Blackletter

Tom Dunlap sits down with Blake Fellows of Fellows Financial Group & Marie Henderson of MarieHenderson Group to discuss business and real estate planning for athletes. Topics include athletes and property ownership, advocacy, and pertinent financial advice to avoid falling trap to predators.

https://www.dbllawyers.com/resolving-a-security-clearance-revocation/

Although no one has a right to a security clearance, to revoke a clearance, the government must follow good due process requirements for the revoking and denial of a security clearance. A security clearance allows a party to have access to classified information.

Executive Order 12968 sets forth the minimum due process requirements for Federal employees. If a clearance is denied or revoked, a detailed written explanation of the reason for the decision must be provided. It requires that any documents upon which the decision based be disclosed upon request. It details the employee’s right to counsel and a reasonable opportunity to reply. It requires that written notice of the denial or revocation be served. It also requires that the employee is given a chance to appear before an adjudicative authority other than the investigating entity.

Executive Order 10865 spells out due process requirements for federal contractors. It provides for notice of the reasons for the action, an opportunity to respond, the right to a hearing and the right to be represented by counsel.

Understanding why a clearance is denied or revoked requires an understanding of the guidelines that must be adhered to. Some of the guidelines are as follows:

• Allegiance to the United States. The contractor or employee cannot belong to a terrorist group, or advocate an overthrow of the U.S. government
• Foreign influence. The contractor or employee cannot have an association with foreign citizens or interest with a foreign business that potentially could coerce that person into interests contrary to the United States.
• Foreign Preference. The contractor or employee cannot act in such a way as to indicate a preference for a foreign country over the United States, service in a foreign military or accept scholarships or pensions from a foreign country.
• Sexual behavior: The contractor or employee cannot engage in criminal sexual behavior.
• Personal Conduct. The contractor or employee cannot refuse to cooperate with the clearance investigation.
• Financial Considerations. Unexplained wealth, participation in white color crime and the failure to meet financial obligations are all reasons for denial or revocation.
• Alcohol consumption. The contractor or employee must not engage in alcohol-related incidents, both at work and away from work.
• Drug use. The contractor or employee cannot use illegal drugs.
• Emotional, mental or personality disorders. Any condition that may indicate a defect in judgment is cause for denial or revocation.
• Criminal conduct. The contractor or employee cannot engage in criminal conduct.

Although not an exhaustive list, the aforementioned are the most egregious activities that the government will look at while deciding a denial or revocation. Defense of these investigations is crucial to overcoming them. The best way to protect your business is to avoid these activities. However, there are times when your employees can hide their record of such activities. Then your business suffers.

The attorneys at Dunlap, Bennett & Ludwig are experienced in all aspects of security denials and revocations. We can also assist in responding to investigations and appear at all hearings on your behalf. Applying for a security clearance? We can assist in completing the Questionnaire for National Security Positions. Your case will be handled with discrete, careful representation designed to protect your company and contracts. If you have encountered a denial or revocation, call our team at (866) 755-8745.

https://www.dbllawyers.com/creditor-claims-asserted-through-probate/

When a loved one dies, they will likely leave debt of some sort.  If the death was unexpected, the debt can be a tremendous burden on the estate.  A probate attorney can help resolve debt in a way that favors the heirs.

Like a bankruptcy, probate has deadlines that dictate how and when a creditor’s claim must be filed.  Each debt must be treated separately.  Deadlines will extinguish some of these debts, but not all.  A probate attorney can help you determine which debt might be extinguished using probate deadlines.  The first defense against creditor claims is providing notice and seeing which creditors respond in a timely fashion.  Many simply fail to meet the basic deadline.

Creditors who do meet the deadline frequently fail to provide basic documentation supporting the claim.  As such, a demand for documentation, including a deadline for response, starts the clock and opens the door to the rejection of the claim for cause.  Many creditors do not follow-up on either the documentation or the rejection of a claim for cause.

If the creditor does provide documentation and verify the debt, a probate attorney can work to negotiate the debt down.  Once a valid claim has been submitted, the administrator can accept the claim, or the attorney can force the acceptance of partial payment based upon the size of the estate.  Most creditors do not want to wait until after all priority claims have been resolved in order to collect the money owed to them, and are typically willing to negotiate with a probate attorney and give deep discounts in order to receive immediate payment.

It is possible to achieve discounts in creditor claims when a probate attorney is hired to represent the estate and negotiate the debt.  Creditor claim reductions can save an estate a substantial amount of money, which ultimately results in a higher amount available for distribution to the heirs.

Tom Dunlap chats with Kurt Klaus and Mikail Chowdhury about legalities within the film industry. They explore topics such as legal challenges in film, early film development and investors, and major takeaways from a legal standpoint in film production.

https://www.dbllawyers.com/responding-to-a-2d-likelihood-of-confusion-rejection-by-the-uspto/

This is a complex issue that may be difficult to overcome.  Because this is the case – while you have the option to file a response yourself, we recommend contacting us and speaking to one of our experienced attorneys – which include form USPTO examiners with decades of experience.  To learn more, please continue reading below.

A “Section 2(d)” or “Likelihood of Confusion” refusal will issue if the Examining Attorney feels that there is a likelihood of confusion with a prior-filed trademark registration. Two marks do not need to be identical in order to cause a likelihood of confusion, nor do they need to be used in connection with identical products or services. If the marks are too similar and are being used in connection with related products or services, the Examiner may find a likelihood of confusion. The inquiry is therefore highly subjective and reasonable minds often will differ about whether two marks are confusingly similar.

In order to overcome a Section 2(d) Office Action, you need to submit a defense of your mark that analyzes all of the relevant likelihood of confusion factors as they apply to the marks at issue.  The issue is not whether the two (or sometimes more) marks or the goods or services offered are likely to be confused but, instead, whether there is a likelihood of confusion as to the source or origin of the goods or services because of the marks used on or in connection with the goods. The degree of how related makes are in this context is viewed in light of all the factors under a case called In re E. I. du Pont de Nemours & Co.  Courts have looked at these factors in different ways and this allows a creative attorney who is experienced and familiar with a host of different case law to make the right argument as to why registration should be allowed.

Two very important points with respect to the duPont factors: First, not all of the factors are relevant in every case, and second any one of the factors may control a particular case.  The two main factors – that apply in every case are:

1. The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression, and
2. The relatedness of the goods or services as described in the application and registration(s).

The other factors that might be relevant are:

1. The similarity or dissimilarity of established, likely-to-continue trade channels.
2. The conditions under which and buyers to whom sales are made, i.e., “impulse” vs. careful, sophisticated purchasing.
3. The number and nature of similar marks in use on similar goods.
4. The existence of a valid consent agreement between the applicant and the owner of the previously registered mark.

There are other strategies as well.  If you would like an analysis of your likelihood of confusion rejection by the USPTO, click this link to schedule a call or request a written analysis.  Our attorneys include former USPTO trademark examiners with decades of trademark experience.