The NLRB Joins the Anti Non-Compete Chorus

May 31, 2023

By Lisa F. Harper, Esq. On May 30, 2023, Jennifer Abruzzo,  General Counsel for the National Labor Relations  Board (the “NLRB”), took aim against non-compete agreements.  As we advised you in our February 14, 2023 blog, non-compete agreements have been in the cross hairs of Congress, the FTC and President Biden since early 2023. In a May 30, 2023 Memo by Ms. Abruzzo, the NLRB joined the chorus. In general, Ms. Abruzzo stated that, Non-compete provisions are overbroad, that is, […]

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So, you want to put Delta-8, CBD, or THC in your beer?

April 28, 2023

The legal state of hemp derivatives after the Farm Bill of 2018.   It seems the market is flooded with hemp or CBD products from gummies and chocolates to lotion and waters. Considering the 2018 Farm Bill, which declassified industrial hemp (less than .3% THC) as a controlled substance, this proliferation makes sense. As the government removes controls, enterprising retailers and producers see myriad new products that could stock shelves. However, what types of hemp or CBD products can actually […]

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Wondering why cobwebs are accumulating on your trademark application?

April 11, 2023

We get this question a lot, and it’s understandable given the current lengthy delays at the U.S. Patent and Trademark Office (USPTO). Right now, the USPTO estimates current processing wait times for a trademark application to be approximately 14.5 months – and that is assuming there are no issues with the application that need to be corrected or otherwise dealt with. Part of the reason for the lengthy delays is due to a surge in trademark filings during the pandemic, […]

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Protecting Your Brand During Start-Up Through an Intent-to-Use Application

February 28, 2023

Trademarks:  Use in commerce is the key to federal registration, but an intent-to-use application can provide you with the significant advantage of holding your place in line and preserving priority prior to actual use. By Cher Gregoire, Esq. Your business can obtain certain protections and rights in your trademark by registering the mark with the United States Patent and Trademark Office (USPTO) – but you can’t get a registered mark without first establishing use of the mark in connection with […]

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NLRB Nixes Use of Non-Disparagement Clause in Severance Agreement

February 22, 2023

By Lisa F. Harper, Esq. Yesterday, February 21, 2023, the National Labor Relations Board (the “NLRB”) held that a non- disparagement clause contained in a severance agreement violated the National Labor Relations Act (‘NLRA” ) in NLRB v. Macomb, et al. See, McLaren Macomb had offered severance agreements to furloughed employees that contained a non-disparagement clause that prohibited those employees from making “statements to [ Macomb’s] employees or to the general public which could disparage or harm the image […]

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Georgia Entity Annual Registrations Are Due

February 21, 2023

Georgia Entity Annual Registrations Due: Important to file your entity annual registration by the April 1st deadline. By C. David Lumsden, Esq. Georgia entities, such as corporations and LLCs, must file their annual registrations with the Georgia Secretary of State by the April 1st deadline. This can be done easily on-line on the Georgia Secretary of State website using a credit card to pay the $50 annual registration fee. TFH Legal can file one on behalf of your entity if […]

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Non-Compete Agreements – In the Crosshairs of Congress, the FTC and President Biden

February 14, 2023

2023 has not been a good year so far for non-compete provisions and it looks like the attack on those provisions is heating up even more.   The thought is that such provisions unfairly limit an employee’s right to work, decrease wages and stifle entrepreneurship.  The opposing thought  is that employers who invest a substantial amount of time, money, and/or proprietary training in an employee, particularly an executive or a salesperson, believe that that the employer should get some protection […]

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New Businesses: Do You Have Questions About Ongoing Compliance?

February 8, 2023

Opening a business is not for the faint of heart. There are numerous licenses, permits, and various registrations and fees associated with starting a business. A key thing to remember is that compliance does not end with the grand opening of your business. Compliance is a continual obligation and responsibility of a business owner. Does your local jurisdiction require submission of any reporting, e.g., wastewater discharge, or excise taxes? When is the renewal of your business license due? Do you […]

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