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Blackletter

440 episodes - English - Latest episode: 3 days ago - ★★★★★ - 16 ratings

This podcast brings famously experienced business people, lawyers, accountants, and anyone else in the realm of business to the table to share personal experiences that have shaped their business and to talk about how to handle black letter issues in creative ways. Every business is subject to so-called blackletter laws. Blackletter laws are the well-established legal rules that are no longer subject to reasonable dispute. Originally, "blackletter" was the Gothic type-style which was used to set forth the law in England until the mid 18th century. It was originally used so commoners couldn't understand the laws.

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Episodes

Thom Browne Wins Stripes Trademark Case Against Adidas

January 16, 2023 04:15 - 2 minutes - 3.42 MB

Adidas failed to show luxury brand Thom Browne's use of stripes on its clothing infringed the sportswear giant's signature three-stripe trademark. Adidas, which was seeking almost $8 million in disgorgement and damages, indicated that it may push back on the decisions. The designer’s lawyers suggested Adidas was an affordable sports brand worn by people all over the world, while Thom Browne is a high-end fashion company with catwalk collections and celebrity clientele. Thom Browne said conf...

Counsel in Control: Inside the Mind of FAA 's Top Legal Advisor

January 13, 2023 04:15 - 16 minutes - 22.8 MB

Would you change your career path to contribute to your society? On the Blackletter podcast this week, host Tom Dunlap interviews Marc Nichols, the Chief Counsel for the Federal Aviation Administration. In his role, Marc provides legal advice for the FAA and works closely with professionals on issues of national significance to the aviation industry. He shares with listeners his career path and developmental milestones that led to his current involvement in the world of politics and public ...

FTC Proposes Rule to Ban Noncompete Clauses

January 09, 2023 04:15 - 2 minutes - 3.87 MB

This week the Federal Trade Commission proposed a sweeping rule that would ban the use of non-compete provisions in employment contracts and require employers to nullify any existing non-compete clauses within six months. Listen in as Tom discusses the proposal and how it could increase wages and expand career opportunities for Americans.

Reporting on Law

December 30, 2022 04:15 - 23 minutes - 32 MB

How do you report on controversial law topics while remaining impartial for your audience? On the Blackletter podcast this week, host Tom Dunlap sits down with Jeremy Conrad, writer for the Washington DC Bar Journal. As a former practicing lawyer and now a full-time committed journalist in the field of law, Jeremy has a unique perspective on the topics he reports on. He explains what it is like being able to take a step back to report on situations that once would have affected him in his p...

What is Fair Use? Can I use a 30 second song clip?

December 19, 2022 04:27 - 3 minutes - 4.78 MB

What is fair use? If you are a content creator and wonder if you can use copyrighted media, Tom digs into the US copyright law and in particular the fair use doctrine that allows brief excerpts of copyright material without the need for permission from or payment to the copyright holder. Tune in to hear more on why we are able to use these copyrighted works of art on this episode!

How Patents Shape Society

December 16, 2022 04:15 - 33 minutes - 45.7 MB

What role have patents played throughout history in shaping our society as we know it today? On the Blackletter podcast this week, host Tom Dunlap sits down with Robert Greenspoon, an attorney at the Dunlap Bennett & Ludwig law firm, to discuss patents and how they have become integral to the progression and formation of our society. Rob provides examples of patents representing the history of invention from 100 years ago to the present and discusses how they are relevant to today’s current...

Mariah Carey Loses Bid to Trademark 'Queen of Christmas'

December 05, 2022 04:15 - 3 minutes - 4.49 MB

Mariah Carey is synonymous with Christmas, however, the US Trademark Trial and Appeal Board ruled against the pop diva’s legal attempt to trademark the name “Queen of Christmas.” The decision means that the regal holiday monikers can be used by another singer, Elizabeth Chan, who says she’s “the world’s only full-time pop Christmas recording artist.” Tune in as Tom gets into the Christmas Spirit by discussing the decision, the trademark process and what it means for monopolizing Christmas ...

