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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Are Non-Disparagement Clauses Soon to Be Extinct?

January 30, 2023

Recent pronouncements by the National Labor Relations Board (the ‘NLRB”), and recently enacted state and federal laws indicate that non-disparagement clauses may soon go the way of the dinosaurs. For a number of years, employment agreements that contained non-disparagement clauses have been found to violate Section 7 of the National Labor Relations Act (the ‘NLRA”), depending on the language of the same.  For example , in 2013, it was held that an  employment agreement that provided that the employee would […]

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Taxes, Taxes, Taxes!

January 27, 2023

If your establishment is located in the City of Atlanta, did you know that selling distilled spirits (liquor) requires you to pay tax-by-the drink. What is tax-by-the-drink? Alcohol tax by the drink is a tax levied, in addition to other taxes imposed by the law, upon every purchase of a liquor-based drink in the City of Atlanta in the amount of 3% percent of the purchase price. All taxes collected by any agent or licensee are due and payable to […]

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Ten Employer Considerations and Facts Regarding Labor Unions

January 17, 2023

By Lisa F. Harper, Esq. The National Labor Relations Act (the “NLRA”) is a federal statute enacted in 1935 that, among other things, gives employees the right to engage in concerted activities to  improve working conditions and/or to form or join a union. The National Labor Relations Board (the “NLRB”) was created by Congress to enforce the NLRA, and in that regard it promulgates rules under the NLRA; supervises union elections; investigates, conducts hearings and rules upon alleged violations of […]

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Taylor, Feil, Harper & Lumsden P.C. is a full service Atlanta law firm that concentrates in providing corporate and litigation services to a diversified business community ranging from entrepreneurs to Fortune 500 companies.

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