risk Management](https://practus.com/practice-areas/consumer-product-safety-risk-management/) - [Construction Litigation](https://practus.com/practice-areas/construction-litigation/) - [Corporate Services Law](https://practus.com/practice-areas/corporate-services/): Practus provides comprehensive and integrated corporate counsel and advice to businesses of all sizes and at all stages. Our diverse... - [Entertainment Law](https://practus.com/practice-areas/entertainment-law/) - [Financial Services](https://practus.com/practice-areas/financial-services/) - [Government Liability & Civil Rights](https://practus.com/practice-areas/government-liability-civil-rights/) - [Alternate Dispute Resolution](https://practus.com/practice-areas/alternate-dispute-resolution/) - [Insurance Law](https://practus.com/practice-areas/insurance/) - [Labor & Employment](https://practus.com/practice-areas/labor-employment/) - [Outsourced General Counsel](https://practus.com/practice-areas/outsourced-general-counsel/) - [Privacy & Cybersecurity Law](https://practus.com/practice-areas/privacy-cybersecurity/) - [Real Estate Law](https://practus.com/practice-areas/real-estate-law/) - [Tax Law](https://practus.com/practice-areas/tax/) - [Technology & Commercial Transactions Law](https://practus.com/practice-areas/technology-and-commercial-transactions/) - [Trusts & Estates](https://practus.com/practice-areas/trusts-estates/) --- ## Industries - [Banking & Financial Management](https://practus.com/industries/banking-financial-management/) - [Consumer Goods & Commerce](https://practus.com/industries/consumer-goods-commerce/) - [Energy & Natural Resources](https://practus.com/industries/energy-natural-resources/) - [Healthcare & Life Sciences](https://practus.com/industries/healthcare-life-sciences/) - [Industrial Manufacturing](https://practus.com/industries/industrial-manufacturing/) - [Media & Entertainment](https://practus.com/industries/media-entertainment/) - [Startups & Emerging Companies](https://practus.com/industries/startups-emerging-companies/) - [Technology Industry](https://practus.com/industries/technology-industry/) --- # # Detailed Content ## Pages - Published: 2022-03-22 - Modified: 2025-05-05 - URL: https://practus.com/community-and-culture/ Practus Playlist https://open. spotify. com/playlist/1fWcQpZhzVIX5oLkrz5kYl? go=1&sp_cid=21e068a70e62c6a82c7b2c07d8796d1b&nd=1 Tune in to our very own Practus Playlist made up of favorite songs and artists from our team! You may have noticed we list our favorite songs in our bio pages, so clearly music is important to us. And what better way to get to know someone, than to listen to the music that’s important to them. Our partners and team members are encouraged to share songs to our “Practus Playlist” listed on Spotify. You can start listening right now! --- - Published: 2021-11-15 - Modified: 2024-02-12 - URL: https://practus.com/the-guide-to-practicing-law-virtually/ Get the 10 Step Guide to Start Practicing Law Virtually The 10 step guide will give you the information needed to launch your career as a virtual lawyer. Fill out the form to get the checklist today. hbspt. forms. create({ region: "na1", portalId: "4961937", formId: "b07d7056-e051-4389-9339-9684a9868abb" }); --- - Published: 2021-11-14 - Modified: 2024-02-12 - URL: https://practus.com/disclaimer/ ADVERTISING DISCLAIMER Legal Notice Practus, LLP operates as a Delaware limited liability partnership. Practus, LLP’s U. S. state law practice is limited to the states in which Practus lawyers are members of the state bars. The jurisdictions in which each of our attorneys is licensed to practice are indicated in the individual attorney biographies on this website. The ability of any attorney to engage in any activities on behalf of a client outside that attorney’s states of licensure is subject to state statutes, professional codes, and court rules. Practus, LLP does not seek, and this website is not intended to solicit, legal employment outside our attorneys’ states of licensure that would constitute the unauthorized practice of law. 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The content of any Internet e-mail sent to Practus, LLP or any of its lawyers at the e-mail addresses set forth on this website will not create... --- - Published: 2021-09-04 - Modified: 2024-02-12 - URL: https://practus.com/news/ Get Practus News direct to your inbox! var gform;gform||(document. addEventListener("gform_main_scripts_loaded",function{gform. scriptsLoaded=! 0}),document. addEventListener("gform/theme/scripts_loaded",function{gform. themeScriptsLoaded=! 0}),window. addEventListener("DOMContentLoaded",function{gform. domLoaded=! 0}),gform={domLoaded:! 1,scriptsLoaded:! 1,themeScriptsLoaded:! 1,isFormEditor:=>"function"==typeof InitializeEditor,callIfLoaded:function(o){return! (! gform. domLoaded||! gform. scriptsLoaded||! gform. themeScriptsLoaded&&! gform. isFormEditor||(gform. isFormEditor&&console. warn("The use of gform. initializeOnLoaded is deprecated in the form editor context and will be removed in Gravity Forms 3. 1. 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GF_AJAX_POSTBACK'). html;if(! confirmation_content){confirmation_content = contents;}jQuery('#gform_wrapper_5'). replaceWith(confirmation_content);jQuery(document). scrollTop(jQuery('#gf_5'). offset. top - mt);jQuery(document).... --- - Published: 2021-09-03 - Modified: 2024-02-12 - URL: https://practus.com/contact-us/ Questions About Practus Marketing? Check out our Advertising Disclaimer here. --- - Published: 2021-06-09 - Modified: 2024-02-12 - URL: https://practus.com/privacy-policy/ PRACTUS PRIVACY POLICY Practus LLP operates this website and has created this Privacy Policy to inform you of Our collection, use and sharing practices for information that we collect from you through Our Services. This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website. What personal information do we collect from the people that visit our website? When wanted to contact us, you may be asked to enter your name, email address, mailing address, phone number or other details to help you us connect with you. When do we collect information? We collect information from you when you enter the information by filling out a form or enter information on our site. How do we use your information? We may use the information we collect from you when you register, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: To personalize your experience and to allow us to deliver the type of content in which... --- --- ## Posts - Published: 2025-08-06 - Modified: 2025-08-06 - URL: https://practus.com/six-minutes-with-andrew-heger/ 1. How do you define your legal practice and typical clients? Increasingly, my legal practice focuses on estate planning, estate administration (probate and trust) and estate litigation. That's now about 50% of it. Another 30% is employment litigation, which is what I began my career doing. The last 20% is a grab-bag of zany, all-purpose "I have a really weird problem that requires a lawyer" stuff. I really enjoy the flexibility to take on what projects I want and to pass on those I don't. I try not to take on cases I don't authentically believe in or where I don't think I can deliver a positive and cost-effective outcome, and that's not a luxury you have at most law firms. 2. Tell us about your legal career journey. What made you become a lawyer and how did you land at Practus? I became a lawyer because I had fantastic grades in college and a great LSAT score, so my law school options looked a lot more attractive than my work options. It was certainly not my plan from when I was a little kid. And the plan when you were a little kid? Mookie Betts currently has that job. 3. What is your definition of professional success? My definition of professional success is satisfied clients and a steady stream of "I got your number from... " referrals from those clients. The nature of my practice is such that there is very little repeat business, so it's both a great... --- - Published: 2025-08-05 - Modified: 2025-08-05 - URL: https://practus.com/six-minutes-with-steven-young/ 1. How do you define your legal practice and typical? Broad scope of business and commercial litigation, including “soft” intellectual property, real estate, entertainment (film & TV) and commercial activities, mostly in California. Typical clients are mid-sized businesses and successful entrepreneurs. 2. Tell us about your legal career journey. What made you become a lawyer and how did you land at Practus? I was a car crazy teenager and started drag (OK street) racing at 16 in my third year of high school. My plan was to become an automotive racing engineer, but I hit a speedbump known as higher math (trigonometry). Actually, it was a straight-up wall and law seemed interesting, so I switched course. My interest in law was based only on TV shows, that came nowhere close to reality. Luckily, law turned out to be a great career choice. I am now in my 51st year of practicing with no plans to retire. So, do you still have a lead foot while driving? Not that I will admit to! But if traffic is moving quickly, I stay up with it. 3. What about the Practus model serves you as a legal professional, and as a person? The perfect blend of independence, while having a great group of partners and a superb administrative staff supporting us. The economic model has worked extremely well for me, and I appreciate the forward thinking of the firm’s management. It allows me to practice ethically and earn a comfortable living. 4. What... --- - Published: 2025-08-04 - Modified: 2025-08-04 - URL: https://practus.com/practus-etf-team-helps-wealth-adviser-bring-billionaire-tax-trick-to-millionaires/ Bloomberg News profiles Practus Client Alpha Architect Alpha Architect, long-time Practus client, is disrupting the registered fund industry again and Bloomberg News is noticing. In a recent article, journalist Justina Lee shines a spotlight on Wes Gray and his firm, Alpha Architect LLC’s “increasingly creative use of exchange-traded funds” along with its launch of AAUS, a $446M ETF that could change everything. An ETF for the People Practus' ETF Team, Robert Elwood, Karen Aspinall, and Ray Holst are the legal advisors behind Alpha Architect’s innovative fund formations. They helped Alpha Architect pioneer the first 351 conversions, bringing never-before-seen tax efficiencies to ultra-high net worth individuals. And they’ve been working with the ETF Architect team for almost a year on AAUS. But this ETF isn’t just billionaires. Ray Holst says, " Exchange funds present a variety of disadvantages such as the long lockup period. Similarly, section 351 transactions present challenges such as the diversification requirement. With this innovative hybrid structure, we managed to ameliorate or eliminate these disadvantages. " Read the Bloomberg Article Gray says his goal is to become the market leader in ETFs. Practus has been and will be there every step of the way. You can read the entire Bloomberg article here. AAUS ArticleDownload --- - Published: 2025-08-04 - Modified: 2025-08-04 - URL: https://practus.com/steven-young-peer-rated-highest-level/ Martindale-Hubbell, a global attorney rating network has given Steven Young its highest rating, AV Preeminent, in legal ability and ethical standards. This is MH’s highest rating and reflects confidential opinions procured from members of the Bar and Judiciary. Young says, “One of my key goals in being a litigator throughout my 51-year career is not only to staunchly advocate for my clients, but to do so in an ethical and professional manner, earning the respect of my colleagues, opposing counsel and the judiciary. This recognition means I have achieved that goal. It is very meaningful to me and deeply appreciated. ” Martindale Hubbell Client Review Ratings come from individuals who have either consulted with or hired the lawyer or law firm. --- - Published: 2025-07-31 - Modified: 2025-08-04 - URL: https://practus.com/what-law-firm-partners-really-want-5-things-they-say-behind-closed-doors-before-making-a-lateral-transition/ Not just better hours. Not just more money. Here’s what attorneys really talk about when they’re ready to seek new law partner opportunities and make that lateral transition.   Following a 14% increase in lateral partner-level hires at firms over the last year, there’s no shortage of recruitment offers. Attorneys’ inboxes are filled with promises of flexibility, higher compensation, and better culture. But behind closed doors (when we take a hard look at why so many attorneys are even considering new law partner opportunities), it’s about more than standard offers.   At Practus, we’ve heard it all. And when attorneys are honest about what they want in a law firm, five themes continue to rise to the top:  1. Autonomy Over Billing Practices  Most seasoned partners have long since mastered the billable hour, yet many are frustrated by how limited their options are beyond it. Firms that rely on rigid billing models often miss opportunities to best serve their clients and, in turn, their attorneys.   Law firm partners want the ability to:  Craft alternative fee arrangements  Tailor invoices to specific client needs  Focus on value, not only hours billed  Whether it's a flat fee for a repeat matter or a success-based model for complex litigation, they’re looking for a smarter, more sustainable way to price their services.   The key isn’t to abandon structure; it’s to offer more autonomy in how it’s applied.   2. Predictable and Better Metrics  One of the most common frustrations partners share before making... --- - Published: 2025-07-22 - Modified: 2025-07-23 - URL: https://practus.com/ask-her-anything-karen-aspinall-speaking-at-mfdf-webinar/ (Washington, D. C. ) Practus partner Karen Aspinall will bring her extensive experience in regulatory compliance matters to field questions at an MFDF webinar: Ask Anything – AI Edition. The webinar, 11am (ET) on July 24, 2025, is the final one in a series about the use of generative AI in portfolio management, back-office operations, and in the board room. Aspinall says this discussion is specifically for independent directors and Chief Compliance Officers of registered funds. “It’s a great chance for participants to come back and ask in-depth questions about topics we’ve discussed in the series. ” You can learn more about the webinar here. --- - Published: 2025-07-22 - Modified: 2025-07-23 - URL: https://practus.com/2025-chambers-ranking-for-ryan-cuthbertson/ Ranks as a Top Boston Healthcare Lawyer (Boston, MA) Chambers and Partners, a leading legal research firm, has ranked Practus partner, Ryan Cuthbertson for Healthcare Law in Massachusetts (Band 3). Such a ranking means Cuthbertson is considered to be among the top 2% of practitioners in his practice area. This is the second consecutive year Cuthbertson has earned a Chambers ranking. Researchers cite his stellar reputation among an expansive client base as well as his expertise in M&A and regulatory compliance. 2nd Year in a Row – Just as Sweet He says, “I’m proud to be recognized again, but mostly I’m grateful for the trust of our remarkable clients who make this work purposeful and exciting as they constantly strive to expand access to healthcare and improve the experience of their ultimate customers. ” Chambers: The Mark that Matters A Chambers ranking holds special prestige. Its in-depth research team analyzes lawyers and law firms across more than 200 jurisdictions and bases rankings on independent and impartial intelligence and market insight. Cuthbertson has worked with a multitude of businesses in the healthcare space including pharmacies, laboratories, hospital systems, medical groups, telehealth start-ups and much more. He has extensive experience in all manner of transactional, operational, and compliance matters in the healthcare industry. --- - Published: 2025-07-22 - Modified: 2025-07-31 - URL: https://practus.com/molly-aspan-earns-2025-chambers-ranking/ Seven Years and Counting (Tulsa, OK) For the seventh year in a Row, Chambers and Partners has ranked Practus attorney Molly Aspan for Labor and Employment law in Oklahoma for 2025 (Band 3). The ranking signifies that Aspan is a leading lawyer in her practice area. Chambers produces international rankings for the top 2% of lawyers and law firms across 200 districts. Prestigious Ranking Based on Research Lawyers who earn a Chambers ranking do so based on extensive analytics and research. Chambers interviews clients and colleagues of nominated attorneys. In ranking Aspan, Chambers cited her deep experience advising and counseling employers on employee issues, employment litigation and administrative proceedings as well as her role in helping clients develop policies, implement them, and handle investigations. Ranking Means Clients Like her Approach Aspan says “I have always acted as a close advisor to my clients’ management teams. A seventh Chambers ranking affirms to me that my clients appreciate the work I do with them and for them. It’s really an honor. ” Molly Aspan is based in Oklahoma and practices Labor and Employment. In addition to advising and counseling employers, she also has extensive experience litigating trade secret cases and covenant not to compete or solicit across a wide range of industries. --- - Published: 2025-07-22 - Modified: 2025-07-25 - URL: https://practus.com/practus-etf-transactions-featured-in-bloomberg/ (New York City, NY) Bloomberg News published an article about the significant benefits of deferred capital gains when assets flow into exchange-traded funds (ETFs) through what’s known as a 351 conversion. Of the ten transactions highlighted in the article, Practus’ team has completed half of them. Robert Elwood says it’s confirmation that he and his Practus colleagues, John Lively, Karen Aspinall, Ray Holst, Wade Bridge, and Tina Bloom, are pioneers in a field that has transformed the investment management industry. Elwood adds, “We and our clients (ETF Architect, Alpha Architect, and Ultimus Fund Solutions) have completed 100 Section 351 transactions. I suspect we are, by far, the leading law firm in this area. ” You can read the article here: Capital Gains Vanish Into BlacDownload --- - Published: 2025-07-08 - Modified: 2025-07-08 - URL: https://practus.com/timothy-spangler-going-back-to-the-future-at-asset-management-webinar/ Practus Partner Timothy Spangler will serve as a panelist for a July 10 webinar put on by Investment Company Institute (ICI): The Digital Future of Asset Management: Current State and Regulatory Landscape. Tim and the other panelists will discuss the transformative technologies, such as AI and blockchain, that are shaping the future of assets management. He says, “This is an area we’re seeing a flurry of regulatory activity in many global jurisdictions. Among other things, we’ll explore the key legal and regulator hurdles facing asset managers who want to adopt blockchain, such as the tokenization of assets or use of smart contracts. ” Join us on 10 July, at 8:30–10:00 a. m. EDT / 2:30–4:00 p. m. CEST / 8:30–10:00 p. m. SGT+HKT, for this 90-minute webinar. You can register here exploring the Digital Future of Asset Management: Current State and Regulatory Landscape. You can register here. --- - Published: 2025-07-08 - Modified: 2025-07-08 - URL: https://practus.com/compliance-deadlines-for-small-business-lending-rule-extended/ CFPB Issues Final Rule to Implement Section 1071 of Dodd-Frank Act On June 18, 2025, the Consumer Financial Protection Bureau (CFPB) extended small business lending rule compliance deadlines. The small business lending rule amended Regulation B of