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CJLLP Hosts Fall Ethics CLE

By Blog

The Dallas-based business and innovation law firm Chester & Jeter LLP is a sponsor of the DFW-STCL Alumni Network’s Fall CLE event, titled: “WHO IS MY CLIENT?  And Other Ethical Quandries”

Here is the event flyer:

The event has been approved by the State Bar of Texas for 1.5 hours of participatory ethics credit.

The co-sponsors of the event are Frost Bank and US Legal Support.

The September 9th event, offered at no cost to STCL alumni, will be held at 6301 Gaston Avenue, Conference Center, Lower Plaza Level, Dallas, Texas 75214 (about 3 miles northeast of downtown Dallas) from 5:30 – 7:00pm, with registration and networking happy hour starting at 5pm.  Snacks and drinks will be provided.

The event is free to STCL alumni, but registration is required and will be limited to the first 50 registrants.

The September 9th CLE is the next in a series of planned CLE events organized by DFW-STCL Alumni Network, an independent non-profit group of Dallas area alumni of South Texas College of Law.  The next CLE date is:

  • Tuesday, January 13, 2015 –  “Make it Rain:  Tips for Implementing a Networking/Marketing plan

Washington Resdkins Trademark Registrations Canceled by USPTO

By Blog, Intellectual Property, International Business

In a recent decision by the Trademark Trial and Appeal Board (TTAB), the administrative appellate body of the United State Patent and Trademark Office (“USPTO”), the USPTO cancelled the registrations of a handful of trademarks owned by the NFL’s Washington Redskins.

The ruling held the name “R\redskins” to be disparaging, with the TTAB stating:
“. . . petitioners have shown by a preponderance of the evidence that a substantial composite of Native Americans found the term REDSKINS to be disparaging in connection with respondent’s services during the relevant time frame of 1967-1990. Accordingly, the six registrations must be cancelled as required under Sections 2(a) and 14(3) of the Trademark Act.”

The USPTO’s ruling means that the Redskins, whose team name has been the subject of controversy over the years, will no longer enjoy some of the rights and privileges afforded to owners of USPTO-registered marks.

This decision does not require the football club to change its name, although the TTAB decision certainly looks like a “win” (at least for now) for the small but vocal current movement to try to persuade (or force) the club to change its name.

That said, the Washington Redskins retain their common law rights to their names and logos, which are well-recognized throughout the US (and many foreign countries) as marks owned by the club.

SOURCE:  USPTO TTAB

 

Ttab Order

USPTO TTAB Order – (as posted on web by Washington Post)

IP Guide: Protecting Software

By Blog, Intellectual Property, News, White Papers

Dallas-based business & innovation law firm Chester & Jeter LLP has recently posted a new white paper on its website.

The paper, titled “Protecting Software – Alternatives to Patents” discusses some of the concerns and limitations with using patents to protect rights in and to software, and provides some alternative tools and strategies that software owners can employ.

This free guide, along with other informative IP and business-related legal guides, is available  Here.

Chester named Chair of EDCC’s “Entrepreneur & Innovation Committee”

By Blog, Community, Innovation, News

The Greater East Dallas Chamber of Commerce (EDCC) has formed a new  Entrepreneur and Innovation Committee (E&I).

The new committee was recently created to reach a broader audience within the East Dallas community and meet the growing networking and information-sharing needs of the community’s entrepreneurs in the IT/technical and creative industries.

Chamber member Jim Chester, a Lakewood area attorney and founder of Chester & Jeter LLP, was named the founding chairman of the new E&I Committee.

“I was thrilled when Jim came to me with his ideas,” said Chamber Chair Darlene Ellison. “His vision includes tapping into the growing population of entrepreneurs in the Greater East Dallas community who are in the technology and creative industries, and providing networking to increase  business opportunity synergies amongst the members. JimJFC pic 2013 is the perfect Chamber member to lead the charge.”