Supreme Court will hear Jack Daniel's appeal over parody

November 28, 2022 04:15 - 3 minutes - 4.65 MB

The U.S. Supreme Court has agreed to decide whether a parody dog toy called “Bad Spaniels” is entitled to protection from trademark infringement and dilution-by-tarnishment claims by Jack Daniel’s Properties Inc. A previous decision that said the dog toymaker was entitled to First Amendment protection because the dog toy was an expressive work, made it more difficult for Jack Daniel’s to win on the infringement claim and barred the company’s claim for dilution by tarnishment.

Turning Over a New Leaf

November 25, 2022 04:15 - 14 minutes - 19.2 MB

What advice should entrepreneurs follow if they are trying to get started in the medical cannabis business? On the Blackletter podcast this week, host Tom Dunlap concludes his three-part series with Kevin Goldberg from Green Leaf Medical and Barney Goodman, his attorney from Dunlap Bennett Ludwig. Together they discuss the entrepreneurial practices that they recommend for anyone looking to start a new venture within the medical cannabis business. This sector requires specific regulations an...

FTX Crypto Collapse Update and Lesson

November 21, 2022 04:15 - 2 minutes - 3.37 MB

Cryptocurrency exchange FTX, which has filed for US bankruptcy court protection, said it owes its 50 biggest creditors nearly $3.1 billion. FTX and its affiliates filed for bankruptcy in Delaware on Nov. 11 in one of the highest-profile crypto blowups, leaving an estimated 1 million customers and other investors facing total losses in the billions of dollars. Meanwhile, authorities in the Bahamas — where FTX is based — are investigating whether any criminal misconduct occurred related to th...

“Growing” a Company

November 11, 2022 04:15 - 18 minutes - 24.8 MB

When rules and regulations limit your ability to support your company, how do you move forward and enable your business to flourish? This week on the Blackletter podcast, host Tom Dunlap is joined once more by Kevin Goldberg from Green Leaf Medical and Barney Goodman, his attorney from Dunlap Bennett Ludwig, for the second episode in their three-part series. Kevin and Barney have faced several challenges in growing Kevin’s business in the medical cannabis industry. Unfortunately, many of th...

US Supreme Court Tackles Patent Enablement

November 07, 2022 04:15 - 3 minutes - 5.04 MB

Last week the Supreme Court granted certiorari on two petitions raising intellectual property issues, including the closely-watched enablement Amgen v. Sanofi. This will be the first time that the Supreme Court has addressed the enablement requirement in a very long time. Listen in as Tom Dunlap discusses one of the most challenging problems in patent law.

NCAA provides updated NIL rules guidance

October 31, 2022 04:15 - 2 minutes - 3.16 MB

On this week's episode, Tom discusses the new updated NIL rules guidance. The NCAA's Division I Board of Directors approved on Wednesday new guidance to members on name, image and likeness activities, clarifying how schools, coaches and staffers can be involved with athletes' endorsement and sponsorship deals. The latest clarifications to the NCAA's interim NIL policy create no new rules, but are intended to give athletic departments a better idea of what types of support fall outside exist...

Business License Breakthrough

October 28, 2022 04:15 - 17 minutes - 24.4 MB

Are you willing to do what it takes to break into a successful line of business? On this episode of the Blackletter podcast, host Tom Dunlap begins his new three-part series interviewing Kevin Goldberg from Green Leaf Medical and Barney Goodman, his attorney from Dunlap Bennett Ludwig. As the founder of Green Leaf Medical, Kevin is no stranger to business regulations. From applying for the correct licenses to owning the right property, entrepreneurs must play by the rules of the law to make...

Cardi B absolved in tattoo album art case

October 24, 2022 04:15 - 2 minutes - 3.24 MB

This week Tom discusses the verdict of a copyright infringement case involving a man who claimed the Grammy-winning rapper, Cardi B, misused his back tattoos for her cover art. The artist argued that the tattoo was transformative fair use and did not hinder the man's employment and ability to travel the world for opportunities. Tune in to hear more about transformative use and the copyright of tattoos.