the Equal Credit Opportunity Act pursuant to Section 1071 of the Dodd Frank Act or the 1071 Rule. Litigation involving the CFPB delayed the original rule’s compliance deadlines in 2024. Although the litigation resolved in May of 2024, the CFPB just updated the compliance dates this month. Here is a chart showing the new compliance deadlines as well as the previous changes: Compliance Tier 2023 Original Compliance Date 2024 Interim Final Rule Compliance Dates 2025 Interim Final Rule Compliance Date New First Filing Deadline Highest Volume (Tier 1) October 1, 2024 July 18, 2025 July 1, 2026 June 1, 2027 Moderate Volume (Tier 2) April 1, 2025 January 16, 2026 January 1, 2027 June 1, 2028 Smallest Volume (Tier 3) January 1, 2026 October 18, 2026 October 1, 2027 June 1, 2028  The 1071 rule faces intense debate in Congress. Efforts to refine or possibly repeal the rule are ongoing. We’ll keep you updated on any changes. --- - Published: 2025-07-08 - Modified: 2025-07-08 - URL: https://practus.com/oops-behringer-tweaks-klon-clone-pedal-to-triage-trademark-liability-exposure/ Quick Context Recently I wrote about the trademark and false endorsement case filed by Mr. Bill Finnegan against Behringer. (TL;DR ... Behringer made a pedal called "Centaur" that is alleged to infringe Finnegan's world famous Klon pedal called ... "Centaur. " And those accused pedals are also alleged to have violated Finnegan's trade dress rights and his personal rights of publicity. ) Change is a Good Thing? Sometime around mid-June 2025, Behringer changed its CENTAUR pedal to CENTARA. Also, Behringer added BEHRINGER on the front of the pedal. Behringer also did a lot to embellish the new Centara logo itself, by adding more detail. But literally everything else about the pedal is the same (knobs, color, chassis, label, etc. ). Image Credit: Behringer. com What does this mean for the case? Damages might get capped to the date when Behringer changed the name from Centaur to Centara. This sort of change could be used to show "bad faith" to actually inflate the remaining damages claims. As the plaintiff's attorney, I would (hypothetically) argue that this whole pedal launch was a publicity stunt for Behringer who normally cranks out knockoff pedals without much splash. This will make the exercise of calculating damages more annoying and more expensive for the plaintiff's team because you'll have to distinguish between the Behringer Centaur and the Centara. As I stated in my first post, I think Behringer has a meritorious claim that Finngean abandoned the Centaur logo, thus limiting the case to trade dress and... --- - Published: 2025-07-03 - Modified: 2025-07-03 - URL: https://practus.com/lululemon-stretches-ip-portfolio-against-costco-in-lawsuit-asserting-trademark-trade-dress-and-design-patent-infringement/ If you’ve walked through a Costco recently, you might have done a double-take. Tucked between the giant bags of coffee and discounted TVs, you may have spotted activewear that looks, well, familiar. Lululemon thinks that certain activewear at Costco are not as they SEAM (the pun will make sense if you skim the complaint): Photo credit from the complaint. I should teach a class on graphics for lawyers. MS paint much? Sheesh. Lululemon’s Warrior Pose Lululemon, a titan of high-end athleisure, has officially fired back. In a new lawsuit filed in the Central District of California, Lululemon is accusing wholesale giant Costco of selling a range of "dupes" and "knockoffs" that infringe its trademarks, trade dress, and design patents (along with other state law claims that we won't get into here). The complaint reads like a declaration of war in the ongoing battle against fashion dupes, even citing a Washington Post article titled, “Is That Hoodie a Lululemon or a Costco Dupe? No One Has to Know But You. ” Lululemon seems upset. Let's break down the claims and see if Costco has a legal leg to stand on. The Battleground: What Products are in the Crosshairs? This isn't just about one product. Lululemon is coming out swinging, protecting several of its crown jewels. Lululemon's DEFINE® Jacket: Famous for its flattering, body-contouring seams: Photo from the complaint Lululemon's SCUBA® Hoodie: The ubiquitous oversized hoodie with its unique kangaroo pocket and seam details: Photo from the complaint Lululemon's ABC Pants: The... --- - Published: 2025-06-30 - Modified: 2025-07-03 - URL: https://practus.com/the-klon-wars-pt-1-behringer-taunts-guitar-pedal-icon-bill-finnegan-who-responds-with-trade-dress-lawsuit/ My Hot Take: Time for Behringer to Step Up and Settle Behringer needs to settle this case or be okay with losing a lot of money. Here's why you need to bring in IP counsel at the product design stage! Read on. Here's the complaint. Quick Facts: Bill Finnegan started making his Klon Centaur pedals in the early 1990s. The Klons were (and are) considered to be the holy grail for luscious overdrive that does not require the user to push their amp to impossibly loud levels. More on how he did this can be found in this article: https://www. guitarworld. com/gear/effects-pedals/klon-centaur-explainer You Get What You Pay for with a Centaur  This guy hand-wires every single Centaur and intentionally limits the supply to adhere to his ethos of perfection. On the secondary market, these older handmade pedals go for thousands, sometimes, $10,000+ depending on the serial number. The newer pedals aren’t cheap either and are normally gobbled up by folks like John Mayer, Jeff Beck, Matt Schofield, among other rock icons. (You'd be hard-pressed to find one at a local band's show. )  Suspended Use but Retained Mark & Trade Dress  Here's one weird thing about this case. According to the Complaint (Para 27) (emphasis mine): "In early 2002, Finnegan suspended use of the original and modified CENTAUR Logo, and future units sold did not contain either Centaur Logo, but continued to retain the Centaur Mark and all other aspects of the Centaur Trade Dress (the “Current Centaur Pedal”), as... --- - Published: 2025-06-27 - Modified: 2025-06-28 - URL: https://practus.com/six-minutes-with-patrick-clendenen/ 1. How do you define your legal practice and typical clients?   I really don’t have a typical client. I’ve represented large public and small private businesses and individuals in commercial and IP litigation and arbitration over the years. I’ve appeared in state and federal courts around the country, but principally in Massachusetts and Connecticut. The nature of the cases vary and often come in waves, as the clients evolve in a changing economy. Over the last five years, much of my work has been in the construction industry. Before that – financial services, hospitality, and biotechnology. The diverse nature of disputes, areas of law, and client industries make business litigation work challenging, interesting, and rewarding.    2. Tell us about your legal career journey. What made you become a lawyer and how did you land at Practus? I worked in my father’s law office from a young age—from delivering mail, filing court papers, and landscaping to paralegal-type work with discovery and depositions. I’ve enjoyed the intellectual, competitive, and adversarial nature of litigation in service to clients seeking justice. I served as federal law clerk after law school and thereafter as an attorney at a number of firms, including my father’s, before he retired. Then I met John Lively and Practus LLP ... and here I am. Wait – you did landscaping?   Lawn, bushes, mulching, flower beds, painting—nothing too involved. The only way to mow is to master the cross-cut. IYKYK.   That sounds kind of involved ...  ... --- - Published: 2025-06-21 - Modified: 2025-06-23 - URL: https://practus.com/approval-of-investment-advisory-agreements-legal-requirements-and-best-practices/ Practus is proud to team with ISS-Corporate, a leading provider of 15(c) services to boards, for an upcoming webinar: Approval of Investment Advisory Agreements – Legal Requirements and Best Practices on July 10, 2025 at 11am PT / 2pm ET. Best of Both Worlds: Legal Expertise & Data Join ISS-Corporate's Director of 15(c) Board Services, Melissa Noon, along with Practus Financial Services partner, Stephen King, for a discussion of the 15(c) process, including related disclosure issues and best practices. Moderated by Practus partner Chris Hayes, this webinar brings you the best of both worlds: a review of the applicable legal standards and best practices and ISS-Corporate expertise on providing data that assists boards in satisfying their duties in the 15(c) process. Who should attend: Fund attorneys Corporate executives Board members of registered investment funds Compliance officers Legal counsel involved in 15(c) contract renewals The review and approval of investment advisory agreements is regarded as one of the most important responsibilities of a registered fund board, and the SEC has shown a willingness to bring enforcement actions when the process is flawed. Let our experts help you better understand how to avoid issues that may expose your board or investment adviser to legal or regulatory liability. Our panelists, Stephen King and Melissa Noon, have extensive experience advising funds and their boards on the 15(c) process. Learn more about our panelists and register for this webinar here --- - Published: 2025-06-18 - Modified: 2025-06-18 - URL: https://practus.com/flexibility-fatigue-in-attorneys-when-remote-work-isnt-enough/ Remote work is no longer a perk - it’s the expectation. According to recent industry reports, 82% of law firms now offer some level of remote work. But a crucial question remains: does remote access really give attorneys more flexibility?   For many, the answer is no. When “flexibility” via remote capabilities is applied as a surface-level fix rather than a structural shift, attorneys experience flexibility fatigue.   Flexibility fatigue sets in when highly capable attorneys (those with substantial experience and a lot of responsibility) realize they still lack real control over how they work. Consider a remote-first firm where partner-level attorneys are required to work 10+ hour days, every keystroke is tracked, and being offline for part of the day is grounds for termination. That’s not flexibility or autonomy. That’s micromanagement via Wi-Fi... and it’s more common than you might think.   What Remote Law Firms Get Wrong About Flexibility  Remote ≠ flexible. Just because an attorney is working from home doesn’t mean they’re working with freedom. In fact, rigid schedules, top-down control, and digital surveillance have replaced in-office pressure with online pressure.   In our earlier article about modern law firms, we discuss how 82% of law firms report some level of remote work. However, 61% of firms still mandate in-office time, creating a type of performative flexibility that conflicts with what attorneys want and what they actually receive. Let’s break down what performative flexibility often looks like:  Clocking in from home A firm may claim there’s no... --- - Published: 2025-06-12 - Modified: 2025-06-12 - URL: https://practus.com/pat-clendenen-2025-super-lawyer/ Commercial litigator, Patrick Clendenen has been selected to the 2025 Connecticut Super Lawyers list. Only 5% of attorneys receive this recognition, which is reserved for those considered to have exhibited excellence in practice. Candidates are evaluated on 12 indicators of peer recognition and professional achievement. Patrick says it always feels good to have an objective third party, such as Super Lawyers, validate the quality of his work, “I’m honored by this recognition and grateful to again join this eminent group of Connecticut business litigation attorneys. ”  Super Lawyers selects attorneys annually, on a state-by-state basis, and across a variety of practice areas. Only lawyers with many years of experience are eligible for the Super Lawyers designation.   --- - Published: 2025-05-30 - Modified: 2025-05-30 - URL: https://practus.com/practus-law-firm-culture-community-7-years/ People need connection to grow and succeed. It’s something we understood from day one, and something we talked about long before Practus even launched. When we were building the foundation of this law firm, we knew culture couldn’t be an afterthought. It had to be a cornerstone.   Because let’s face it: in a remote-first environment, it would be all too easy to feel like you’re working on an island. That feeling of isolation was never going to work for us. From the very beginning, our team has dedicated time, resources, and plenty of creativity into building connection across state lines and time zones. Not just for the sake of fun (though there’s plenty of that), but because great relationships lead to stronger collaboration, better client service, and a more fulfilling practice of law.   So, in the spirit of 7 years blazing this trail together, here are 7 ways we make sure no one at Practus is going it alone:  1. From the Water Cooler to the Campfire  Connection is built in the in-between moments. Traditionally, that meant hallway chats, water cooler catch-ups, or shared laughs at the printer. Thanks to today’s technology, we’re able to recreate those in-between moments virtually.   Whether it’s our weekly coffee break calls, Teams channels chats, or spontaneous check-ins, our “virtual water cooler” is always flowing. This year, we’ve leaned into our anniversary theme and taken it up a notch by gathering around the metaphorical campfire of The Great Practus Quest.   Some... --- - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://practus.com/mutual-fund-to-etf-conversions-practus-legal-team/ You can’t celebrate seven years of blazing the trail without mentioning the team that redefined what’s possible in asset management. In March 2021, Practus became the first law firm in the U. S. to complete a mutual fund-to-ETF conversion. This regulatory and operational feat was just the start of a new structure that continues to disrupt the investment industry.   At the helm of these transactions? Financial Services Practus partners, including Bob Elwood and Karen Aspinall. When regulatory changes in 2019 created new possibilities for actively managed ETFs (Exchange Traded Funds), Bob and the Practus Financial Services team saw more than a compliance update; they saw an opportunity to innovate. What followed was the launch of the first successful mutual fund-to-ETF conversion, setting a precedent for the industry and opening the door for a wave of similar conversions, including many conversions that employ an innovative structure under "Section 351,” which allows lead investors to contribute a portfolio of securities to the new ETF on a tax-free basis. Since then, the Practus Financial Services team has handled over 100 conversions, representing over $20 billion in assets... and counting. They’ve built a reputation as one of the country’s top law firms for ETF conversions by doing what Practus does best: breaking new ground with precision, collaboration, creativity, and agility.   These conversions aren’t just procedural. They involve tax strategy, regulatory navigation, and deep coordination across every corner of a fund’s ecosystem. Whether it’s choosing the right conversion structure (C vs. F Reorganizations),... --- - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://practus.com/how-to-level-up-protection-of-art-in-video-games-and-other-software/ A Real Time Strategy (RTS) in 3 Levels Believe it or not, creating art for video games or software is easy compared to protecting it. Each time you create, you’ve entered a whole new game in which you must keep away the copyright and trademark infringers, rescue user agreements, and conquer commercial applications. Here’s what you need to consider on your quest. Level 1: Crowd Control In a video game Crowd Control (CC) refers to abilities or actions that can disable or control other players. The first “player” you need to consider is development of the software. Has everyone who worked on the software signed agreements to provide all rights to your organization if the software is to be proprietary to your organization? If you are using open-source software, make sure you have looked at and understand the license agreements to ensure you are legally entitled to utilize the software and that there are no concerns about rights to the software that you may be giving up. Level 2: The Loot What’s your revenue model? Will it be subscription based, a time purchase, or a freemium model where the base usage is provided free, but users can purchase additional features? You need to consider what restrictions you need in your users’ agreement to protect your software from being misappropriated. Spell out who can modify and distribute the software. When creating these agreements, it’s vital to consider other commercial applications for your software. Level 3: Don’t be a Nerf Nerf’s are... --- - Published: 2025-05-20 - Modified: 2025-05-22 - URL: https://practus.com/kevin-kercher-schools-students-in-the-business-of-art/ (St. Louis, MO) Art students go to college to create and develop their craft. So why was Practus attorney Kevin Kercher asked to guest lecture to an arts class at Washington University? Artists must protect what they create, which means getting familiar with trademark and copyright law. Kercher spoke to Professor Timothy Solberg’s Business in the Arts class April 17. And although he’s not an artist himself, he painted a clear picture of what artists need to consider regarding:  Copyright protection of art, music recordings Copyright eligibility, registration and documentation Rights of copyright holders and digital challenges Licensing and transferability Royalities for song recording versus composition rights Protecting art in video games Trademark licensing issues and enforcement Kercher says the lecture was so well received he has been asked to make it an annual gig. --- - Published: 2025-05-16 - Modified: 2025-05-16 - URL: https://practus.com/ray-holst-going-nuclear-at-upcoming-forum/ (Clearwater Beach, FL) Ray Holst will bring his considerable tax law expertise to the annual Nuclear Decommissioning Trust Fund Conference taking place in Florida, May 18-19. Federal law requires owners and operators of commercial nuclear power reactors to plan for and fund their eventual decommission. Fees collected from rate payers are held in trusts worth more than $70B. Holst says this annual forum provides fund sponsors and trust service providers information on the latest developments in regulation, taxation, investing and trust servicing. He’ll present: Tax-Free Diversification for NDTs through 351 Exchanges.   You can find more information on the NDT Fund Conference here.   --- - Published: 2025-05-14 - Modified: 2025-05-14 - URL: https://practus.com/how-do-you-know-you-need-a-commercial-litigator/ Don’t shoot the messenger, but if you’re asking this question, you probably already need a commercial litigator. The temptation is to think you don’t hire an attorney until something has risen to lawsuit level. But we suggest you sing a different tune than “Wait. ” Check out our top play list of clear signs it’s time to bring in a commercial litigator. 1. Someone Gives Love a Bad Name Contracts are the bread and butter of a business. So, contract disputes can throw a major monkey wrench into the operation. When one party doesn’t hold up their end, doesn’t make a payment, breaks an agreement, doesn’t deliver, or accuses you of doing any or all of the above – things can heat up fast.   