The Entrepreneur and Innovation (E&I) Committee was formed to announce to the local and regional business community that East Dallas is a hub of innovation and entrepreneurship by spotlighting area start-ups and emerging companies, as well as innovation-based companies and resources.  By “Innovation”, the Committee intends to encompass two distinct yet interrelated areas: technical (IT, ecommerce, computers, software, etc.) as well as creative (PR, advertising, graphic design, web design, photographers, fashion, writers, etc.) innovators.

Of the new E&I Committee, Chester states:  “I am excited to be a part of this initiative of the Chamber.  There are already a number of entrepreneurs and innovative companies located in (or with ties to) East Dallas, so one of our primary roles will be to provide opportunities and places for these folks to gather, network, share ideas, and get assistance, resources and support.  Once folks see what the Chamber has to offer entrepreneurs and innovators like themselves, I expect that many will not only want to join the Chamber, but will get involved in the E&I Committee and its projects, as well as other Chamber activities – bringing new ideas and energy along with them.”

“As an additional benefit,” adds Chester, “we hope that, by showcasing East Dallas as a hub of innovation and entrepreneurship, we will encourage more companies to start or relocate their operations to the area.

“As the E&I Committee grows and evolves, we expect to implement a number of  initiatives over the next few years,” Chester declared.  “But our present focus is to start with a couple of core projects, build some momentum, and then go from there.”

The E&I Committee is off to a fast start:  it has already launched a mentor program in coordination with the Chamber’s Young Professionals group to match emerging innovators and entrepreneurs with more experienced business professionals.

In addition, the E&I Committee is currently promoting its inaugural “E&I”-centric happy hour networking event on May 28th at Times 10 Cellars.  Also in May, the E&I Committee is providing the an entrepreneur-oriented speaker and topic for the EDCC’s Brown Bag Lunch Series at C.C. Young on May 16th.  Similar additional events are planned later in 2014.

Some proposed projects include The Entrepreneur And Start-Up Training Development Sessions  (or “E.A.S.T.”) which will provide training for start-up businesses to go from “idea to enterprise” to include entity formation, tax issues, banking/accounting etc. A second, more advanced level of training would help people manage growth and handle “next stage” development issues such as office space, employees, branding, IT, etc.

Future plans include more ambitious projects such as partnerships with area schools in the promotion of the entrepreneurship and innovative careers, annual EDCC awards for area innovators and entrepreneurs, and even the establishment of an East Dallas innovation-oriented business incubator.

 

About the EDCC.  The Greater East Dallas Chamber works to promote the civic, cultural, business and educational interests in the East Dallas area. For more information www.eastdallaschamber.com.

About Chester & Jeter LLP.  Chester & Jeter LLP is a Dallas, Texas law firm providing comprehensive legal services to innovation-based companies doing business in the US, around the world, and on the web.  Its mission (and passion) is helping entrepreneurs and emerging companies solve problems and protect their interests. Chester & Jeter LLP delivers value by providing business-savvy, cost-effective solutions to legal challenges.  The firm offers a wide array of business legal solutions, such as business entity formation (LLCs, corporations, etc.), trademarks and other intellectual property, technology transactions, contracts, ecommerce, employment law and dispute resolution.  Additional information about the firm and its attorneys may be found at www.chester-law.com

 

Jim Chester Speaks at State Bar of Texas Annual “Advanced IP” CLE

By Blog, Customs IP Enforcement, Import, Intellectual Property, International Business, International IP, News, Technology Transactions

Dallas, Texas, 14 April 2014 – J. F. (Jim) Chester, founding partner in the Dallas-based business & innovation law firm of Chester & Jeter LLP recently presented a speech on the U.S. regulation of international technology transfers to a statewide audience of intellectual property attorneys at an event sponsored by the Intellectual Property Section of the State Bar of Texas (SBOT).

Chester’s presentation was part of the SBOT’s annual 2-day “Advanced IP” CLE program, which features many of the stats most notable IP attorneys.  This year’s event was held in Dallas, Texas.

The title of Chester’s presentation was: “International Technology Transfers”, and focused on the regulatory issues associated with the import and export of technology and IP-oriented goods and information.

