I’ll fail to answer that question later. The U.S. Patent and Trademark Office (USPTO) grants and maintains trademarks. What is a trademark? USPTO lawyers helpfully tell us a “‘trademark’ protects the use of a word, name, symbol or device that is used in the trade of goods to identify the source of the goods, distinguishing the goods from those produced by another.” What? In plain English, a Mark (a trademark) can be a word or phrase, a symbol, or a combination. It is intended

“Rather fail with honor than succeed by fraud.” – Sophocles Some people live by Sophocles’ principle. Others do not. As a consequence, good, smart, and successful people ask our Firm and forensic team to figure out whether they are or have been ripped off and, if so, what to do about it. Being good at business is not enough. Fraud is rampant. The numbers vary, but reports estimate that fraudsters steal between $27B and $50B each year. Heck, Bernie Madoff apparently stole $50B

“Would you tell me, please, which way I ought to go from here?” “That depends a good deal on where you want to get to.” “I don’t much care where –” “Then it doesn’t matter which way you go.” ― Lewis Carroll, Alice in Wonderland “The only thing worse than no-deal is a bad deal.” A close friend and client shared this homily with me. It struck a cord, maybe “B Sharp” (get it?). I share B Sharp or as I now call it, “Shaffer Rule # 1” with “start-up clients, when it appears th

We assist clients to productively manage their workforce. A couple of weeks ago, I discussed ways to mitigate the risk of embezzlement. Today, I am writing to discuss the use of "Paid Time-Off Banks" ("PTOB"s) to reduce human resource management costs, while improving employee job satisfaction. Employees are a critical asset. They are also a substantial expense. Human Resource policies should both enhance employee job satisfaction and control employment related expenses, inc

It has been a while since I last offered my thoughts about how best to use the legal system to your business advantage. To be honest, after writing about bankruptcy and reducing payroll costs, I had little to offer that appeared useful during these challenging times. Me with no clue; go figure. While challenges remain, my practice is revealing opportunities for well positioned start-ups and established small businesses based upon substantial reductions in the

Our firm has experienced substantial changes in the past year. We have a new address, new staff, new equipment, and more litigation than contract and transaction work. There are two constants: me and our need to update our website. If you recall, I write about legal issues that are annoying me. This month’s prize is asset protection coverage provided by insurance policies. Because carriers make money by minimizing claim pay-outs, there is a substantial disparity between the v

Well, has anyone seen the economic recovery? I have been looking, but can’t find it. Restructuring and deleveraging continues and we must adjust. Business downsizing or failures present both challenges and opportunities. As companies vacate their sectors, the need increases for new leaner businesses which provide better services and products for lower prices. As companies continue to shed employees, for some, the only option is to start their own business. For example, I ha

It is a new year. We have a new President and Congress who will present us with challenges to meet and opportunities to assess. We are heading in a direction where mutual sacrifice is in and greed is out. Despite the fact that personal responsibility also is in, I suspect that lawsuits and bankruptcy filings will not be out. Accordingly, the next several months will be anything but dull. My subsequent posts will focus on positive uses for the law such as leasing, asset purc

Before addressing this less than exciting topic, I want to wish all of you Happy Holidays, Merry Christmas, Happy Hanukkah, Happy Kwanza, and a Joyous New Year. This next year is shaping up to be a challenge which will make us smarter and stronger. Hard work and careful planning will get us through it to enjoy the recovery. The current economic disruption is presenting us with opportunities which some of my clients are exploring. However, many of us are confronting the “dark

Given the state of our economy, companies are looking for ways to reduce their cost of doing business. I have engaged my own staff to aid in a similar effort. As you might have guessed, their first suggestion was that I fire myself to reduce costs and increase their productivity. I have asked them to refocus. In recent weeks, many of my clients have focused on saving via reductions in payroll. This often involves: hire freezes, reductions in entry level salaries and benefits