If the conversations have turned into threats or the other party has hired a lawyer, it’s time for you to do the same. A commercial litigator can assess your rights, evaluate your options, come up with a game plan and minimize damage. Best of all, a commercial litigator can help you avoid litigation. It all starts with an experienced eye to review your contract, its dispute resolution  and termination clauses, and your options as to applicable law and forum. 2. Someone’s Lost that Loving Feeling Sometimes, co-founders, shareholders, or partners stop seeing eye-to-eye. Maybe one party simply has a different vision of what direction the business should be going. Perhaps you suspect funds are being misused or someone is improperly making decisions or violating agreements.... --- - Published: 2025-05-12 - Modified: 2025-05-13 - URL: https://practus.com/a-humans-guide-to-generative-ai-and-copyright-law/ As generative AI careens into copyright law, we’ve seen a lot of confusion – including in the courts! That’s why I was thrilled to help my colleagues navigate this tricky landscape during a recent webinar for the King County Bar Association in Washington State. We explored three court cases that give us insights into applying old laws to new tech. Here’s some of what you missed. But First, The AI Basics AI has three main stages, each of which offer potential legal challenges, especially when copyrighted content is used and manipulated.   Data Input: The AI is "taught" using text, images, audio, or video data. Pattern Recognition: The AI "learns" by analyzing data using algorithms, identifying patterns, and making decisions. Output: The AI generates a work product, such as predictions, answers, or even new compositions. Copyright Laws Governing AI Now, let's put all of that in the context of 17 U. S. C. § 501, which says anyone who violates the exclusive rights of a copyright owner is considered an infringer. The law defines exclusive rights as encompassing the reproduction, distribution, and creation of derivative works. There’s also 17 U. S. C. § 1202 which makes modifying someone else’s copyright management information (CMI) illegal. Human Liability with Robots Three of the most common theories of liability regarding AI systems include:  Input Theory of Liability– Copyrighted content was directly copied to train the AI model Output Theory of Liability– Copyrighted content was infringed by the AI model’s output Removal of CMI... --- - Published: 2025-05-08 - Modified: 2025-05-07 - URL: https://practus.com/attorney-spotlights-trailblazers/ To understand what makes Practus different, look no further than the attorneys who call it home. As part of our 7-year anniversary celebration, we’re highlighting four trailblazers who exemplify why a distributed law firm is the next frontier for legal practitioners. Each Practus partner is fueled by deep experience, entrepreneurial drive, and a commitment to practicing law their way. Whether they’re advising startups, litigating high-stakes cases, navigating financial regulations, or managing M&A deals with precision, these four attorneys are proof that a modern law firm model is works for both attorneys and their clients.   Trailblazing Attorneys Across Practice Areas: Chris Colvin’s Journey to Intellectual Property Practus Partner: Intellectual Property & Litigation IP Litigator, Chris Colvin, doesn’t just navigate the terrain, he helps design the map. Chris’s path to law ran straight through aerospace, engineering, and the fast-changing world of technology startups.   Chris’s practice centers on intellectual property litigation, with deep experience across patents, trade secrets, trademarks, copyrights, and false advertising cases. He also serves as outside general counsel to growing startups, helping founders protect their ideas while scaling their legal departments. “My tech-focused practice allows me to leverage my earlier work as a software, aerospace, and mechanical engineer,” he explains — a rare mix of skills that gives his clients both legal insight and technical fluency.   That blend of left-brain logic and right-brain creativity has defined Chris’s career from the beginning. After earning his aerospace engineering degree from Princeton, he pivoted during an aerospace recession, joining IBM... --- - Published: 2025-05-01 - Modified: 2025-05-30 - URL: https://practus.com/7-years-of-blazing-the-trail-as-a-modern-law-firm/ This month marks seven years since Practus first set out on its journey in 2018. That’s seven years of blazing new trails for attorneys, clients, and the modern law firm model. As we reach this milestone, it’s about more than just a pat on the back; it’s a time to look back on how far we’ve traveled and the bold path we’re forging ahead. Along the way, we’re reminded of our humble beginnings and the driving forces that brought us here: attorneys with deep experience and a passion for crafting tailored solutions, trailblazers willing to rethink traditional ways of doing things, and a team that’s built a collaborative, spirited community across borders.   In this 7th anniversary series, we invite you along a journey across the evolving frontier of law, as we celebrate the milestones, the partnerships, and the pioneering spirit that have fueled Practus every step of the way.   Saddling Up for Change: How Practus Rode into a New Era of Law  The first seeds of the trailblazing vision that would become Practus were planted as early as 2009. Co-Founder Bob Elwood and I spent years navigating the traditional law firm landscape, where long hours often went unrecognized, commutes ate up valuable time, and weekends with family became a rare luxury. We experienced firsthand the frustrations of office politics and a culture that prioritized billable hours, often leading to inflated costs passed down to clients.   There had to be a better path forward - one that embraced... --- - Published: 2025-04-29 - Modified: 2025-04-29 - URL: https://practus.com/six-minutes-with-dawn-arcos-recruiter/ 1. Practus: Take us on a quick trip down memory lane. How did you get to Practus? (Bonus points for surprising us).   Dawn: Let me set the stage. Stephanie and I go way back.  Our daughters became inseparable from kindergarten through 2nd grade – and so did we. Stephanie eventually convinced me to join her on the parent/teacher board, and we crushed it. We’ve always worked incredibly well together. When her family moved to Boston, she told me, “I just know we’ll work together again someday. ” And she was right. We stayed close and about four years ago, when I was feeling a little lost and ready for a career change, she asked me to help her part-time with recruiting. I said, “Why not? ” and the rest is history. We’re besties in both life and work. We know how to work hard, play hard, and most importantly, laugh hard, together.  2. Practus: What do you like most about your job?   Dawn: I love the people I work with. Our team is the best of the best. Helping attorneys leave the old-school law firm model and thrive on our platform is pretty cool. It’s awesome to see them go from burned out to fired up. I also secretly love the ops side of things. Stephanie’s the ultimate connector. She can talk to anyone, anytime. Me? I’m the wizard behind the curtain, making sure the magic happens without the chaos. We’re total opposites in the best way.  ... --- - Published: 2025-04-29 - Modified: 2025-04-29 - URL: https://practus.com/tim-billick-explores-ais-increasing-collisions-with-copyright-litigation/ (Seattle, WA) The King County Bar Association in Washington State is presenting a seminar led by Practus’ Tim Billick : Exploring the Boundaries of AI and Copyright Litigation: Presented by a Human. Hint: the human is Tim Billick and this free continuing legal education program is a webinar presented May 1, 2025. Billick will offer a deep dive on the proliferation of lawsuits between copyright holders and AI companies that have coincided with the explosion of LLM technologies. For example: Why are AI model developers being sued? Can I protect myself from being copied by AI? Why is it important to know how AI models are trained? Do they infringe copyright law? Billick says, “It’s up to the courts to figure out how various fast-moving AI technologies intersect with Copyright Law. To help my colleagues and community, I’m going to give a framework on how to analyze the issues at this very precarious intersection. ” Register for the event here Event Date: May 1st 12:00PM PT --- - Published: 2025-04-22 - Modified: 2025-04-24 - URL: https://practus.com/robert-moreiros-warning-to-investment-advisors-using-wrap-fee-programs-review-your-disclosures/ In a recent edition of Regulatory Compliance Watch, Robert Moreiro offers timely advice for SEC-registered investment advisors involved in wrap fee programs – namely to review advisor disclosures around compensation. The author of “Zero Commissions and Wrap Fee Programs” quotes Moreiro extensively in cautioning IAs that the Securities and Exchange Commission is laser-focused on compensation-related issues in exams and enforcement. IAs Need to Spell Out Expenses Moreiro and other experts quoted in the article urge firms to concentrate on providing full and fair disclosures that spell out program expenses, such as fixed-income mark ups and trade away fees. The SEC wants to know advisers have justified each item included in their fees, such as expenses tied to financial planning, portfolio management or advice concerning the selection of other investment advisors. Don’t Just Disclose, Analyze Full disclosure, says Moreiro is only part of it. He insists IAs should also do a business analysis that asks whether it’s worth it to have the wrap fee at all. Advisors need to ask and answer these questions, because the SEC will.   Wrap Fee or Wrap Free?    He adds, “Your fiduciary duty compels you to consider if clients would be better served outside of a wrap fee program. I would urge compliance officers to create reports that either justify keeping clients in wrap fee programs or argue they be moved out. It is very difficult for advisors to defend 2-3% wrap program fees, and the SEC may be poised to launch an enforcement... --- - Published: 2025-04-21 - Modified: 2025-06-18 - URL: https://practus.com/6-minutes-with-mark-belongia/ How would you best describe your legal practice and typical clients? I have spent many years in the banking and regulatory space. But I’d say I’m industry agnostic. My legal practice has evolved into a hybrid of litigation, corporate law and everything in between. When I started out, I wanted to be a trial lawyer, the next Johnny Cochran. I have litigation clients who will call me for any problem they have. I have become their go-to lawyer, or even their outside general counsel. My clients know I’m not necessarily their real estate or IP lawyer, or whatever, but I’m a trusted advisor, who they know will find the right team to help with any problem. Take us on your legal journey to Practus. How’d you get here? I got my undergraduate degree at Drake University in accounting and business administration. Funny story... I was president of my fraternity and realized there was no valet parking. So, I decided to start a valet parking business. My first contract was the governor. I went to the Governor’s mansion, knocked on the door and talked to Governor Branstad who was a Drake alum. He said, “give me the contract, kid. ” Then he offered me an accounting internship at the Capitol, which was great! But I’m from Chicago and missed my friends and family. So, I returned home for law school at DePaul.   My first job was with a boutique litigation firm in Chicago. But I’ve always had an entrepreneurial spirit, so... --- - Published: 2025-04-07 - Modified: 2025-04-07 - URL: https://practus.com/six-minutes-with-stephanie-recupero-vp-of-recruiting/ A look at the team behind the scenes of Practus, LLP 1. Take us on a quick trip down memory lane. How did you get to Practus? (Bonus points for surprising us).   I came to Practus by way of Fenway Park. Kind of. Out of college, I worked in marketing, event planning and sales for global companies, including the World Cup 1994 Organizing Committee and Reebok. Eventually I took a step back to raise my 3 children. While touring Fenway Park one summer with my family and reveling in nostalgia, I got a call from my friend John Lively who I’ve known for 30 years. He asked me if I’d help him recruit attorneys for a new law firm he just launched. I was standing in the most historic ballpark in the world staring at Babe Ruth’s bat and discussing my future. Six years, more than 400 interviews and 60+ attorneys later – here we are! 2. What do you like most about your job?   I love meeting attorneys because every conversation is an opportunity to learn about their unique experiences, goals, and passions. One of the most fulfilling aspects of my job is helping attorneys find roles that not only align with their professional skills but contribute to their happiness and growth. I take pride in understanding what drives them and what challenges they face in their careers. It’s rewarding to identify how we can match them with the right opportunity, solving their pain points along the... --- - Published: 2025-04-07 - Modified: 2025-04-07 - URL: https://practus.com/janet-hallahans-approach-hits-the-marks/ Great news for a Practus client! As part of her trademark monitoring practice, Practus partner Janet V. Hallahan discovered another business was using the client’s registered U. S. trademark in numerous apps on the Apple and Google stores. Hallahan got the infringing marks taken down on both platforms, which forced the infringing party to do a complete rebrand. It also saved the client from potentially expensive trademark enforcement litigation.   Trademark Protection Hallahan says, “This success underscores the importance of protecting your brand and making sure you have a creative attorney who understands the digital and legal landscape. ”  --- - Published: 2025-04-07 - Modified: 2025-04-07 - URL: https://practus.com/1-dont-and-2-dos-for-using-amazons-report-infringement-tool/ I just had the opportunity to teach attorneys in the Washington State Bar Association’s Intellectual Property section. We discussed how to use Amazon’s Report Infringement tool, which can be a vital part of a larger IP enforcement strategy. As a former carpenter, I can tell you having the right tools makes your job easier – but only if you know how to use them. On that note, here is one thing not to do and two things to definitely do if you want to ensure Amazon’s takedown system adds value for your clients. Best Practices for Reporting IP Infringement on Amazon DON’T mix up the types of IP you place in the Violation Report. For example, trademark violations shouldn’t mix with copyright, patent, and other violations. DO check Trademark Office records to see if the alleged infringer has other contact information you can use. If you’re an attorney, you also have an ethical obligation to refuse contact with persons you suspect have legal counsel. DO (if possible) make sure you make a test purchase to ensure the accused product actually infringes the IP in question. The Infringement Report requires you to swear you have a good-faith belief of infringement. If you’re an attorney, you also have an ethical obligation to not make material misstatements of law or fact. Amazon’s e-marketplace is rife with sellers offering counterfeit versions of branded goods that violate copyright, trademark, and patent holders’ rights. Fortunately, the tech giant offers a pretty straightforward process for reporting infringement.... --- - Published: 2025-03-28 - Modified: 2025-03-28 - URL: https://practus.com/top-legal-topics-of-2025/ We’re back again with our annual list of the top legal topics of 2025 that will shape the industry over the next twelve months. Every year, legal trends shift in response to new regulations, economic forces, and societal changes. While all areas of law remain essential, certain practice areas are gaining more attention this year. Based on hiring trends, regulatory updates, and market shifts, we predict that Litigation, Financial Services, Corporate Services, Intellectual Property, and Labor & Employment will dominate headlines in 2025. Let’s dive into why these areas are taking center stage:  1. Litigation: THE Top Legal Topic of 2025  One of the best ways to determine the top legal topics of 2025 is by analyzing which types of attorneys law firms hired in 2024. In fact, 39% of law firms proactively hire partners based on the practice areas with significant growth potential for the upcoming year. From this data, litigation dominated as the most sought-after practice area in 2024, accounting for 26% of all partner-level hires in US law firms. This litigation hiring trend suggests law firms are gearing up for more legal disputes across various industries. Expect to see:  More securities and shareholder litigation due to economic volatility.   The rise of international and globally related litigation. With changing international trade laws and companies that have ongoing global contracts, we can expect an increase in trials that require a multi-jurisdictional approach.   Litigation in hyper-focused areas like ESG (environmental, social, and governance) as well as litigation in... --- - Published: 2025-03-27 - Modified: 2025-03-28 - URL: https://practus.com/women-in-law-insights-opportunities-for-womens-history-month/ At Practus, we’re committed to highlighting the voices, experiences, and achievements of women attorneys. In honor of Women’s History Month, we’re taking a closer look at how the legal profession is evolving for women in law. This three-part series explores the progress made, the challenges that remain, and the steps the industry can take to better support and empower women throughout their legal careers.   Each article in this series dives into a different facet of the conversation: the current treatment of women in traditional law firms, the systemic issues driving high attrition rates, and the signs of progress alongside clear opportunities for change. Together, they paint a compelling picture of what’s next for women in law.   Here’s a quick look at each:  1. Women in Law and Law Firms’ Treatment of Women Attorneys  Women make up more than half of law school graduates, yet they continue to be underrepresented in leadership roles and overrepresented among attorneys facing workplace bias, unequal pay, and limited access to mentorship. This article breaks down the data and offers insight into why the traditional firm model still presents challenges for women and how firms can begin to fix it.   