LawGram Volume 12, No. 2

Table of Contents

THE IMPORTANCE OF PROPER TRADEMARK SELECTION

by Cynthia B. Stevens

A company’s trademark, service mark and/or logo can be one of its most valuable business assets. Trademark selection is a vital first step to obtaining trademark protection. When choosing a trademark or service mark it is important to adopt a name that will be afforded trademark protection. A mark that is considered weak may not serve as a good identifier of source and as such would be entitled to only a narrow scope of protection. By helping our clients identify and select strong marks, we assist them in developing a single brand or a strong trademark portfolio that can become valuable business assets.

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HOW DOES THE NATIONAL LABOR RELATIONS ACT IMPACT THE NONUNION WORKPLACE?

by Jonathan M. Weis

A financial institution’s employee ran a Ponzi scheme for 10 years. Without the institution’s knowledge or authorization, the employee issued false securities to investors through brokers in exchange for funds, which were transferred to an account controlled by the employee. While purportedly underwritten by the institution, and seeming so on face, the institution denies having anything to do with the securities and asserts that they were completely fraudulent, phony and unauthorized. The employee’s last set of investors incurred losses when the scheme collapsed. The employee is now unable to repay those investors and the financial institution refuses to do so. Will the institution’s fidelity insurance bond cover the losses suffered by the third-party investors?

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WELCOME HARRY E. BARTOSIAK

LEVIN GINSBURG is pleased to announce that Harry E. Bartosiak has joined the firm. Mr. Bartosiak is a graduate of Loyola University Chicago School of Law (J.D., 1992) and Loyola University of Chicago (B.S.,1989), and has joined the firm as a Partner in its Corporate, Real Estate and Health Care Practice areas. He was previously a partner with Tressler LLP and Schain, Burney, Ross & Citron, Ltd, served as in-house counsel for a national health care company, and maintained a successful private practice.

Harry represents physicians and physician’s organizations and other medical providers in connection with all aspects of health care law, including practice organization and development, Medicare and Medicaid regulations, fraud and abuse issues, employment matters, shareholder agreements and compensation structures. In addition to representing closely held corporations and their owners in all aspects of business planning and development, Harry also representing clients in the acquisition, disposition, financing and development of commercial properties including drafting and negotiating lease agreements.

ALERTS

How Does the National Labor Relations Act Impact the Nonunion Workplace, by Jonathan M. Weis, was published in the April 2012 edition of the Illinois Banker, the publication of the Illinois Bankers Association.Michael L. Weissman has completed the book Documenting Commercial and Industrial Loan Documentation published by IICLE Press, January, 2012, which is available through that organization.

Watch for Mike’s monthly articles under the caption “Tales of Whoa” in The RMA Journal. Some of his recent articles for this publication were:

  • Strict Compliance with the Notice Provisions of the Food Security Act Is Required, June 2012
  • Mortgagee Under a Title Insurance Policy Is Entitled to Enforce It Even if the Debt on Which it is Based was Preceded by Fraud, May 2012
  • Recorded Mortgage that Includes an Assignment of Rents Takes Precedence Over a Federal Tax Lien in Rents Collected by a Receiver, April 2012

Also watch for Mike’s monthly articles in Flashpoints for the Illinois Institute for Continuing Legal Education. His recent articles include:

June 2012

  • Whether a Bank’s Acceptance of a Defaulted Borrower’s Collateral Pursuant to a Stipulation and Court Order is a Strict Foreclosure
  • The Issues that Arise When a Court Reviews the Enforceability of a Jury Waiver for the First Time
  • Whether a Construction Loan for the Development of Two Residences the Borrower Represented He Would Not Occupy is Subject to the Truth in Lending Act
  • Whether a Bank was Barred from Foreclosing a Mortgage it Did Not Own at the Time the Foreclosure Action was Commenced
  • Whether a Bank That Forecloses on a Borrower’s Stock is Entitled to the Refund of an Earlier Capital Call on the Stock it Satisfied for the Borrower

May 2012

  • The Notice Required to Perfect a Purchase Money Security Interest
  • What Constitutes a Counterfeit Title Certificate for Insurance Recovery Purposes
  • The Statute of Repose for Rescission Claims under the Truth in Lending Act
  • Whether 30-Year Treasury Bonds are the Indubitable Equivalent of a Real Estate Mortgage under a Chapter 11 Plan
  • When Receipt of Payments by a Subordinated Lender Violates an Inter-Creditor Agreement

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Badger Murphy
"What has impressed us most about Levin Ginsburg is that they are smart lawyers. They offer fresh perspectives and fresh insights into issues."
Walter E. Smithe III, Tim Smithe, and Mark Smithe,
Walter E. Smithe Custom Furniture
"Astute, responsive and practical. Those are three reasons why we work with Levin Ginsburg." Bryan L. Oyster, V.P. and General Manager,
Bentley Forbes