Race Based Admissions Goes to the Supreme Court

October 17, 2022 04:15 - 3 minutes - 4.32 MB

The Supreme Court is set to hear two cases challenging race-based admissions policies at Harvard University and the University of North Carolina. The plaintiff is asking the Supreme Court to overturn its prior precedent that allows the narrow use of race in college admissions decisions. While these cases are not new to the Supreme Court, the new makeup of the Supreme Court has led to educational institutions readying for their admissions process to change. Join Tom in today's episode as h...

Leave Your Ego at the Door

October 14, 2022 04:15 - 11 minutes - 15.6 MB

Could your ego be negatively affecting your entrepreneurial decisions? On this episode of the Blackletter podcast, host Tom Dunlap concludes his three-session interview with Terry Dohrmann, founder of the legal operating software company Litify. Terry discusses the importance of leaving your ego at the door and maintaining trust in your team members to identify your blindspots and reach successful business decisions. He elaborates on the benefit of approaching your work without your ego’s i...

The Onion Goes to the Supreme Court

October 10, 2022 04:15 - 3 minutes - 4.54 MB

The Onion, a well-known parody publication, filed a brief with the U.S. Supreme Court in support of a man who was arrested and prosecuted for making fun of police on social media. While defending the purpose and power of parody in society, the court filing doesn’t entirely keep a straight face In a legal filing every bit as persuasive as funny. Join Tom this week as he discusses both The Onion's filing and the case it supports. The brief linkhttps://www.supremecourt.gov/DocketPDF/22/22-29...

New Supreme Court Term to Start with High Impact Cases

October 03, 2022 04:15 - 2 minutes - 3.11 MB

As the justices return to the bench this week, the new term will feature major disputes on affirmative action, voting, religion, free speech and gay rights. The Supreme Court’s first case of the new term involves a major environmental dispute over the federal government’s power to protect the nation’s waterways under the Clean Water Act. The justices will also weigh a voting rights case that tests the legal limits on alleged racial gerrymandering, which involves the drawing of voting maps i...

Philosophies for Change Management

September 30, 2022 04:15 - 11 minutes - 16.4 MB

What is the most effective way of approaching change management to achieve business success? On this episode of the Blackletter podcast, host Tom Dunlap continues his three-session interview with Terry Dohrmann, founder of the legal operating software company Litify. Terry discusses the obstacles that he faced to build and grow Litify. As the founder of a developing company, Terry has many experiences with change management for his organizational team as well as his potential client base. H...

Laws for Hiring a Sex Offender

September 26, 2022 04:15 - 2 minutes - 3.21 MB

Recently, Amazon.com was sued claiming it illegally used a California sex offender website to conduct background checks on job applicants. On this episode, Tom digs into the case and whether there are any state laws pertaining to using criminal records and sex offender registries before hiring.

What is Access to Justice?

September 19, 2022 04:15 - 1 minute - 2.71 MB

Access to justice is the fair chance to secure your rights under the law. Under this basic principle, citizens should have equal access to the legal system. This includes initiatives and programs designed to provide legal services to people that may have difficulty obtaining legal advice and representation. In today's episode, Tom discusses how access to justice is provided in the United States and how to continue to increase awareness of access to justice.

The Challenges of Turning to Tech

September 16, 2022 04:15 - 10 minutes - 14.8 MB

What challenges are you willing to face to pursue your entrepreneurial aspirations in the tech industry? On this episode of the Blackletter podcast, host Tom Dunlap begins his three-session interview with Terry Dohrmann, founder of the legal operating software company Litify. Terry’s company Litify has grown a lot since it started 6 years ago, but his journey of developing a tech company as a new entrepreneur didn’t come without its challenges. Listen to this episode to hear Terry share his...