Access the full article here.   2. The Future of Women in Law  While it’s often assumed that women leave the legal profession for family reasons, the real story is more complex. From limited advancement opportunities to outdated firm cultures, this article sheds light on the hidden factors behind attrition while offering actionable... --- - Published: 2025-03-15 - Modified: 2025-03-15 - URL: https://practus.com/3-things-college-athletes-influencers-need-to-consider-right-now/ I just spent quite a bit of time with student athletes and social media influencers at Washington State University this month. They can profit on their name, image, and likeness (“NIL”) like never before. This is due in part to a 2023 Supreme Court ruling (NCAA v. Alston) and the NCAA’s acknowledgement it had violated antitrust laws by limiting educational benefits to student-athletes. That means every college athlete can now receive significant education-related benefits, including scholarships. As overnight entrepreneurs, student athletes need to consider these three things to stay in charge of their NIL rights. Know the rules of where you are: With no federal laws regarding NIL contracting in existence or on the horizon, athlete/influencers must get educated on the local game. Research the relevant school and state regulations on NIL contracting. Know who controls what and how much: It benefits everyone involved to specify the level of creative control between the contracting parties. Know FTC Rules: Sponsored social media content falls under the purview of the Federal Trade Commission. Most NIL contracts put the burden of complying with FTC rules on the athlete/influencer. Your name and face are on the line  Look, knowledge is power and it’s literally your name and face on the line, so, make sure you clearly understand what your rights and responsibilities are and make savvy decisions. When I work with clients, it’s not enough that I understand NIL contracts, my clients must get it too. Don’t leave a room or a conversation without... --- - Published: 2025-03-12 - Modified: 2025-03-12 - URL: https://practus.com/finra-knocked-on-their-door-robert-moreiro-helped-them-answer/ Practus achieved a great result for our client dealing with an investigation by the Financial Industry Regulatory Authority (FINRA). Robert Moreiro guided the client through an almost two-year investigation that involved numerous documents and information requests, along with on-the-record interviews. FINRA just announced it is closing the investigation and taking no further action. --- - Published: 2025-03-12 - Modified: 2025-03-14 - URL: https://practus.com/infringement-on-amazon-tim-billick-tells-influencers-and-athletes-what-they-need-to-know/ (Seattle, WA) Practus IP litigator, Tim Billick is the guest lecturer at Washington State University, March 27, 2025. He will conduct a webinar: Best Practices for Amazon Takedown Requests in IP Disputes. NCAA policy changes and a 2021 Supreme Court ruling have transformed the landscape for athletes and influencers. One of the biggest stages for alleged IP infringement is Amazon. Whack-a-mole can work against IP infringement   Billick says addressing intellectual property infringement on the Amazon. com marketplace may feel like a game of whack-a-mole, but it can also be an effective resolution tactic, “We will walk through a draft petition from start to finish to discuss risk exposure in sending the petition. Plus, I’ll share tips on how to set up a petition for any kind of infringement. ”  You can register for the webinar here. --- - Published: 2025-03-11 - Modified: 2025-04-08 - URL: https://practus.com/how-practus-clients-benefit-from-a-distributed-law-firm/ Virtual Law Firms are Distributed Law Firms  When we talk about the virtual law firm, what we’re really talking about is a distributed law firm. Practus draws from a deep bench of top tier attorneys across practice areas, jurisdictions, and locations. Without the limitations imposed by a centralized office, Practus attorneys can tap a wide range of lawyers with different specialties and geographic locations for their clients. That means an attorney with a client in Phoenix, Arizona isn’t limited to working only with lawyers in Phoenix. This natant agility offers key advantages to clients. But rather than talk in general terms, let’s hear from Practus partners about how this benefits them and their clients. Easier to meet clients’ business needs  Patent Attorney and Outsourced General Counsel, Chris Colvin calls it a better mousetrap in part because there is no multi-layered hierarchy, “Our attorneys operate at the partner level so clients are always getting partner-level quality. If I have a client but I know someone else can do a better job on a particular matter, I’m incentivized to hand over the reins and vice versa. Big Law incentivizes maximizing billable hours, including leveraging less experienced junior lawyers, which makes it too easy to lose sight of the clients’ needs. My overall impression is that big firms do a great job with quality and coverage, but don’t do as good of a job meeting clients’ business needs. ” Distribruted law firm = best lawyer for the job  That ability to pick the... --- - Published: 2025-03-06 - Modified: 2025-03-06 - URL: https://practus.com/miami-conference-reminds-us-whats-important/ Four things we learned at NALSC We are fresh from the 2025 National Association of Legal Search Consultants (NALSC) Miami Conference. This is the primary gathering of legal recruiters in the country. In addition to offering us a chance to meet up with old and new friends and colleagues, the conference gave us some solid, practical growth strategies and useful information. But the key themes that emerged in Miami were fantastic reminders of what should be at the heart of all our efforts. 1. Relationships, not Transactions The attorneys we talk to about joining Practus are people not transactions. The decision to join Practus comes after we've built the relationship, not before. Changing one's professional situation is a seismic, personal shift, not to be treated like a deal. And yes, we are a law firm, but we're also a community. We know this, but it was so refreshing to be reminded that building relationships is the priority. Think: more conversations, more helping people. We continually heard the words community, collaboration, support, and mentorship. 2. Love your Competitors  We can learn so much from our competitors! And they can learn from us. Don't think of the competition as your enemy. Think of them as an amazing source of information, especially when gauging what works in different markets. We really can learn from and support each other. It’s a win-win situation. 3. Ready, set, mindset Seth Makowsky, an elite performance strategist, opened the session by showing us how to harness our potential... --- - Published: 2025-03-05 - Modified: 2025-04-07 - URL: https://practus.com/labor-employment-issues-to-watch-for-in-2025/ 2025 ushered in a new administration and a host of executive orders that are creating upheaval, uncertainty, and litigation. With offers of buyouts going out to federal workers, changes to the Federal Trade Commission and a new chair of the National Labor Relations Board, it got us thinking. What might all this mean for Labor and Employment litigation? We asked some of our Practus L&E attorneys what they expect will be on the radar this year. Molly Aspan: Reverse discrimination lawsuits We’re seeing a trend of more reverse discrimination claims. With the new administration’s focus on reversing DEI initiatives and the Supreme Court taking up a case to determine the standard for such cases, I expect 2025 will see a steady increase in reverse discrimination claims. In fact, I think we’ll see increased employment litigation and employer costs for compliance across the board. As the new administration is unlikely to provide more workplace requirements and employee protections, we expect states and even municipalities to continue expanding such rights and protections for employees. This can take various forms, such as providing sick and other paid leave entitlements, ensuring protections for employees taking leave for family and/or medical reasons, requiring pay transparency, and limiting enforceability of covenants limiting employee mobility. Such provisions will require increased compliance costs for multijurisdictional employers, and possibly increased litigation for noncompliant employers. Paul Cimino: Round pegs in square holes Since the pandemic, we’re seeing companies and their workers getting more remote from each other. Yes, there have... --- - Published: 2025-03-05 - Modified: 2025-03-10 - URL: https://practus.com/tim-billick-goes-back-to-college-to-talk-nil-and-the-ncaa/ (Seattle, WA) It’s a whole new world for student athletes in the wake of the 2021 Supreme Court ruling that the National College Athletic Association (NCAA)’s limits on educational benefits to student athletes violated antitrust laws. IP attorney, Tim Billick will bring some much-needed guidance to college athletes at Washington State University this week. NIL Empowerment Billick is guest lecturing on how policy changes and the Supreme Court ruling have impacted the way athletes may profit from use of their name, image, and likeness (NIL), “It opened the floodgates for students to use their talents to help pay for their education. My goal is to empower them to make savvy decisions about their rights, which is what I do with all my clients at Practus. ” What to Look for in Brand Deals  Billick, a frequent guest lecturer at the WSU, says he’ll go over brand deals and highlight what to look for in NIL agreements, such as indemnification, cross-licensing, and state-specific statutes. Says Billick, “It’s always fun to talk entertainment law, especially when I get to give back to the community in the process. ”  --- - Published: 2025-02-25 - Modified: 2025-03-10 - URL: https://practus.com/future-ready-recruiting-for-tomorrows-modern-law-firms/ As the legal industry rapidly evolves, law firms must rethink their recruitment strategies to attract and retain top talent. Today’s attorneys seek more than just a high salary - they want flexibility, meaningful work, and firms that embrace innovation. With advances in technology, shifting client expectations, and a changing legal workforce, the modern law firms that adapt to these trends will be best positioned for long-term success.   The Future of Modern Law Firms Technological Advancements  The legal profession is no longer defined by stacks of paper and manual processes. Artificial intelligence (AI) and legal technology tools are reshaping the industry by automating routine tasks such as document review, legal research, and contract analysis. Law firms that integrate these automation tools can enhance efficiency, reduce costs, and provide better client service. Integrating AI into legal work is already becoming the norm with 79% of legal professionals using AI in 2024, compared to only 19% of law firms in 2023.   AI-Powered Legal Research: AI tools can analyze vast amounts of legal data in seconds, identifying key case law and statutes more efficiently than human researchers.   Contract Analysis Software: Machine learning algorithms can quickly review and flag issues in legal documents, reducing the risk of oversight.   Integrating AI: Certain aspects of the legal profession are easier and more effective when integrating AI, including:  Documenting and recording information  Obtaining and analyzing data  Client intake and conflicts check  Despite the widespread adoption, AI does not replace all legal work. Tasks that require... --- - Published: 2025-02-20 - Modified: 2025-02-20 - URL: https://practus.com/karen-aspinall-to-talk-ai-at-mutual-fund-directors-forum/ (Washington, D. C. ) Karen Aspinall will bring her expertise to a webinar on artificial intelligence (AI) and Portfolio Management, February 26, 2025. This is the third webinar in a series organized by the Mutual Fund Directors Forum (MFDF), an association serving independent directors of registered investment companies. Aspinall will join other leaders in the financial services field to highlight case studies of AI usage in investment strategies and address questions about what boards need to know in terms of investment policies, procedures, risk, and oversight. Aspinall says, “Past webinars talked about boards and the oversight process in AI and how it's being used. We will focus on how AI is used in the investment process and talk about risk management and other things a board should be thinking about when a fund’s investment strategy uses AI. ”  The webinar will broadcast live at 2 p. m. (ET). All independent directors, CCOs, and professionals in the fund industry are welcome to participate. You can find more information on MFDF and the webinar on their website.    --- - Published: 2025-02-11 - Modified: 2025-02-18 - URL: https://practus.com/ninth-circuit-hands-tim-billick-victory-for-client-aquarian-foundation/ Ruling Clarifies Section 203 of the Copyright Act — The Ninth Circuit Court of Appeals reversed a decision from the U. S. District Court in favor of The Aquarian Foundation, represented by Tim Billick. The case regards the termination of a copyright license and the application of Section 203 of the Copyright Act. In overturning the lower court ruling, the Ninth Circuit found that the lower court misinterpreted the statute which governs the termination of transfers and licenses granted by authors. Lower court misinterpreted Section 203 Under Section 203, authors or their statutory heirs can terminate an indefinite copyright license 35 years after its execution. However, the Ninth Circuit disagreed with the lower court’s ruling and determined that Section 203 does not apply to organizations such as The Aquarian Foundation, which are not statutory heirs. Therefore, they’re not subject to the same restrictive "Conditions of Termination" outlined in the statute. Victory for common sense Tim Billick says, “This case was complicated by disputes over the validity of the license, unavailability of key witnesses, and a lengthy legal process. But the Ninth Circuit’s decision was a victory for common sense and ensures non-statutory heirs are not unfairly burdened by Section 203. " The Ninth Circuit's ruling marks a significant legal victory for those seeking clarity on the application of copyright termination rights. --- - Published: 2025-02-11 - Modified: 2025-02-11 - URL: https://practus.com/the-lawsuit-whose-engine-died-and-the-victory-lap-for-team-practus/ A big lawsuit about little cars (Los Angeles, CA) A $10M lawsuit brought by a competitor against our client Sunrich Hobby & Toy Company, which makes scale models of race cars under license from manufacturers of the real things, got the black flag in U. S. District Court for the Central District of California. Exoto Inc. brought the lawsuit. The judge had already dismissed the company’s 9 other claims during a bench trial in December 2023. In January, she completed her clean sweep and tossed the two remaining claims. Before we take too long of a victory lap, let’s back up and look at the case and explain why it was outrageous from the starting line. An outrageous lawsuit Exoto, like our client Sunrich, produces scale models of race cars. It accused Sunrich and its co-owners of unlawfully acquiring Exoto’s tooling for its cars and counterfeiting them. We should mention that these are not just model cars or Matchbox toys. They are exact replicas engineered to a 1/18 scale of the original vehicle. Creating the molds and tooling for one car takes months and can cost well north of $100,000. Exoto sells its models for hundreds to thousands of dollars--these are “collectables,” not toys. Why did Exoto think Sunrich took its tools? In 2012, Sunrich produced a model of the 1977 Porsche 936 that won LeMans. Exoto also created a Porsche 936 model, in 2010. The tooling for Exoto’s model was stored with a manufacturer in Hong Kong, along with... --- - Published: 2025-02-10 - Modified: 2025-02-10 - URL: https://practus.com/driving-change-in-2025-innovation-within-the-modern-law-firm-model/ The start of a new year is always filled with excitement for what’s ahead, and at Practus, 2025 is no exception. This year, we’re embracing opportunities to grow, innovate, and reimagine how we deliver legal services to our clients by doubling down on our commitment to providing forward-thinking solutions. We’re grateful our modern law firm model allows us to stay nimble and bring these improvements to clients around the world in 2025. We’re so proud of our team and all they’ve prepared to make this the best year yet, which is why we’re giving you a sneak peek into how the Practus team is driving change. 1. Reimagining the Way We Look at Practice Areas within a Modern Law Firm Growth is more than just a numbers game - it’s about evolving our approach to provide the best legal services for our clients. As we continue to expand, we see an opportunity to think differently about our practice areas. In 2025, we’re implementing new leadership structures and resources designed to foster collaboration, enhance resource-sharing, and strengthen client outcomes across our firm. One of the biggest initiatives we’ve been working on to make this possible is a complete revamp of our practice areas and their organization. This reorganization allows us to:  Gather our related specialties into broader categories, allowing for deeper cross-practice collaboration, ensuring clients benefit from a multi-disciplinary approach. Drill down into specialty practice areas like patent prosecution, expanding our service offerings to address clients' most complex needs. Provide attorneys... --- - Published: 2025-02-03 - Modified: 2025-02-03 - URL: https://practus.com/six-minutes-with-andrea-shaw/ 1. How do you define your practice and areas of experience: Bank regulatory, payments, consumer finance, privacy with a little equine law thrown in for good measure. I help financial institutions of all shapes and sizes solve problems, understand legal and compliance risk so they can manage it and improve customer service. Basically, my job is to help financial institutions identify possible dragons, so the business executives can determine which ones we need to slay. 2. Tell us about your legal career journey. How did you get here? I graduated in a down economy and was working for a non-profit that I worked for during law school. They graciously offered to keep me employed while I searched for my “dream job”. The State Banking agency posted a position for a staff attorney. Of course, they wanted 5 years' experience but only wanted to pay peanuts. My now husband saw the post and said “I know the folks that work there. You’ll like them. You’ll be great at this and you’ll love it. ” So, I applied and to my surprise I was hired! I guess I’m good at it since it’s been over 20 years and people still pay me to do that type of work. And I do love it. The best life advice I can offer to anyone is to marry someone who knows you better than you know yourself and listen when they talk (let’s not mention this to my husband, lest he get a big head)!... --- - Published: 2025-01-21 - Modified: 2025-01-21 - URL: https://practus.com/hear-me-out-this-beige-battle-is-more-nuanced-than-you-think/ Gifford v. Sheil (Case No. 1:24-cv-423) presents some tricky issues for content creators. Can you prevail in a lawsuit accusing someone of stealing your “aesthetic” or "vibe"? Normally, no. But two beige enthusiasts are apparently testing the boundaries of the well-established understanding that copyright law only protects the specific expression embodied in a work. This case also tests what it means to remove copyright management information or “CMI” within the Fifth Circuit under 17 USC § 1201. Let’s look at the counts I was incredibly skeptical of the merits when I first read the coverage on this case. But let’s take a count-by-count deep dive into the claims from the Amended Complaint, filed December 11, 2024. If Sheil’s lawyers are reading this, you’re welcome. Count 1: Federal Copyright Infringement under 17 USC § 501 Generally, copyright law does not protect the mere idea of a type of expression. In other words, you cannot protect the “vibes” of a work. Rather, copyright law only protects the actual expression of that work and enables a plaintiff to sue someone for selling or distributing a work that’s “substantially similar” to the original. To establish copyright infringement in the Fifth Circuit, “a plaintiff must prove ownership of a valid copyright and copying of constituent elements of the work that are copyrightable. Copyright ownership is shown by (1) proof of originality and copyrightability and (2) compliance with the applicable statutory requirements. ” Compaq Comput. Corp. v. Ergonome Inc. , 387 F. 3d 403, 407-08 (5th... --- - Published: 2025-01-08 - Modified: 2025-01-08 - URL: https://practus.com/from-political-rallies-to-wicked-at-seattles-ip-meeting/ At a recent meeting of the Seattle Intellectual Property Chapter of the American Inns of Court, I had the chance to lead a discussion on the boundaries of copyright law and rights of publicity when using music in connection with political campaigns. As sure as candidates for office will flip pancakes, shake hands and kiss babies during campaign stops – they'll also play music at their political rallies. And the cease and desists roll in. Typically, candidates wrap themselves in the Fair Use Doctrine (and the flag) to defend any infringement claims. During our discussion, we tested the boundaries of fair use, derivative works, and personality rights in a series of hypotheticals and debates. Teams got points for legal argument, but more points for humor, so we had a great time! Something Wicked this way came One of the issues that emerged regards derivative works. At our meeting I emphasized that the right to make derivative works is a distinct right in copyright law. So, the right to make a derivative work must be distinctly and separately licensed or assigned. OK, but what does that have to do with Wicked? Follow the Yellow Brick Road here for a second. You might think you have permission to make a film adaptation of the Broadway musical Wicked if you get permission from the owner. But not necessarily! One could argue that Wicked, the movie, is a derivative of the book on which the musical was based, Wicked: The Life and Times of... --- - Published: 2025-01-07 - Modified: 2025-06-18 - URL: https://practus.com/six-minutes-with-tim-billick/ 1. How would you describe your client base and services: I provide patent, trademark, and copyright consulting to protect inventions, brands, and creative works. This includes getting the IP protection secured correctly, as well as enforcement. Most of my clients are usually series A or B funded, and they range in all sorts of industries. 