Chester reports, “I was honored to be asked to participate in this program, which is one of the top IP law-oriented events in the State of Texas.  IP is an increasingly global asset, and although increased international trade creates opportunities for IP owners, there are also increased risks. I applaud the SBOT, and the IP Section in particular, for ensuring that emerging important subject like these are addressed in its programs. ”

 

 

 

About Chester & Jeter LLP

Chester & Jeter LLP is a Dallas, Texas law firm providing comprehensive legal services to innovation-based companies doing business in the US, around the world, and on the web.  Its mission (and passion) is helping entrepreneurs and emerging companies solve problems and protect their interests. Chester & Jeter LLP delivers value by providing business-savvy, cost-effective solutions to legal challenges.  The firm offers a wide array of business legal solutions, such as business entity formation (LLCs, corporations, etc.), trademarks and other intellectual property, technology transactions, contracts, ecommerce, employment law and dispute resolution.  Additional information about the firm and its attorneys may be found at www.chester-law.com

 

THE BOX: Corrective Action, not Employee Discipline

By Blog, Community, Employment, Grab Bag

Post by: Michael Melder

 

So the conversation started like this:

Business Owner: “I have two employees who don’t seem to be doing their jobs like I want them to.”  He provides me with specific examples.

I am sure you can think of at least one employee in your organization that isn’t living up to expectation.

After listening to him, I provided my philosophy about corrective action.  I call it “The Box.”

Employers hire employees to do a certain job; the employer’s defined position and duties are The Box.

An employee takes a job and a position and he has his own expectations of what the job requires and the duties necessary to perform the position.

This is the start of an expectation disconnect; the employee begins to move outside The Box.   As the employer and employee settle into the relationship, the employee will begin to define the job and position he thought the employer wanted him to do.  More importantly, the employee will begin to define the roll he wants to do.  Of course not all employees do this and sometimes the changes are welcome and positive.

However, clearly the business owner I was having the conversation with wasn’t happy with the performance of his employees.

He had allowed his employees to move outside of The Box.  He expected his employees to do “X” and they were doing “Y”.

I suggested he nudge the employees back in to The Box.  Meaning, communicate with the employee in a positive and constructive manner what the employer’s expectations are for the position and the expected duties.

Notice I said “in a positive and constructive manner.”  Correct the behavior.  Define your expectations.  This is corrective action or what most employers call “Progressive Discipline” in their handbooks.

I’ll admit that at some point correcting an employee who fails to fall in line will require traditional discipline.  However, if expectations are communicated effectively, such discipline isn’t a surprise to the employee.

Surprise is what you want to avoid.  An employee who feels ambushed by an employer will look to third parties for help.  I get those calls all the time from jilted ex-employees trying to figure out the “Why.”

Sometimes it is a good thing to think inside The Box. Nudge an employee back – don’t push.

FMLA: Intermittent Leave & The Party Animal

By Blog, Community, Employment

 

FMLA: Intermittent Leave & The Party Animal

Regulating Intermittent FMLA Leave: May an Employer Request a Doctor’s Note for Each Intermittent FMLA Absence?

Post by:   Michael Melder

[The above subtitle came from an article I recently read.  If you would like to read it, click here.]

 

If you don’t want to read it here is a short summary: the employer in the article got tired of employees using intermittent FMLA to extend their weekends.  A few employees were taking FMLA leave on Mondays and Fridays.  The employer believed the employees were abusing their leave. Really, employees would do that!

For you employers who haven’t experienced this yet, employees may take family medical leave is small chunks. For employers having to administer FMLA, abuse of intermittent leave can cause many headaches. One common problem is trying to stop an employee who is intentionally using family medical leave to take three day weekends. This employer was just trying to stop the practice of some employees using intermittent leave to do just that, take extended weekends.

I highlight the article because it spotlights an important issue, how does an employer deal with an employee abusing family medical leave?   The employer in the article resorted to requiring the employee to get a doctor’s note for each leave request. If you are considering that option don’t; it might lead you to the courthouse steps.