Anti-Hacking Copyright Law Facing a Constitutional Challenge

September 13, 2022 04:15 - 3 minutes - 4.63 MB

The D.C. Circuit court recently heard lawsuits that challenged the constitutionality of the Digital Millennium Copyright Act’s anti-circumvention and anti-trafficking provisions. These provisions, restrict people’s ability to access, use, or even discuss copyrighted materials that they purchase. Listen to today's episode as Tom breaks down Dr. Green's and Dr. Huang's lawsuits, how they differ, and if they will be successful.

The History of Labor Day

September 05, 2022 04:15 - 2 minutes - 3.01 MB

The unofficial end of summer is upon us. For many, Labor Day serves as a day off and a last chance to experience the best summer has to offer with pool parties, cookouts, parades and more. But why do most of us actually have the first Monday in September off from work? It was created by the labor movement in the late 19th century and became a federal holiday in 1894 by President Grover Cleveland. Tune in as Tom goes into more detail on the history of Labor Day.

Always Be Promoting

September 02, 2022 04:15 - 14 minutes - 19.4 MB

Can breaking free from traditional business practices and consistently promoting your brand be the keys to founding a successful company? On this episode of the Blackletter podcast, host Tom Dunlap concludes his three-part interview with Erik Olson of Array Digital, Array Law, and Rival Digital. After founding a company of his own, Erik gained a lot of insight through his experiences finding success in the business world. So in this podcast episode, he provides his three most significant pi...

Usain Bolt Trademarks

August 29, 2022 04:15 - 2 minutes - 3.07 MB

Building upon his winning legacy and personality, Olympic sprinter, Usain Bolt, has secured several trademarks for use with athletic gear, clothing, accessories, and other products. These trademarks include his name, the stylized initials “UB,” and Bolt’s signature celebratory pose. The marks are protected for use across a broad selection of products, including sunglasses, sports bags, running shoes, sporting goods, games, hats, and more. The logo mark, along with the name and initial mark,...

How Long Does it Take to Get a Trademark?

August 22, 2022 04:15 - 2 minutes - 2.74 MB

How long does it take to register a trademark? As a trademark attorney, Tom is asked this question a lot, and the answer may surprise you. In this episode Tom discusses the timeline for completing a trademark as of June 2022.

Building a Business

August 19, 2022 04:15 - 10 minutes - 14.7 MB

What risks are worth taking to build your ideal business? On this episode of the Blackletter podcast, host Tom Dunlap continues his three-segment interview with Erik Olson from Array Digital, Array Law, and Rival Digital. As a company founder, Erik Olson is no stranger to the trials and tribulations of the business world, especially for those just starting out. This week, Erik discusses his biggest business challenge: hiring his first employee and facing the potential risks necessary to exp...

Defamation and Social Media

August 15, 2022 04:15 - 2 minutes - 3.59 MB

In today's social media world, the risk of defamatory content and false statements reaching a broad audience has increased tremendously. In this episode Tom discusses the importance of understanding the landscape of online defamation and defamation law.

U.S. Appeals Court Upholds FAA Drone Identification Rules

August 08, 2022 04:15 - 2 minutes - 3.73 MB

A U.S. Appeals Court on Friday upheld rules set by he Federal Aviation Administration (FAA) requiring drones to have remote identification technology to enable their identification from the ground. Listen in as Tom covers the decision and offers his perspective as a licensed pilot.

The Value in Segmenting

August 05, 2022 04:15 - 16 minutes - 22.3 MB

Could segmenting in a new line of business launch your company into greater success? On this episode of the Blackletter podcast, host Tom Dunlap begins its eighth season with an interview with Erik Olson from Array Digital. Erik is a professional marketer, website developer, content creator, and CEO of a digital marketing company. However, his professional journey took several twists and turns to end up where it is today. His company initially focused on software development before introdu...