2. Tell us about your legal career journey. How did you get here? I grew up surrounded by engineers, musicians, artists, and all sorts of creative types; and I’ve been a musician and singer most of my life. And pretty much from age 7 through college, I’ve built and renovated homes with my family. So, I’ve always had a penchant for speaking the creative language and thinking mechanically. I was inspired to go to law school during my business law course at Purdue University after my instructor Cliff Fisher showed me how much impact a person with a law degree could have on their community. And so, I realized my calling was to help creators and inventors protect their creations! 3. What about the Practus model serves you as a legal professional, and as a person? The flexibility to adapt to the needs of our clients is really unique. Not many firms can effectively serve the range of businesses and industries we do. We have a deep bench to handle the largest of cases, yet minimal overhead to serve businesses that have been burned by big law in the past. The flexible model also allows... --- - Published: 2025-01-02 - Modified: 2025-01-02 - URL: https://practus.com/off-white-fight-influencer-says-another-stole-her-vibe/ Two beige-magnet influencers are fighting for their civil whites. Sydney Nicole Gifford, a content creator who promotes products through her Amazon storefront, is suing a fellow creator. Her novel lawsuit accuses Alyssa Sheil of copying her natural, beige, and cream aesthetic. Gifford leveled eight claims against Sheil, one of which includes trade dress infringement. Of those eight charges, this will be the most difficult one to make stick. “She stole my vibe” According to the lawsuit, Sheil and Gifford know each other and even met for a photo shoot in 2023. Gifford says after that meeting, Sheil blocked her from viewing her content and then drained the color from her platforms, going sad and beige. But the influencer says Sheil did more than go color bland, she copied her whole vibe, including fonts, camera angles, photo captions, apartment décor and physical appearance. Trend, not infringement The sad beige, monochromatic aesthetic has been white hot on social media for a few years now and Shiel says her going toward the light is a matter of jumping on a trend, not infringement. Influencers are also encouraged to decorate and dress in neutrals so sponsored products pop. With hundreds of influencers living their cream life and posting about it, is claiming ownership of an aesthetic even possible? My non-neutral stance on the Trade Dress claim As I mentioned, there are eight federal copyright claims Gifford alleges in this lawsuit. I am speaking strictly to the Trade Dress accusation. Some may stick, but not... --- - Published: 2024-12-16 - Modified: 2024-12-16 - URL: https://practus.com/philanthropy-and-the-people-of-practus-part-2/ In Part 2 of our "Philanthropy and the People of Practus" series, we continue to highlight the inspiring efforts of our attorneys and staff, whose dedication to community service spans a wide array of causes. These individuals embody the value of giving back, not only through legal services but by actively contributing their time, energy, and passion to organizations that make a real difference in people’s lives. From supporting the arts and education to advocating for animal welfare and equality, the attorneys featured here demonstrate how celebrating achievements and community involvement both from a professional and personal perspective is at the core of our Practus culture.   Janet Hallahan Literacy and Arts Janet Hallahan has spent her career supporting literacy and the arts, driven by a belief in giving back to the communities and causes that have helped her throughout her life. Her contributions span a wide range, from offering pro bono legal assistance to female entrepreneurs, artists, and nonprofit organizations, to volunteering with libraries that provide community access to education and art. She’s an advocate for historic and modern learning spaces, expanding access to knowledge and culture while providing a deep commitment to fostering creativity, education, and opportunity for others. Although she works with a myriad of organizations, we’re highlighting her work with public libraries: Haddonfield Public Library and the Library Company of Philadelphia. “I have been a board member of the Haddonfield Public Library for many years, and currently serve as the Vice President of the Board, Chair... --- - Published: 2024-12-06 - Modified: 2024-12-11 - URL: https://practus.com/court-halts-enforcement-of-corporate-transparency-act/ Updated to reflect Department of Justice appeal and FinCEN response On December 3, 2024, a federal court in Texas issued a preliminary injunction temporarily halting the enforcement of the Corporate Transparency Act (CTA) and its accompanying beneficial ownership reporting rule. This means that businesses subject to the CTA, including investment managers, funds, and related entities, are not required to comply with the reporting obligations. The Department of Justice appealed the ruling December 5, prompting a posted statement from the U. S. Financial Crimes Enforcement Network (FinCEN) to its website on December 7. In sum, FinCEN noted that, because of the court’s order, “reporting companies are not currently required to file their beneficial ownership information with FinCEN and will not be subject to liability if they fail to do so while the preliminary injunction remains in effect. Nevertheless, reporting companies may continue to voluntarily submit beneficial ownership information reports. ” FinCEN also noted the appeal filed by the Department of Justice. Key Takeaways Enforcement Stay: The court's ruling temporarily prevents enforcement of the CTA, meaning companies, including investment managers and their funds, are not required to file beneficial ownership information (BOI) reports at this time (Reporting Rule). Voluntary Filing: Companies can still voluntarily submit BOI reports to FinCEN Government Appeal: The DOJ appeal could lead to a reversal of the stay. Uncertainty Remains While the CTA is on hold, it’s crucial to recognize that the situation is fluid. Businesses should monitor the case closely and be prepared to comply with the... --- - Published: 2024-12-04 - Modified: 2024-12-05 - URL: https://practus.com/what-us-firms-investors-should-know-about-uk-digital-assets-property-bill/ Timothy Spangler to Speak at UK Business & Trade Webinar Among other things, the UK’s Digital Assets Property Bill ensures certain digital assets, like crypto-tokens, can be properly recognized by the law of England and Wales as a property like anything else. At an upcoming webinar sponsored by the United Kingdom’s Department for Business and Trade, Timothy Spangler will join a panel of other experts to talk about what this means for U. S. entrepreneurs and venture capital investors. Impact on international expansion  Spangler says, “This bill has the potential to significantly move the needle on legal and regulatory certainty, putting the UK in a prime position. U. S. firms and investors should keep a close eye on these developments and how they might fit into their plans for international expansion. ”  Opportunities for Fintech & Legal sectors 2025 is likely to be an incredibly important year for adoption of blockchain technology and expanding use cases for digital assets. This free webinar will explore the UK’s Property Bill and expand on the opportunities it presents to the Fintech and Legal sectors. Who: UK Business and Trade Department  What: Webinar  When: December 11, 11 a. m. EST  Where: Online Cost: None  Other speakers at the webinar include:  Sydney Badman, Senior Trade and Investment Officer, FinTech Lead North America, United Kingdom Department for Business and Trade  Alicia Love, Senior Policy Advisor, UK Legal Services Innovation, Judicial and Legal Services Policy Directorate, United Kingdom Ministry of Justice  --- - Published: 2024-12-03 - Modified: 2024-12-16 - URL: https://practus.com/philanthropy-and-the-people-of-practus/ At Practus, the passions and commitments of our team extend far beyond the practice of law. Our attorneys and team members bring the same dedication and drive they show in their legal work to a diverse range of philanthropic initiatives. Whether supporting local animal shelters, advancing ALS research, or organizing community events, their involvement in these causes reflects a shared desire to make a meaningful difference in the world. This commitment to service speaks to the dynamic individuals who make up our firm—a team of professionals who inspire through their actions both inside and outside the legal field.   With the holiday season in full swing, we’re highlighting some of the amazing organizations our team works with, why our Practus people support these orgs, and what it means to them to be able to continue their commitment to the service of others. Andrea Shaw Gorham Little League in Maine Andrea Shaw’s involvement with Gorham Little League goes far beyond simply supporting her son’s passion for baseball—it’s about fostering life skills like resilience, teamwork, and leadership in young players, both on and off the field. While she laughs as she admits that “baseball has ruined my life,” her dedication to sponsoring the team and watching her son and his friends grow as athletes and individuals clearly shows her commitment to the positive impact of the sport.   “Little League is about more than having fun playing baseball. It’s a sport where the average batting average for MLB Hall of Famers is... --- - Published: 2024-11-26 - Modified: 2024-11-26 - URL: https://practus.com/robert-elwood-to-speak-at-gabelli-funds-conference/ While others may be gearing up for the holidays, Practus Co-founder, Bob Elwood will be talking ETF conversions. Elwood is speaking at the Gabelli Funds Section 852(b)(6) Symposium in New York, December 5. As the original architect of converting mutual funds and SMAs to ETFs, Gabelli asked Elwood to panel a discussion on the subject. ETF traps for the unwary He says he hopes to help industry professionals steer clear of potential obstacles, "I plan to focus on traps that can catch the unwary when converting separately managed accounts and private funds into ETFs. "  Gabelli expects 200 people to attend in person and 1,000 via Zoom. Tis the season for Section 852(b)(6) sessions. --- - Published: 2024-11-21 - Modified: 2025-06-18 - URL: https://practus.com/six-minutes-with-chris-colvin/ 1. How do you define your practice and areas of experience: I litigate Intellectual Property matters for plaintiffs and defendants: patent, trade secret, trademark, copyright and false advertising cases, involving every kind of business. I also do general commercial litigation involving complex technologies. My tech-focused practice allows me to leverage my previous experience as a software, aerospace and mechanical engineer. For over 20 years I have also served as an Outside General Counsel to fast-growing startup companies. I enjoy the challenge of helping startup founders grow their legal departments and protect their IP and other valuable assets. 2. Tell us about your legal career journey. How did you get here? Like many professionals, I pivoted at times to adjust to macro changes in the economy. For example, after earning a B. S. in Mechanical & Aerospace Engineering from Princeton, I graduated into an “aerospace recession” when the government was making big military and space program cuts. So, I took a job as a software engineer with IBM, but working on a large FAA contract to redesign the U. S. air traffic control system, to stay aerospace adjacent. I got to know some in-house IP attorneys (I met them in the IBM company gym of all places), and thought their work sounded like the ideal blend of left-brain and right-brain for a person like me. The rest, as they say, is history. 3. What about the Practus model serves you as a legal professional, and as a person? At this stage... --- - Published: 2024-11-20 - Modified: 2024-11-20 - URL: https://practus.com/tim-billick-to-present-at-seattle-ip-chapter/ Copyright Litigation: Politicians’ Other Running Mate (November 21, 2024, Seattle, WA) It didn't grab as many headlines as other issues, but copyright litigation was a steady presence in the 2024 presidential campaign. President-elect Donald Trump's campaign may have broken the record for artists threatening to sue over its use of their music. Now that (most) the votes are tallied, Practus' Tim Billick will explore copyright litigation in the context of political campaigns at the Seattle Intellectual Property Chapter of the American Inns of Court, November 21. Fair Use Doctrine Defense Billick says, "Copyright infringement lawsuits, or at least the threat of them, have long been the other running mates in political races. Campaigns unfailingly wrap themselves in the doctrine of fair use. And then it just gets more complicated from there. " --- - Published: 2024-11-18 - Modified: 2024-12-16 - URL: https://practus.com/steven-young-earns-top-martindale-hubbell-rating/ (Los Angeles, CA, November 18, 2025) Steven Young, Head of Litigation at Practus, has received the highest rating from Martindale-Hubbell. Based on reviews from fellow members of the State Bar of California and members of the judiciary, as well as clients, Martindale-Hubbell rated Young as “2025 AV Preeminent. ” Attorneys given this rating are considered the best of the best for their legal skills and expertise, communication quality and ethical standards. Not his first rodeo, but still honored Young has earned AV Preeminent over several years, and says it always holds special significance, “I’m really honored. An AV rating from Martindale-Hubbell isn’t so easy to achieve, and I appreciate their careful consideration of not just lawyers’ abilities but their ethics as well. ” Rating lawyers since 1868 Martin-Hubbell has been using peer and client reviews and research to provide verified ratings for attorneys and law firms for more than 150 years. Steven E. Young is a veteran commercial litigation attorney, focusing on intellectual property, entertainment transactional matters, real estate and general business litigation, in State and Federal Courts, State and Federal Appellate Courts, as well as arbitration. --- - Published: 2024-11-07 - Modified: 2024-11-07 - URL: https://practus.com/practus-earns-best-law-firms-of-2025/ Leawood, KS – November 6, 2024 – Practus LLP has been recognized for its excellence and distinguished by Best Law Firms® of 2025. The award is rooted in millions of peer-to-peer evaluations from leading attorneys in their field, along with client reviews and information provided by nominated firms. John Lively, Managing Partner, says inclusion in Best Lawyers ® validates Practus’ client-centric approach. “We meet our clients as partners, getting to know them and understand their desired outcomes. It’s gratifying to see we’ve earned their trust and the acknowledgement of our colleagues. ” Eight Practus attorneys also received the 2025 Best Lawyers ® award and Best Lawyers: Ones to Watch. ® https://www. bestlawfirms. com/firms/practus-llp/95557/US --- - Published: 2024-11-02 - Modified: 2025-02-21 - URL: https://practus.com/10-strategies-that-could-prepare-you-for-potential-changes-to-the-federal-estate-and-gift-tax/ As highlighted in our recent Alert, key benefit to families with taxable estates could go away. The Tax Cuts and Jobs Act (TCJA) incorporated numerous tax reductions into U. S. law, with one significantly increasing the ability of taxable estate owners to provide substantial gifts to others tax-free. However, the TJCA is scheduled to expire on December 31, 2025. Without a congressional extension, this sunset would revert the U. S. tax code to provisions prior to the law’s enactment. You don’t want to wake up January 1, 2026 with a hangover that has nothing to do with the party you went to the night before. Here are 10 solid strategies for taxable estate owners that will help ensure a happy new year.   1. Utilize Increased Exemption Amounts The TCJA significantly increased the estate and gift tax exemption amounts. For 2024, the exemption is $13. 61 million per individual ($13. 99 million per individual for 2025). This amount is set to revert to pre-TCJA levels (approximately $5 million, adjusted for inflation) after 2025. High-net-worth individuals should consider making substantial gifts before the exemption decreases.   