So what is an employer to do?

Before I answer the question, let me digress and quote some law, “The employee and employer shall attempt to work out a schedule for such leave that meets the employee’s needs without unduly disrupting the employer’s operations, subject to the approval of the health care provider.”

The quote should be empowering!  The FMLA actually requires the employee to work with the employer to work out a schedule that doesn’t disrupt the employer’s operations. If an employer suspects abuse, such as an employee who seems to take too many Mondays and Fridays off under the guise of FMLA, take control.

How?  Low hanging fruit, but consider these:

  1. Require the employee to provide dates when leave is to be expected, if possible.
  2. Push back when leave does disrupt operations.
  3. Provide alternate days or times that fit with operations.
  4. If you consider abuse, address it.

What would that look like?  Well, circling back to the article.  If an employee is taking too many Mondays and Fridays off, have the employee reschedule that leave to a Monday afternoon or a Friday Morning or a Tuesday or Thursday.

The employer has every right to require the employee to take leave that works with the employer’s schedule. It is a collaborative process.  Like any legal issue it isn’t black and white, but if you suspect abuse, exercise your right to require the employee to work out a schedule that doesn’t disrupt operations.

 

An 18-Wheeler with better Gas Mileage than your SUV?

By Blog, Innovation, Intellectual Property, International Business, News

Pedestrians passing by the Energy Department headquarters in Washington, D.C., on February 19 saw quite a strange sight—an ultra-modern 18-wheeler, Class 8 tractor-trailer parked outside the headquarters building. This is no ordinary truck—it’s called a SuperTruck, a demonstration vehicle that is part of the Energy Department’s SuperTruck initiative. This program’s goal is to develop tractor-trailers that are 50% more efficient than baseline models by 2015.

The truck on display, developed by heavy-duty manufacturers Cummins and Peterbilt, has exceeded this goal. Since 2010, the truck has demonstrated a 20% increase in engine efficiency and a 70% increase in freight efficiency, reaching over 10 miles per gallon under real world driving conditions on a Class 8 tractor-trailer. In comparison, an average Class 8 truck typically gets 5.8 miles to the gallon. This accomplishment is so impressive that the SuperTruck served as a backdrop to President Obama’s announcement of new fuel economy standards for heavy-duty vehicles.

Improving the efficiency of long-haul tractor-trailers is one of the many ways that the United States can reduce the amount of petroleum we use and the carbon pollution we produce. Commercial trucks, which include Class 8 vehicles, haul as much as 80% of the goods transported in the country. Although they only make up 4% of vehicles on the road, they use about 20% of the fuel consumed. For the complete story, see the EERE Blog

SOURCE:  US Dept of Energy

CHESTER Sponsors Social Media Ethics CLE

By Blog

The Dallas-based business and innovation law firm Chester & Jeter LLP is co-sponsor of the DFW-STCL Alumni Network’s inaugural CLE event, titled: “ETHICS & SOCIAL MEDIA: To Post? Or not to Post? That is the Question”

Here is the event flyer:  DFW-STCL CLE Flyer.

Greg McAllister of Gruber Hurst Johansen Hail Shank, LLP will discuss social media legal issues related to discovery, trends, and employment law. He will also discuss ethical rules related to attorneys using social media.

The March 6th event, offered at no cost to STCL alumni, will be held at the firm’s offices at 6301 Gaston Avenue, Suite 730, Dallas, Texas 75214 (about 3 miles northeast of downtown Dallas) from 5:30 – 6:30pm, with registration and networking starting at 5pm.  Snacks and drinks will be provided.  Fears | Nachawati are also co-sponsors of the event.

The March 6th CLE is the first in a series of planned CLE events to be organized by the group.  The additional CLE dates are:

  • Tuesday September 9, 2014 – DFW-STCL Network Ethics Course (at least 1.5 hours CLE Ethics)
  • Tuesday, January 13, 2015 –  “Make it Rain:  Tips for Implementing a Networking/Marketing plan