The fall of Judge Albright's patent empire

August 01, 2022 04:15 - 2 minutes - 2.92 MB

Tune in this week to hear Tom discuss the Recent decision that orders new patent cases filed in Judge Alan Albright's Waco court to be split between Albright and the district's other 11 judges, effectively ending a policy that has allowed Albright's court to host nearly a quarter of all pending U.S. patent cases.

Laws of the weird: Swiss Bomb Shelters and Toilets

July 25, 2022 04:15 - 2 minutes - 2.79 MB

This week Tom takes a look at the Swiss' bomb shelter law and also debunks the internet rumor of a law on flushing toilets after 10pm. Join us as we learn why it is mandatory for every house to have a fallout shelter and if there is anyway around this law when building a house.

Education, Experience, & Wisdom - Season 7 in Review

July 22, 2022 04:15 - 35 minutes - 48.3 MB

The Blackletter Podcast has gone over many topics throughout its seventh season, including lawsuits, finance, talent acquisition, recruitment, marketing, and more. So to wrap up season seven, this final episode features some important segments from this season's episodes, combined into one informative show. Listen to learn advice from the podcast's educational interviews as esteemed guests share their personal experiences and wisdom on achieving success in business and law.  Educational Int...

No Chewing Gum in Singapore

July 18, 2022 04:15 - 2 minutes - 3.55 MB

The ban on chewing gum in Singapore is one of the most unusual laws from around the world. It goes hand in hand with stringent laws on litter and graffiti. The law, which came into force in 1992, means that anyone importing, selling or making gum in Singapore faces a fine or even jail time. Tune in as we unpack the reason for the law and the newest version which allows for prescription use only.

Katy Perry Wins in Dark Horse Copyright Appeal

July 11, 2022 04:15 - 1 minute - 2.34 MB

This week we revisit the copyright case between Katy Perry's "Dark Horse" and Flame's "Joyful noise". This year, the U.S. Court of Appeals for the Ninth Circuit decided that Katy Perry’s song did not infringe because the musical components at issue were not protectable under copyright law. They held that the common musical notes in “Joyful Noise” lacked the originality required for copyright protection. Tune in to hear more details on the decision and this trend of siginficant music decis...

Three Keys to Talent Recruitment

July 08, 2022 04:15 - 7 minutes - 9.63 MB

What are the best pieces of advice for organizations seeking new talent? On this episode of the Blackletter podcast, Tom Dunlap wraps up his 3 part conversation with Christine Nichlos, CEO of talent acquisition company People Science. Christine shares with Tom and listeners her three key pieces of advice businesses and organizations should follow to recruit top talent that fits their mission and brand. Together she and Tom address concepts like being a frontrunner in recruitment, representi...

Happy the Elephant, Incarcerated?

June 27, 2022 04:15 - 2 minutes - 2.76 MB

Happy the elephant made history on Tuesday. She may be intelligent and deserving of compassion, but she cannot be considered a person being illegally confined to the Bronx Zoo, New York's top court ruled Tuesday. In a closely watched case that tested the boundaries of applying human rights to animals, a writ of habeas corpus is intended to protect the liberty of human beings and does not apply to a nonhuman animal like Happy.

Reevaluating Business Challenges

June 24, 2022 04:15 - 14 minutes - 19.7 MB

How can businesses adjust their recruitment and retention strategies to survive post-pandemic workforce challenges? On this episode of the Blackletter podcast, Tom Dunlap continues his conversation with Christine Nichlos, CEO of talent acquisition company People Science. Together they discuss the significant business challenges affecting organizations today and how changes in practice can help them overcome these hurdles. Christine speaks on her company's role in the talent acquisition cycl...

The English Rule Vs the American Rule and Attorneys Fees

June 20, 2022 04:15 - 2 minutes - 3.83 MB

The law of the United States is largely derived from the common law system of English law. What is the main difference in the American rule and the English rule in settling court costs? This morning Tom goes into the differences and requirements for each party to pay, win or loss.