2. Annual Gift Tax Exclusion Take advantage of the annual gift tax exclusion, which allows individuals to give up to $18,000 per recipient, per year for 2024 ($19,000 per recipient as of 2025) without incurring gift tax. This can be an effective way to reduce the taxable estate over time.   3. Grantor Retained Annuity Trusts (GRATs)  GRATs can be used to transfer assets to... --- - Published: 2024-10-25 - Modified: 2024-10-30 - URL: https://practus.com/high-five-newsletter-10-25/ Legal news, some illegal. All of it interesting 1. Oh Romeo and Juliet, Nude-Scene Case Closed What plight through yonder courtroom breaks? Tis the second dismissal of a lawsuit brought by the stars of the 1968 movie “Romeo and Juliet. ” Olivia Hussey and Leonard Whiting (Juliet and Romeo) were 16 and 17 when they appeared nude in a bedroom scene. They claim director Franco Zeffirelli duped them and sued Paramount in 2022. Thus, with a dismiss, it died, partly because of the statute of limitations. The actors then sued Criterion after it re-released a digital restoration in 2023. Alas, the judge said oh happy dagger to this lawsuit as well. She says the actors signed consent contracts and spent decades extolling the film. Wherefore, case dismissed. Parting is such sweet sorrow, here... 2. Farewell to Arms? Airport Sets Max Hug Time When you’re leaving on a jet plane, it’s so hard to say goodbye. But a New Zealand airport needs travelers to try, try, try to speed things up when saying bye, bye, bye. Authorities are cracking down on national and international snuggling. They’ve placed a three-minute time limit on farewell hugs. New signs outside the terminal warn hug thugs who can’t say so long, farewell, in under three to get a room – well – a parking space in the car park. The airport imposed the cuddle cap after re-designing its passenger drop-off area. Officials say a 20-second hug’s long enough to release happy hormones. After that it’s... --- - Published: 2024-10-23 - Modified: 2024-12-17 - URL: https://practus.com/client-alert-corporate-transparency-act-updates/ Breaking News: UPDATE from December 17, 2024 Published December 12th, 2024: The Corporate Transparency Act (CTA), enacted in January this year, means most businesses in the U. S. must report to the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN), certain information about individuals who directly or indirectly own and control them. Beneficial Ownership Information, or BOI Reports, must be submitted electronically through a secure filing system on FinCEN’s website. The filing deadlines for an initial BOI Report depend on when a Reporting Company was formed: Reporting Companies formed before January 1, 2024, must file their initial BOI Report by January 1, 2025.   Reporting Companies formed between January 1, 2024, and December 31, 2024, must file their initial BOI Report within 90 days from the Reporting Company’s effective date of formation.   Reporting Companies formed on or after January 1, 2025, must file their initial BOI Report within 30 days of the Reporting Company’s effective date of formation.   Before you file ... If your Reporting Company was formed before January 1, 2024, your deadline’s coming up. Now is the time to reach out to your Practus, LLP attorney for guidance and help with the filing process. Learn more about the CTA For a more detailed explanation of the CTA and its mandatory disclosure requirements, please see our previous post, Client Alert: Is your business ready for the Corporate Transparency Act? and FinCEN’s FAQs about Beneficial Ownership Information. Should you have any questions about the CTA and its applicability,... --- - Published: 2024-10-22 - Modified: 2024-12-16 - URL: https://practus.com/why-you-may-be-losing-out-on-eu-business-opportunities/ Defective GDPR Article 28 contracts derail business If you don’t fully grasp Europe’s General Data Protection Regulation Article 28 (GDPR), chances are you’ve already lost out on business opportunities and you’re going to lose more. Many of the GDPR compliance contracts US companies propose to their customers, business partners, vendors, or service providers, violate the GDPR. European companies are noticing and may even kill deals before they ever reach the negotiation stage. Get informed about Article 28 Contracts and don’t lose any more opportunities Join me along with other top GDPR compliance experts at a free webinar in November, where we will discuss how your US company can avoid losing business from defective GDPR Article 28 contracts. What: Webinar: Lost Business Opportunities from Incorrect Handling of GDPR Article 28 Contracts  Who: GDPR Compliance experts Linda Priebe, JD, CIPP/E (Practus, LLP), Monika Wendleby and Ranja Bunni (Passacon AB), Anna Cumzelius (Harvest Advokatbyra)  When: Monday, November 8, 10 a. m. EST, 16. 00 Europe CET  How: Use this link https://lnkd. in/ddVhCRhi to register. It’s free, but you must register in advance  Brought to you by: Practus LLP, Passacon AB (Sweden), Harvest Advokatbyra (Sweden)  Why you need this webinar  The GDPR places heavy legal demands on entities buying a new IT system or engaging consultants to create one. Under the GDPR, the purchaser is the Controller and the supplier/vendor/service provider is the Processor. Article 28. 3 of the GDPR compels Controllers to sign a written contract that requires compliance by the Processor. It’s... --- - Published: 2024-10-18 - Modified: 2024-12-16 - URL: https://practus.com/most-investments-advisers-must-establish-aml-cft-programs/ On August 28, 2024, the Financial Crimes Enforcement Network (FinCEN) issued new rules targeting illicit finance risks in the investment adviser industry. Known collectively as the AML Rule, it imposes anti-money laundering and countering the financing of terrorism (AML/CFT) requirements on the majority of  federally-registered and exempt reporting investment advisers. Investment Advisers covered by AML Rule  Investment advisers registered with or required to register with the Securities and Exchange Commission (SEC) (RIAs)  Investment advisers exempt from registration in reliance on either Section 203(l) or 203(m) under the Investment Advisers Act of 1940 (ERAs). What the AML Rule requires: The AML Rule requires RIAs and ERAs (Covered Advisers) to implement AML/CFT compliance programs similar to those required of other regulated financial institutions under the Bank Secrecy Act (BSA). Specifically, they must adopt a written risk-based AML/CFT program designed to prevent the investment adviser from being used for money laundering, terrorist financing or other illicit activities. To comply with the AML Rule, investment adviser AML/CFT programs must,at a minimum: Develop and implement internal policies, procedures, and controls  Designate a compliance officer responsible for implementing and monitoring the AML/CFT program  Provide for an ongoing employee training program  Implement an independent audit function to test the AML/CFT program  Implement ongoing Customer Due Diligence (CDD) procedures. File Suspicious Activity Reports (SARs) and Currency Transaction Reports (CTRs)  Adhere to recordkeeping and Travel Rule requirements  The AML Rule takes effect on January 1, 2026. FinCEN stated that it will adopt a customer identification program rule, later in... --- - Published: 2024-10-18 - Modified: 2024-12-16 - URL: https://practus.com/high-five-newsletter-10-18/ Legal news, some illegal. All of it interesting 1. Dragon Ball Zoiks! Woman Sues Over Spicy Dish Pro tip: If you don’t “tolerate” spicy foods, maybe don’t order the “spicy” Dragon Balls at a Thai restaurant – as in Fire Breathing, Flame-Shooting Creatures of Lore Balls. It’s advice too late for a California neurologist who claims the restaurant’s great balls o’fire scorched her throat and only $35K can heal her. Thai chilis rate hotter than cayenne peppers but cooler than habaneros and aren’t associated with permanent tissue damage. Even so, the woman cries, “conspicy” alleging that she ordered less peppers in her Dragon balls, but a new employee added extra. The restaurant says – Eye Balls rolling to Canada – there’s no reducing peppers. The chilis are inside the balls. Feeling the burn here... 2. Screamingly Bad Idea Gets Attys in Hot Water Two lawyers in Philadelphia left a judge shaking his head at what he called their deeply disturbing lack of judgment. He should know, he’s a judge. The lawyers represent a man who is suing the city. Police shot him while trying to arrest him and he spent 19 years in prison before his conviction was vacated. His lawsuit hinges on whether he could hear screams from two blocks away. So, our legal eagles set up a loudspeaker at predawn near row homes and a daycare center and blared recorded screaming for an hour. What in The Purge? The judge ordered the scream team to apologize to neighbors... --- - Published: 2024-10-16 - Modified: 2024-12-16 - URL: https://practus.com/court-says-couple-injured-in-a-crash-cant-sue-uber-steve-young-says-that-stinks/ Extra pepperoni, hold the constitutional rights A New Jersey couple suffered serious injuries in 2022 when their Uber driver ran a red light and hit another car. Naturally, they sued the ridesharing company. But a state appellate court ruled that they can’t sue Uber because their minor daughter ordered a pizza on Uber Eats. As she was clicking boxes for extra pepperoni, she also clicked a box, waiving her right to a jury trial and agreeing to take any future dispute to arbitration. In doing so, she waived her mom’s rights too. The court agreed with Uber that the daughter’s pizza order – made while the family packed for a ski trip – covered all legal claims. We’ll pack, you order food and give up our trial rights This decision leaves a bad taste in my mouth and not just because I hate pepperoni. The Seventh Amendment in the U. S. Constitution guarantees each of us the right to a trial by jury. The idea that a minor, ordering a pizza, amid a family scramble to get packed for a vacation, fully grasps the ramifications of checking the “I agree” box? Come on. It’s more absurd than asking for anchovies and pineapple on a pie. Fine print, monstrous consequences Uber successfully argued that the mother had previously clicked through the fine print and agreed to waive a jury trial. It also argued that Mom frequently let her daughter order food, inferring that the daughter knew she was acting on her... --- - Published: 2024-10-16 - Modified: 2024-12-16 - URL: https://practus.com/ray-holst-is-headed-to-the-summit-ultimus-client-summit/ (Dallas, TX) Deep in the heart of Texas, Practus partner, Ray Holst is speaking at the Ultimus Registered Funds 2024 Client Summit in Dallas. Ultimus is one of the largest independent fund administration providers in the U. S. Holst is heading a panel discussion on “Properly Executing a Section 351 Exchange. ” He says, “We’ll examine how to structure exchanges for top tax advantage and go over what potential pitfalls advisors should be thinking about. ”  The three-day event focuses on product trends, key challenges, and regulatory updates. Leading industry experts are invited to share insights and perspectives, discuss solutions to various problems, and offer up best practices. Practus is proud to be a Platinum sponsor of the event.   Ray Holst is a trusted senior U. S. federal income tax lawyer, experienced in working with public and private companies, offering tax and corporate guidance. He has worked extensively with financial institutions and products, advising both issuers and underwriters of the tax consequences of various securities offerings, as well as advising borrowers and lenders in credit transactions.    For more information on Practus LLP and our attorneys, please contact Carol Rose, Manager of Marketing and Communications.   --- - Published: 2024-10-16 - Modified: 2025-07-10 - URL: https://practus.com/cafc-clarifies-that-patent-claim-construction-is-a-legal-question-subject-to-a-motion-to-dismiss/ Construing patent claims can be hard. Most of the time you will need to read the entire patent to begin to make sense of the quasi-English that's used. I frequently hear engineers lament reading them to figure out what the heck they say. Good thing we trust judges and lawyers to do this, right? Right. Legal Question or Factual Question? But is this a legal question or factual question? Why do we care? A proper claim construction and questions about intrinsic evidence are decided de novo (without deference to the lower court), but “ubsidiary fact-finding” based on extrinsic evidence is sometimes useful, and such fact-finding is “subject to appellate review for clear error" (giving deference to the lower court). Bottom Line The Court of Appeals for the Federal Circuit held “here claims are construed based on intrinsic evidence alone, a decision on claim construction is not different in kind from the interpretation of other legal standards, which is proper and routine in ruling on a motion under Rule 12(b)(6). ” Background: UTTO Inc. v. Metrotech Corp. UTTO Inc. , the owner of a patent for a method of detecting and identifying underground utility lines ("buried assets"), sued Metrotech Corp. for patent infringement and tortious interference with prospective economic advantage under California law. The district court dismissed both claims. UTTO Patent UTTO's patent describes a method for detecting and identifying buried assets using a combination of GPS and previously stored buried asset data. The core of the process involves generating a... --- - Published: 2024-10-15 - Modified: 2024-11-05 - URL: https://practus.com/legal-insights-from-experienced-attorneys-to-help-you-stay-up-to-date/ In this roundup of the latest Practus legal insights, our attorneys cover some of the most pressing legal issues of 2024, providing timely guidance for businesses and individuals alike. From the breakdown of the AI and data privacy protection frenzy to the analysis of the landmark Google antitrust ruling, these articles offer valuable perspectives on today’s evolving legal landscape. Whether you’re seeking clarity on AI regulations, antitrust enforcement, or financial services, our team is here to keep you informed and ahead of the curve.   1. The AI & Data Privacy Protection Frenzy by Linda Priebe Linda Priebe explains the mounting concerns surrounding AI and data privacy in her most recent legal insights feature by identifying four key factors driving the frenzy: the rapid advancement of AI technologies, heightened regulatory pressure, growing public awareness of privacy risks, and increased corporate accountability. With AI being integrated across industries, she emphasizes the need for businesses to stay ahead of evolving regulations and privacy requirements. Her insights help demystify the current landscape, providing a clear roadmap for navigating these challenges while balancing innovation and compliance.   Get all the details on what to expect with the current state of AI and data privacy in her full article.   2. Landmark Google Antitrust Ruling Explained by John Parks The latest legal insights article by John Parks analyzes the antitrust ruling against Google and the implications this landmark case could have on Big Tech. John shares how this ruling focuses on Google’s dominance in online... --- - Published: 2024-10-11 - Modified: 2024-11-05 - URL: https://practus.com/high-five-newsletter-10-11/ Legal news, some illegal. All of it interesting 1. Blame It on the Alcohol – GA Mayor Accused of Supplying Inmates A small-town Georgia mayor isn’t like the other mayors. He’s a cool mayor, which is why he allegedly left a bottle of gin in a ditch for state prisoners on a work crew. So cool – until police arrested him after a city council meeting and charged him with two felonies. Meanwhile he’s suspended from mayor duties. Don’t expect him to rat out his friends – that’s for uncool mayors. This cool-hand Luke says he doesn’t remember what he did the day the booze turned up, nor does he know any prisoners. But hey, if you and your friends like need a ride or something from the store, he’s totally cool. He's got the prisoner vote here... 2. Gov’s Weird Veto & 400 -Yr Funding Bill Challenged Give Wisconsin’s governor an “A” for originality. Since 1930, the state’s top cheesehead has had partial veto powers. So, when lawmakers sent Governor Tony Evers a bill increasing how much money public schools can raise through 2024-25, he partially vetoed it. That is, he vetoed the “20” and the hyphen, making the end date 2425. We’ll do the math – that’s more than 400 years from now. Legislators from both parties gave the move an “F” and supported a legal challenge. Wisconsin’s Supreme Court is weighing the case. Given that justices called Evers’ partial veto “crazy” and “absurd,” it’s a good bet... --- - Published: 2024-10-10 - Modified: 2025-07-10 - URL: https://practus.com/cafc-rules-crocs-may-be-held-liable-for-misleading-consumers/ Crocs sues for Patent Infringement (Seattle, WA) Don't lie about your products. (We need to be reminded about this, apparently. ) More specifically, if something isn't patented ... don't say that it's patented. Crocs sued several footwear distributors Double Diamond Distribution, Ltd. ; U. S. A. Dawgs, Inc. ; and Mojave Desert Holdings, LLC (collectively, “Dawgs”) (collectively "Dawgs") for patent infringement. Dawgs counterclaimed under Section 43(a) of the Lanham Act regarding certain statements made by Crocs. Dawgs says Crocs’ Patent is a Croc According to Dawgs, Crocs’ website falsely described Croslite as “patented,” “proprietary,” and “exclusive” (collectively, “patented”). Dawgs alleged that by promoting Croslite as “patented,” Crocs misled current and potential customers to believe that “Crocs’ molded footwear is made of a material that is different than any other footwear. ” The company alleges that Crocs’ statements deceived consumers into believing that its competitors’ molded footwear products are “made of inferior material compared to Crocs’ molded footwear. ” Judge: “That’s a no for me Dawgs. ” The district court ruled against Dawgs on Crocs' motion for summary judgment, stating that that the terms “patented,” “proprietary,” and “exclusive” were claims of false designation of authorship of the shoe products and not "the nature, characteristics, or qualities" of Crocs’ products. Court of Appeals: “That’s a yes for me Dawgs” On October 3, the Court of Appeals for the Federal Circuit (CAFC) agreed with Dawgs. (Full opinion here. ) Dawgs argued it has stated a cause of action because the falsehood that Croslite... --- - Published: 2024-10-07 - Modified: 2024-11-05 - URL: https://practus.com/cas-ai-safety-bill-is-dead-now-what/ Building a safe environment that doesn’t stifle innovation is the eternal struggle of BigTech regulation. The dilemma’s never been more striking than in the shadow cast by the rise of generative AI. Fearing that California’s controversial AI Safety bill would smother the baby, the governor vetoed SB 1047. In my latest article for the Daily Journal, a flagship publication for California lawyers, I discuss what it means to have no comprehensive regulatory framework for AI safety in one of the world’s largest tech hubs.   Read the article: The Governor Vetoes the AI Safety Bill: What Happens Now? --- - Published: 2024-10-04 - Modified: 2024-11-05 - URL: https://practus.com/tim-spanglers-guide-for-investment-advisers-on-smart-contracts-blockchains-and-technological-disruption/ Smart Contracts are a new generation of computer programs that execute transactions on networks of computers called blockchains without the need for human intervention and intermediation. Most people associate blockchains with cryptocurrency such as Bitcoin, but as I explain in the latest issue of the Investment Adviser Association’s IAA Today, smart contracts have the power to transform financial market infrastructure. Check out my Smart contracts and the future of financial instruments: A practical guide for Investment Advisers.   You can also read a PDF of the article here. --- - Published: 2024-10-04 - Modified: 2024-10-08 - URL: https://practus.com/high-five-newsletter-10-4/ Legal news, some illegal. All of it interesting 1. Lambslide: Rancher Jailed for Cloning Giant Sheep An 81-year-old Montana rancher had big plans for big sheep. Now he’s counting them in federal prison for six months. Arthur Schubarth cloned a 300-pound Marco Polo baaaad boy to sell to game ranches. Bigger trophies bring bigger bucks and don’t we all want world fleece? His wool runnings began in 2013 when he got cloning DNA from a sheep his son hunted in Kyrgyzstan. Then Schubarth sold his clone’s, ahem, goods to ranchers all over the country. Since nothing about this was legal, Schubert couldn’t dodge ram charges forever. Feds eventually said, “goat ya,” leveling animal trafficking and conspiracy charges. Ram-ifications go beyond jail time. Authorities also confiscated his ranch. Sheep happens here... 2. Road Markings Not a Game of Twister – Just Looks Like It Officials wanted to make the streets outside two UK schools safer, but word on the street, literally, is that now they’re just confusing. Children helped design the new street markings which include triangles, circles, and swirls - none of which conform to Highway Codes. Planners say the designs, paid for with a $460K grant, slow drivers by attracting their attention. Some parents worry that the fun dots and shapes also draw kids’ attention, by making the street – where cars drive – look like a playground where children play. See the problem, mate? Why’d the nipper cross the road? To play in the street, ammiright? City planners... --- - Published: 2024-10-02 - Modified: 2024-11-06 - URL: https://practus.com/2-reasons-you-should-absolutely-review-your-estate-and-tax-plans-now/ As 2024 winds its way down, substantial changes to federal tax rates and exemptions could be on the horizon. The potential sunsetting of key provisions from the 2017 Tax Cuts and Jobs Act (TCJA) and possible capital gains tax changes make this a critical moment. Here are two reasons you should call your Trusts and Estates lawyer right now. Key provisions of TCJA set to sunset Only one thing is certain with the presidential election looming – uncertainty. That’s particularly true of what will happen to the gift and estate tax exemptions. The 2017 Tax Cuts and Jobs Act (TCJA) doubled the federal estate, gift, and generation-skipping transfer tax exemptions. Adjusted for inflation, these exemptions in 2024 jumped to more than $13M for individuals, and more than $27M for married couples. In January 2025, this federal lifetime exemption amount will increase for inflation one more time. However, the historically high lifetime exemption amounts under the TCJA are set to expire, or “sunset” December 31, 2025. Without new legislation, the exemption as of January 2026 could drop to approximately $7,000,000 per person. This drastic reduction could increase the tax liability for estates exceeding the new threshold, likely doubling the number of taxable estates across the U. S. Furthermore, other significant individual tax provisions that are also set to sunset at the end of 2025 include: The 37% maximum individual tax rate (reverting to 39. 6%) The $10,000 limitation on the deductibility of state and local taxes Modifications to the alternative minimum... --- - Published: 2024-09-30 - Modified: 2024-11-03 - URL: https://practus.com/embracing-lifes-changes-how-a-modern-law-firm-model-adapts-with-you/ Routines set the stage for our daily lives, providing structure to keep us focused and productive. For some, the day begins with that first sip of coffee, while for others, it starts with the morning rush of getting kids ready or the nudge of a furry friend reminding you it’s time for breakfast. But as the seasons change—especially when summer fades into fall and the back-to-school rush sets in—our routines naturally shift. In traditional law firms, balancing office time with these seasonal changes can be a challenge. At Practus, however, our modern law firm model makes it effortless to adapt, allowing attorneys to adjust their routines with autonomy over where, when, and how they work. We’ll dive into three ways a modern firm helps attorneys as their routines shift with the upcoming seasons: flexibility over schedule, remote work capabilities, and autonomy over workload. 1. Flexible Work Schedules for a Changing Daily Routine  Attorneys’ work schedules and how they plan their day vary depending on the type of law they practice and their personal lives. Traditional 9-5 models often don’t account for the differences between lawyers’ practice areas or how they interact with clients. For example, the daily routine of a litigation attorney is often different from a trust & estates attorney. Similarly, the routine of an attorney with young kids in the home also tends to look different compared to a lawyer without kids or kids that are out of the house. In a modern law firm like Practus, attorneys... --- - Published: 2024-09-27 - Modified: 2024-09-28 - URL: https://practus.com/high-five-newsletter-9-27/ Legal news, some illegal. All of it interesting 1. Darth Days for Star Wars-Named Kid Seeking Passport The empire struck back at a UK 7-year-old because of his Star Wars name. The parents of Loki Skywalker say the Death Star, or Passport Office, denied their son a passport because his name relates to a trademark or copyright. Authorities told them: do or do not get permission from Disney to use that name (there is no try) or – change it. The family almost turned to the dark side. Instead, they used the force (journalism) and suddenly, a new hope. After sharing their story with reporters, the Office issued their son’s passport. They’re not flying Han Solo. A child with a Game of Thrones name was also initially denied a passport. Obi serious here... 2. Star Wars Break Out Over Digital Clone Also from the Empire – clone wars. Actor Peter Cushing’s old friend is suing the makers of Rogue One: A Star Wars Story for digitally recreating his likeness 22 years after his death. Kevin Francis, who made several films with Cushing, says his chum gave him control of his image rights in 1993, agreeing not to allow any recreation through special effects. Disney sought a dismissal, saying Kevin, I am your father. Not really, but it did argue today’s special effects were scarcely conceivable when Cushing allegedly signed that agreement. Plus, it paid Cushing’s estate. A London judge admits Francis’ claims may be a sky walk, but not enough... --- - Published: 2024-09-25 - Modified: 2024-11-03 - URL: https://practus.com/practus-llp-hedge-fund-services/ Hedge funds have always attracted investment professionals looking to go out on their own. What’s not to like? It offers an escape from the confines of a larger corporate entity and a chance to run your strategy, not theirs. Many hedge fund managers started their careers at other hedge funds or mutual fund companies. They hit the ground running with available funding, a portable track record and ability to scale. This doesn’t sound like you? That’s because being so well-equipped out of the gate is rare. We call them unicorns. If you’re not a unicorn keep reading. We’ll line out what you need to think about in creating and marketing your own hedge fund.   What you need to consider in forming a hedge fund  At Practus LLP, we counsel and work with many aspiring and existing hedge fund managers, to guide them through the process of forming one. Although every client is unique, and we create solutions specific to their goals and interests, there are basic issues every prospective hedge funder needs to consider. 1. You’ve been told wrong. You need licensing  There is a misguided perception that if you are managing a private fund and catering only to accredited investors, you have little or limited obligations to register. Wrong. It is vital that would-be managers ensure they comply with federal, state and SRO regulations regarding initial registration and disclosure. This is why we strongly suggest you consult with counsel while laying out your business plan, before forming a... --- - Published: 2024-09-23 - Modified: 2024-09-24 - URL: https://practus.com/the-scramble-to-adapt-laws-and-regulation-to-ai/ If an AI-powered drone crashes into a building, who’s liable? The drone manufacturer, the software developer that gave the drone its brains, or the individual that purchased the drone and sent it airborne? As AI technologies explode across industries and our lives, they are blurring the lines of liability. We’re seeing a whole new paradigm emerging for which our legal frameworks may not be ready. In my latest article for the Daily Journal, Legal Liability Concerns in AI: What You Need to Know, I discuss the scramble by the courts and lawmakers to install AI guardrails without stifling innovation. Will the U. S. lean in the direction the EU is going or chart it’s own course? You can read the entire article here. --- - Published: 2024-09-20 - Modified: 2024-11-01 - URL: https://practus.com/high-five-newsletter-9-20/ Legal news, some illegal. All of it interesting 1. Why Disney Can’t Kill Paraguay Mickey Paraguayans love Mickey, a smiling mouse in a red suit and white gloves. Nope, not that Mickey – though Disney and Paraguay’s mice look so much alike it’s Goofy. This is Mickey (Mee-kay), mascot and name of a family-owned company that sells spices, condiments and more across Paraguay. Disney tried to assert, “Oh Mickey you’re so mine! ” in a trademark suit, but Paraguay’s Supreme Court rejected those claims. Paraguay Mickey trademarked the name in 1956 and renewed it without the entertainment behemoth protesting, so it’s immune from infringement claims. That immunity does not extend outside Paraguay. However, don’t shed any mousketears, Mickey’s owners don’t plan to go international anyway. All mouse ears here... 2. Dishonest Honesty Prof Loses Defamation Suit From our Irony files: A former Harvard professor who studied honesty until she was fired for lying in her research (honestly) cannot sue the university and the data sleuths who caught her for defamation. Francesca Gino sued Harvard and the scientists behind the blog that first raised concerns about her work – Data Colada – for $25M. Their findings prompted Harvard to investigate and retract three of her papers. The judge dismissed defamation claims, including one that Harvard defamed her by posting on the staff page she was on administrative leave. He did allow her to proceed with allegations Harvard breached her employment contract and treated her differently from other employees. Liar, liar you... --- - Published: 2024-09-16 - Modified: 2024-11-01 - URL: https://practus.com/2-reasons-steven-young-says-the-tiffany-co-engagement-ring-case-doesnt-shine/ When this diamond ring doesn’t shine for you anymore, when this diamond ring doesn’t mean what it meant before,* in other words, the wedding’s off, who gets the engagement ring? That’s the issue before the Massachusetts Supreme Court in a case that could see the justices change state law. Diamonds are forever. Engagements, not so much It began in 2017 when a would-be groom liked it so he put a ring on it* – a $70K ring from Tiffany & Co. His girlfriend said yes but while diamonds are forever – the engagement lasted maybe as long as a loaf of bread. He broke things off soon after giving her the ring, accusing her of having an affair and being verbally abusive. Will you accept this conditional gift (aka: engagement ring)? Massachusetts law considers an engagement ring a “conditional gift. ” They are, after all, unique from other gifts, symbolizing a mutual moral and emotional commitment. The giver in this case sued to get the ring back, attempting to prove the receiver was at fault for the change in plans. The lower court ruled against him on the basis he didn’t prove she cheated, and he appealed. No-fault engagement rings? The appeals court ruled for the giver, kind of. It decided the Massachusetts’ Supreme Court should follow other states’ no-fault engagement ring policies, where the ring goes back to the giver, regardless of who is at fault for breaking it all off. Why this case doesn’t shine for me anymore... --- - Published: 2024-09-13 - Modified: 2024-09-18 - URL: https://practus.com/high-five-newsletter-9-13/ Legal news, some illegal. All of it interesting 1. School Food Chief Doing Funky Chicken to Prison New York City’s former public schools food chief is now a jail bird over dirty birds served to children. Prosecutors say Eric Goldstein took bribes from a vendor to re-start serving its chicken tenders. The school system had canceled their contract bacaw an employee choked on a bone in a “boneless” tender. According to authorities, Goldstein demanded and received a bribe to reinstate them and it was immediately poultry in motion – the chicken tenders went back into schools despite repeated complaints of chicken roughness – metal and bone in the meat. Goldstein was sentenced to two years in a federal coop. Birds of a feather – the vendor’s three owners also got prison time.   Poultry heist here... 2. More Tears: J&J Sued Over Music in Drug Ads We’ve gotten used to drug ads tapping 70s and 80s songs. Announcers offering a long Listerine of potential side effects to life-affirming ear worms, while someone, suddenly clear of plaque psoriasis, hits the flea market, picks up photography again, or dances at a wedding. But in a new lawsuit, a major production music company accuses Johnson & Johnson of overdosing on copyrighted music in dozens of social media ads, without permission. Associated Production Music (APM) says J&J didn’t follow lawyers’ orders and baby shampoo-pooed requests to pay licensing fees. The company's Benadryl-ing down in court, claiming $150K per infringement is the only Band Aid... --- - Published: 2024-09-06 - Modified: 2024-09-10 - URL: https://practus.com/high-five-newsletter-9-6/ Legal news, some illegal. All of it interesting 1. The Grinch Who Stole Christmas – Venezuelan Version Venezuelans, crying deception, accuse Nicolas Maduro of rigging elections. They’re protesting and fighting over no power or lighting. What can a dictator do? He could order them not to be blue. The army is his after all, and his heart is two sizes too small. Instead he got a wonderful, awful idea for a cultural panacea. He’d steal the season of Christmas so people forget the reason they're listless! By national decree and quite sober, Maduro announced that Christmas starts in October. Deck the halls early, he cried, and forget that election so squirrely. But yule tide cheer didn’t flow, Venezuelans all groaned. Keep the hypocrisy, they say, all they want Christmas Day is democracy. It came without ribbons, it came without bags, here... 2. Ding Dong the Snack Is Dead in California? Here’s a zinger for school kids in California. State lawmakers have doused the fires of Flamin’ Hot Cheetos and other highly processed, fluorescent snacks by banning schools from serving them. Supporters Frito Lay out arguments that Cheetos and the like are more than just dangerously cheesy. They say the dyes in these products have been caught red-fingered worsening behavioral issues in kids with ADHD. The governor still needs to sign this first-of-its-kind ban. Fear of a children-of-the-corn style uprising stopped him from signing a similar bill last year. Critics call the mandate nothing but creamy filling that demonizes consumer brands and costs schools and... --- - Published: 2024-08-30 - Modified: 2025-02-26 - URL: https://practus.com/top-legal-topics-of-2024-midyear-review/ We kicked off the year by predicting the top 5 legal topics of 2024 that would be making waves across headlines. Well, now that we’re more than halfway through the year, it’s time to look at where those predictions stand and what our attorneys have to say about what you should expect for the rest of 2024. First, here’s a list of the top 5 legal topics we predicted at the start of the year: Generative AI and IP Cybersecurity and Data Privacy Bankruptcy Labor and Employment Law Constitutional Law You can dive deeper into why we predicted these would be the Top 5 Legal Topics of 2024 in the original article. But now, it’s time to analyze whether these legal topics have really been taking over the headlines or if others stepped in to take their place.   1. Generative AI and IP  It should come as no surprise that Generative AI and Intellectual Property remain at the top of the list for legal topics of 2024. With the integration of AI across nearly every industry, legal disputes involving AI are on the rise. Specifically, the use of generative AI which can create text, images, audio, and video content that didn’t exist in the past but uses past data and learning to create. Just some of the ways AI and Intellectual Property have made the headlines include:  Creating songs using AI that replicate artists’ voices. This has become increasingly common on social platforms like TikTok and Instagram where users... --- - Published: 2024-08-29 - Modified: 2024-11-01 - URL: https://practus.com/high-five-newsletter-8-29/ Legal news, some illegal. All of it interesting 1. Polly Wanna Smack Her? Pet Parrots Eviction Battle Legal eagles brought home a nest egg for a Manhattan woman facing eviction beakcause of her three emotional support parrots. When she moved into the co-op apartment in 1999, she had two parrots – Layla and Ginger. But in 2015, Curtis joined the girls and residents say it was cockatoo much – constant squawking and shrieking. Eventually, the co-op’s board tried to evict her. She pecked back with a fair housing complaint and a doctor’s note verifying her parrots were emotional support animals. Polly wanna hug? The dispute landed in federal court where under a consent decree she won $165K in damages along with $585K for her apartment. Celebratory cockatiels anyone? Squawk to the hand here... 2. Mattress Mack Won’t Take Power Outage Lying Down Texas tempurs are boiling. Millions of Houston residents lost electricity for several days after July’s Hurricane Beryl. Perhaps no one’s bed bugged more than Mattress Mack, a local furniture store owner famous for his cash-waving television ads. Lawmakers held legislative hearings and the AG is investigating, but Mattress Mack called out the utility company’s sleep number on X. When Beryl hit, a May windstorm that also knocked out power was still fresh in Mattress Mack’s memory foam. He went viral saying he won’t beautyrest until the company’s CEO resigns. His king-sized criticism prompted the CEO to assure lawmakers they’re working to regain the trust of customers and Mattress... --- - Published: 2024-08-27 - Modified: 2025-06-18 - URL: https://practus.com/six-minutes-with-robert-moreiro/ 1. How do you define your practice and areas of experience: I have over 20 years of considerable experience in Securities Regulation, advising Registered Investment Advisers and Broker-Dealers regarding their legal, regulatory and compliance issues. It’s given me a deep understanding of the federal securities laws. So, I provide Registered Investment Advisers and Broker-Dealers comprehensive and diverse services relating to all aspects of the federal securities laws, FINRA rules, and BSA/AML regulations. Additionally, I provide outsourced CCO services to Registered Investment Advisers and Broker-Dealers. 2. Tell us about your legal career journey. How did you get here? I went to law school after working for eight years after college. My first job was as a Multi-Unit General Manager for Taco Bell. I was there when Taco Bell tried out a “healthy” menu. It went over as well as when they took Mexican Pizza off the menu. After Taco Bell, I worked at the University of Miami as a financial analyst and entered their MBA program. In my law class, the professor asked us to conduct legal research and draft a legal memo. I really enjoyed it, so it made me consider law school. 3. Now, we have to know: what’s your go-to when the Taco Bell rings? Mexican pizza. 