Source of the United States Law

June 13, 2022 04:15 - 3 minutes - 4.78 MB

The law of the United States is largely derived from the common law system of English law. This morning Tom goes into the history of stare decisis or precedent and further detail on the five sources of United States law: : constitutional law, statutory law, treaties, administrative regulations, and the common law.

Talent Acquisition Strategies in 2022

June 10, 2022 04:15 - 11 minutes - 15.6 MB

How can businesses successfully acquire and retain talent amidst the Great Resignation? On this episode of the Blackletter podcast, Tom Dunlap speaks with Christine Nichlos to discuss the best talent acquisition methods to practice in 2022. In our post-pandemic world, businesses need to be proactive and strategic in how they approach talent acquisition. Tom begins his three-episode interview with Christine by asking her to share her expertise with talent practices she has cultivated through...

The Law of Royals

June 06, 2022 04:15 - 3 minutes - 4.16 MB

While royals still have to follow most of the laws that govern the commoner, there are a few pieces of legislation that simply don't apply to them. On today's episode, Tom discusses the few laws that the royals don't have to follow such as speed limits, passports, taxes, jury duty and custody of descendants.

A Brief History on the Memorial Day Holiday

May 30, 2022 04:15 - 1 minute - 1.68 MB

Memorial Day is a federal holiday in the United States for mourning the U.S. military personnel who have died while serving in the United States armed forces. Originally known as Decoration Day, it originated in the years following the Civil War and became an official federal holiday in 1971. Each year on Memorial Day a national moment of remembrance takes place at 3:00 p.m. local time.

Perseverance and Overcoming Limitations

May 27, 2022 04:15 - 8 minutes - 11.2 MB

According to Will Russel, there is no one rule to success, so what advice can he offer to new entrepreneurs? On this episode of the Blackletter podcast, Tom Dunlap asks Will Russell what tips and tricks he has learned to succeed in business through his company Russell Marketing. In this final session of their three-part interview, Will addresses this question by sharing important takeaways he has gained throughout his career. While Will explains that there is not one fundamental rule to suc...

Russian War Crimes Trial

May 23, 2022 04:15 - 1 minute - 2.42 MB

 Ukraine saw its first war crimes trial against a Russian soldier end Monday with a life sentence. The judge pronounced Sergeant Shishimarin guilty of violating the laws and customs of war and of committing premeditated murder. Monday's outcome sets a significant legal precedent for the conflict that has featured the deliberate targeting of civilians. The verdict represents a milestone in Ukraine’s attempts to hold Russia and its soldiers accountable for atrocities committed in the war and t...

Interpreting the Constitution

May 16, 2022 04:15 - 4 minutes - 5.66 MB

The foundation of all U.S. laws come from the Constitution - a document that was written over 200 years ago. Things have changed since then. The challenges faced by our country and the world are vastly different today. With the recent debate of Roe vs Wade and the constitution, we take a look at an important question: How do we apply the principles in the constitution to our current-day legal issues? Interpreting the Constitution is a very sensitive and controversial topic. In today's epi...

The Impact of Credibility

May 13, 2022 04:15 - 19 minutes - 26.4 MB

What factors determine whether a product launch campaign will thrive on the market or fail? On this episode of the Blackletter podcast, Tom Dunlap continues his conversation with Will Russell, founder of Russell Marketing. In this second of three sessions, Will shares the two things he believes are most important when launching a product that will be successful on the market. First, he speaks about how sellers can validate the potential success of their ideas before putting their time, effo...

Johnny Depp and Amber Heard defamation trial

May 09, 2022 04:15 - 2 minutes - 2.99 MB

A high-profile trial involving actors Johnny Depp and his ex-wife Amber Heard began April 12 in Fairfax, Va. The trial revolves around a defamation lawsuit Depp filed against Heard in 2019 about an op-ed she wrote about domestic abuse in 2018. Listen to this week's episode as Tom explains the details of the defamation suit.