4. What is your professional secret sauce, the secret of your success? I treat my clients the way I would want to be treated. That means I come prepared and provide valuable services. You don’t always know if clients grasp the... --- - Published: 2024-08-27 - Modified: 2024-10-31 - URL: https://practus.com/here-come-the-copyright-infringement-suits-how-the-warner-chappell-music-v-nealy-case-made-the-discovery-rule-critical-in-determining-when-to-bring-your-case/ When do you need to bring a copyright infringement claim before you lose the right? Under the U. S. Code, the copyright infringement statute of limitations is three years. So, you have to bring a claim within three years. Within three years of what? The usual answer is within three years of the infringement. Yet, under the Supreme Court’s May 2024 case Warner Chappell Music v. Nealy, if you bring a claim within three years of discovering the infringement, you may be able to recover damages dating back to the initial infringement. Following Nealy, copyright holders seem to have a green light based on the so-called “discovery rule” to file infringement claims. What Is the Discovery Rule? Older infringement claims may be more viable post-Nealy based on the “discovery rule. ” The rule is a judicially created legal doctrine that determines when the hypothetical clock on your right to file a legal claim starts ticking. Think of statutes of limitations as creating windows of time during which you have a right to sue. This limitations window typically opens when a cause of action—a legal claim—accrues. The discovery rule turns on what it means for a claim to “accrue. ” Injury-Based Claim Accrual A legal claim typically accrues when an injury—i. e. , a harm you are entitled to sue over—occurs. This type of accrual follows the injury rule. Under the injury rule, you can theoretically sue someone who harms you as soon as the day the harm occurs. The window for filing your... --- - Published: 2024-08-23 - Modified: 2024-08-30 - URL: https://practus.com/high-five-newsletter-8-23/ Legal news, some illegal. All of it interesting 1. Witches Cast Spells, Lawyers Cast Confusion With respect to any and all legal documents, hereinbefore or hereinafter, scientists at MIT may have figured out why they’re always written in such Byzantine, inflated language that would befit something transcribed with a large-feathered quill on parchment and nailed to yon cathedral door. Hear ye. Researchers say their study suggests that just like magic spells use rhymes and archaic terms to sound more witchy and powerful (spider legs and chicken blood also work), lawyers and lawmakers use convoluted legalese and insert long definitions in the middle of sentences, to make documents sound more official. Linguists say that while human language evolves toward efficient communication, law is the rare exception. Whereas there’s more verbiage in witness thereof here... 2. Hot New Trend: Fashion War Fast fashion war is breaking out among two of its biggest bargain retailers. Shein is suing rival Temu. The pinstriped lawsuit ($25) accuses Temu of several fashion don’ts, including “Mafia-style” intimidation tactics, stealing trade secrets and intellectual property, pretending to be Shein on X, and pricing items too low to make a profit. To make up the difference, Temu allegedly encourages sellers to infringe on others’ IP rights. Temu says maybe Shein should look in the $3 mirror. It’s Tartan wrapped ($8) in a bundle of its own IP lawsuits from Levi Strauss, H&M, Uniqlo, and several others. One could say Shein’s Temu suit is a not-so-cheap knock-off of those. Who... --- - Published: 2024-08-22 - Modified: 2024-08-30 - URL: https://practus.com/noncompete-agreement-ban-struck-down/ FTC told it exceeded its authority  A federal judge in Texas has barred the Federal Trade Commission from enforcing a ban on noncompete agreements. The rule was supposed to take effect September 4, but the judge ruled that the FTC didn’t have the authority to issue such a broad action, which would have covered all existing and new noncompete agreements for U. S. workers. Big victory for DOJ  The decision represents a major victory for the Department of Justice, which accused Google of illegally preserving its monopoly among search engines, in part by paying companies such as Apple and Samsung billions of dollars to have Google as the default browsers on their products. Commission says noncompete agreements stunt wages  Feds argued that such contracts limit the ability of workers to switch jobs and suppress earnings. Companies opposing the ban on noncompete agreements insist they need them to protect trade secrets, business relationships, intellectual property and the investment they make to train employees. Not dead yet  The FTC says it may appeal the ruling. In addition to the Texas case, companies sued the FTC in Florida and Pennsylvania to block the ban. In Florida, the court granted a preliminary injunction prohibiting enforcement – just for the plaintiff. And the judge in Pennsylvania concluded the plaintiff couldn’t show it was irreparably harmed by the ban and probably wouldn’t win the case. Two such disparate rulings could mean the issue ends up before the Supreme Court. What’s next?   Even with the federal... --- - Published: 2024-08-19 - Modified: 2024-09-09 - URL: https://practus.com/practus-attorneys-named-best-lawyers-and-ones-to-watch-by-their-peers/ (Kansas City, KS): Six Practus attorneys across several practice areas have received the Best Lawyers award from one of the oldest and most respected peer-review publications, Best Lawyers®. Two other Practus attorneys were recognized as Ones to Watch. Inclusion in The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America is determined through a comprehensive peer-review survey, consisting of more than 27M evaluations, including a record-breaking 4. 2M responses.   Those who receive this honor do so because their professional peers have confidentially evaluated them and judged them to be best at what they do. The 2025 Best Lawyers Honorees:  Molly A. Aspan, Tulsa, OK (Recognized since 2021)  Corporate Law  Employment Law - Management  Labor Law - Management  Litigation - Labor and Employment  Jesse J. Camacho, Kansas City, KS (Recognized since 2023)  Litigation - Intellectual Property  Brian W. Grimm, Seattle, WA Healthcare Law  Robert Moreiro, Washington, D. C.   Securities Regulation  Jeffrey C. Rambach, Chicago, IL (Recognized since 2015)  Trusts & Estates  Andrea J. Shaw, Portland, ME  Banking and Finance Law  The 2025 Best Lawyers: Ones to Watch Honorees:  Ryan J. Cuthbertson, Boston, MA (Recognized since 2024)  Healthcare Law  Robert J. Rhatigan, Washington, D. C. (Recognized since 2023)  Administrative/Regulatory Law  Banking & Finance Law  --- - Published: 2024-08-16 - Modified: 2024-08-30 - URL: https://practus.com/high-five-newsletter-8-16/ Legal news, some illegal. All of it interesting 1. Sundae Bloody Sundae: Ice Cream Museum Sued A visitor to New York City’s Museum of Ice Cream says they fudged up safety. His lawsuit claims that when he jumped into the museum’s sprinkle pool - a pit of oversized plastic sprinkles – he broke his ankle and life’s been a rocky road ever since. He says the MIC’s website and social media invite the public to “dive into fun” with its sprinkle pool – which appears to be ankle deep in the pictures. That invitation, he says, was the cherry topper that cone-vinced him it was safe to jump into fun and sprinkles, only to have his dreams bomb popped. The museum’s not commenting. Milkshaken here... 2. Kicking up a Sandstorm in Malibu When Malibillionaires draw lines in the sand, they do it with bulldozers, natch. One billionaire financier is suing his other billionaire neighbor – Milwaukee Brewers owner, Mark Attanasio. His lawsuit accuses Attanasio of making a sand grab from the public beach to shore up his sea wall, in violation of the California Coastal Act. Attanasio has a permit but his neighbor’s not digging the huge excavators dredging sand from a steadily shrinking beach. Plus, he says the dozers are a sandhastle – cutting off access and leaking fuel on marine life. Attanasio waves off the lawsuit, calling it Malibull. Sandcrabs here... 3. $1. 5M Chicken Wing Thief Not Cage Free A Chicago school district official pled guilty to... --- - Published: 2024-08-12 - Modified: 2024-08-30 - URL: https://practus.com/law-firm-culture-highlights-of-the-year-so-far/ Since we launched in 2018, building a strong law firm culture has been at the heart of Practus. Even back in 2009, when the seeds of Practus were just beginning to sprout, we knew we wanted something different. Our founders had experience firsthand how the BigLaw environment—long hours, rare weekends with family, and office politics—led to unhappy and less productive attorneys. That’s why we’ve put so much effort into creating a culture where our attorneys look forward to starting their workday. Fast forward to today, and we’re excited to share some of our favorite parts of the Practus culture that have evolved over the years!   Why is Law Firm Culture Important?   Developing a strong law firm culture is crucial, especially for modern law firms like Practus that operate on a remote-first basis, as it ensures our attorneys feel connected and supported despite not physically being close together. Our team prioritizes maintaining a sense of camaraderie and community, which is lost in the majority of remote environments. We bring our culture to life through virtual (and a few in person) events that promote collaboration and relationship-building. These get togethers, friendly competitions, and celebrations encourage interaction and teamwork, while advanced technology facilitates seamless communication and virtual gatherings. This foundation of law firm culture supports attorneys during both good and challenging times, ensuring they feel valued and connected. By embedding culture into the fabric of the firm, Practus creates an environment where attorneys are motivated, engaged, and committed to their work... --- - Published: 2024-08-09 - Modified: 2024-08-30 - URL: https://practus.com/high-five-newsletter-8-9/ Legal news, some illegal. All of it interesting 1. Mattel’s Not Playing Around, Beats Idea Theft Suit A TV producer tried to Rock ‘Em Sock ‘Em Mattel in court. It didn’t play well. He claimed the toy maker stole his concept for the reality competition show The Toy Box (think Shark Tank for toys) after he pitched them the idea. He hoped to Polly Pocket $46M in lost profits. But his Barbie Dream House crumbled. After a 10-week trial, the jury sided with Mattel. Reason number Uno? Jurors found the concept generic. Mattel argued that the idea had been floating around for years. And they only met with him because Shark Tank’s executive producer was attached. When he left, Mattel rolled their Hot Wheels in another direction. Toy story here... 2. Home Depot’s Where the Upcharge Is - Allegedly District Attorneys from several California counties are suing Home Depot. They hammer the home improvement giant for allegedly overcharging the doers trying to get more done. The lawsuit claims HD has a pattern going back at least three years of overcharging at the cash register for products that were advertised, quoted, or posted in the store at a lower price. So instead of more saving, more doing, it’s more paying, more suing (from the DAs). And for Home Depot? No comment on the lawsuit. Faux prices are just beginning here... 3. Aggro Surfer Gang Stokes Gnarly Lawsuit Bro, Lunada Bay in Cali is famous for its rad barrels, and according to... --- - Published: 2024-08-07 - Modified: 2024-08-30 - URL: https://practus.com/3-reasons-molly-aspan-predicts-l-e-lawyers-will-be-slammed/ Labor and Employment attorneys can expect to be busy in 2025 because of several changes in 2024. But here are the top three developments that will keep your calendar full: Limits and challenges to restrictive covenants such as non-competition and non-solicitation agreements Administrative regulations expanding worker eligibility for overtime compensation A National Labor Relations Board pushing for broader worker protections and business communities challenging those developments Big changes on non-federal level too Those developments were on a federal level. But there are myriad happenings on the non-federal level that will prove especially challenging for multi-jurisdictional employers. As more states, counties, and cities are enacting laws providing workers protections and entitlements, employers with employees in multiple states (and sometimes even in multiple localities) are going to need legal counsel specific to each jurisdiction in which they employ people. And then there’s the election ... It’s also an election year, so you know employers are sure to have challenges related to political speech and voting rights in the workplace. Organizations’ legal departments won’t be the only one impacted. All these developments will affect Human Resources departments. 2025’s going to be intense for HR too, so get your vacations in now!   --- - Published: 2024-08-07 - Modified: 2024-08-30 - URL: https://practus.com/landmark-google-antitrust-ruling-explained/ Judge rules “Google is a monopolist” A federal judge ruled on Monday that Google violated Section 2 of the Sherman Antitrust Act by maintaining a monopoly in the internet search and advertising markets. In his 286-page opinion, Judge Amit Mehta wrote that, “Google is a monopolist, and it has acted as one to maintain its monopoly. ” Big victory for DOJ  The decision represents a major victory for the Department of Justice, which accused Google of illegally preserving its monopoly among search engines, in part by paying companies such as Apple and Samsung billions of dollars to have Google as the default browsers on their products. Could impact other antitrust lawsuits This is the first case the DOJ has brought against Big Tech since going after Microsoft in 2000. But the DOJ has also filed monopolization lawsuits against Amazon, Apple, and Meta. This Google ruling could significantly influence those cases. Being big is not automatically bad  Section 2 of the Sherman Act does not prohibit bigness per se.  Rather, to prove a violation of the statute, the government has to establish two elements: First, that the defendant has monopoly power in a relevant market and, second, that the defendant has created or maintained its monopoly power through exclusionary conduct. Thus, in ruling against Google, Judge Mehta found that not only did it have monopoly power in the general search services and general search text advertising markets, but also, that it had engaged in exclusionary conduct to maintain its monopoly power... --- - Published: 2024-08-06 - Modified: 2024-08-30 - URL: https://practus.com/4-things-linda-priebe-says-are-driving-the-ai-and-data-privacy-protection-frenzy/ Legal changes on blast Legal developments regarding high-risk data privacy/protection are blasting out like fire hydrants in the U. S. and EU. The EU AI Act became effective August 1 with its incorporated data protection (GDPR) compliance aspects bringing the highest risks for enforcement. ICYMI AI has been powering digital ads and website chatbots for years, but now AI is triggering much more scrutiny from consumers, legislators, and regulators with eyewatering EU penalties up to 7% of annual gross sales. New AI laws have also taken effect in the US in Tennessee and Utah with Colorado coming in 2026. What’s driving the data privacy/protection frenzy? US consumer concern about data privacy/protection has skyrocketed to #2 globally (behind Germany). US companies are attracting new international business opportunities and enjoying $2-5 in profits from each $1 they spend on data privacy/protection compliance. New data privacy laws in 21 US states (CA, CO, CT, DE, FL, IN, IA, MT, NV, OR, TN, TX, UT, VA, NH, NE, NJ, MN, MD, KY, RI) are getting more like the EU GDPR. Some have heightened sensitive data protection for citizenship/immigration status, reproductive health data, biometric data, children under 13, and geolocation. Data privacy assessments and written vendor contracts with audit rights all common in the EU are now also being required by new US state privacy laws. US State AGs in CA, CO, CT, and OR are collaborating to harmonize and enforce their new privacy laws. These new data privacy/protection laws have many requirements in common... --- - Published: 2024-08-05 - Modified: 2024-08-30 - URL: https://practus.com/advancing-women-in-law-progress-challenges-and-opportunities/ In recent years, the legal profession has seen significant strides in advancing gender equality and fostering an inclusive environment for women attorneys. However, challenges persist and the journey toward true equity is ongoing. In this third installment of our women in law series, we dive deeper into the current treatment of attorneys by examining progress made, persisting challenges, and opportunities for further advancement.   Progress for Women in Law:  Since our last update, there have been a few advancements in the representation of women attorneys. According to the American Bar Association (ABA), the percentage of women graduating from law schools continues to rise steadily with women now outnumbering men when it comes to the number of enrollments and graduates of law schools across the US. Source: The American Bar Association  This boom of young women lawyers entering the legal field means that women now account for 39% of all US attorneys, compared to 31% in 2010. With women making up 51% of the associates in the US, this progress is expected to continue steadily throughout the next few years.   A notable shift since our original women in law post is the increasing number of women entering prestigious law firms and assuming leadership roles within these organizations. Within the Top 200 law firms of the US, the gap between men and women lateral hires is the smallest it’s ever been. It’s almost non-existent with women making up 48. 9% of lateral hires in the Top 200. And finally, there has... --- - Published: 2024-08-02 - Modified: 2024-08-30 - URL: https://practus.com/high-five-newsletter-8-2/ Legal news, some illegal. All of it interesting 1. HOA Puts Squeeze on Kids’ Lemonade Stand Deep in a Colorado suburb, a homeowners association is fighting citrus street crime and pesky kids who need to grove up already. No sugar-coating here – we’re talking lemonade stands. HOA tuffies, aka Vitamin Censationalists, called the cops to report an illegal lemonade stand. When sheriff’s deputies arrived, they peeled the mean streets and found the juicenile delinquents. Instead of shutting them down, they had them move back from the road for their safety and left. HOAters called again, saying “Orange you gonna stop them? ” But the children’s parents live in the development, so they weren’t trespassing. The lemonade stands. Besides, Colorado law protects children’s right to sell lemonade. Juicestus served here... 2. It’s Not Me It’s Your Politics - DC Divorces Lawyers in the D. C. area say tumultuous disagreements, rampant polarization, and gaping partisan divides are tearing apart the foundations of – not democracy – marriages. Family law attorneys admit they’re seeing more divorces and custody battles instigated by differing political beliefs. They say COVID began socially distancing couples along ideological lines and it’s only gotten worse. In many cases divorcing spouses perceive that their partners’ views have gone from moderate to extreme. That elephant or donkey in the room, along with their social media posts, then factor into custody fights as one parent takes issue with the other’s automatic weapons around the house or another’s stance on LGBTQ+ issues. Continental... --- --- ## Attorneys --- ## Practice Areas --- ## Industries ---