by Kim, Lahey & Killough Law FirmAll attorneys listed as 2025 Legal Elite
Entire Kim, Lahey & Killough attorney team listed as 2025 Legal Elite by Charleston Business and Greenville Business Magazines
Kim, Lahey & Killough is proud to announce that each of their eight attorneys has been named in the 2025 Legal Elite lists with all five of the firm’s registered patent attorneys recognized as Legal Elite in Intellectual Property and Innovation by Greenville Business Magazine and Charleston Business Magazines. “There are only a select few firms in South Carolina that are boutique intellectual property firms and to have our entire team recognized by our peers in Legal Elite is quite an honor. This recognition confirms the commitment we have to our clients and to providing excellent legal services that help our clients create and protect their intellectual property. This reaffirms our continuing commitment to our clients to assist them with matching legal strategies with their business goals to grow their companies and innovations,” commented firm founder, Doug Kim.
The IP attorneys named Legal Elite include firm founders Doug Kim and Seann Lahey as well as B.C. Killough, Hunter Freeman, and Robert Merting.
In addition to the firm’s core intellectual property practice, the firm supports businesses with corporate counsel. Business attorneys Casey Martens, Anthony Nolte and Emily Bohan were each recognized for their work in corporate matters: Casey was named for her work in Employment Law – Defendants and Emily Bohan was listed for Corporate Law – Business Organization matters.
Greenville business attorney Anthony Nolte rounds out Kim, Lahey & Killough’s whole team of Legal Elite, named for his work in Corporate Law-Merger & Acquisitions. Licensed in both South Carolina and Texas, Tony is a former business and financial executive as well as in-house counsel for Shell, among other successful ventures. He concentrates his legal work in the areas of company structure and formation, start-ups, early-stage and growth companies, corporate governance, mergers, divestitures, and acquisitions, financings, franchising & licensing, contracts, business succession, business disputes & resolutions. Outside of the office, Tony Nolte is an Angel Investor, teaches as an adjunct professor at Furman University, mentors startups in the Greenville ecosystem, serves as a limited partner in the Greenville Next Founders Fund I and is a member of VentureSouth.
The Legal Elite are selected annually through peer nominations from attorneys throughout the state of South Carolina in 50 legal practice areas.
About Kim, Lahey & Killough
With offices in Greenville and Charleston, SC and Brevard, NC, the Kim, Lahey & Killough Law Firm is devoted to helping clients establish, enforce, and leverage their intellectual property rights from the Upstate, to the Lowcountry to across the globe.
by Kim, Lahey & Killough Law FirmSeann Lahey named to GSSM Board
Kim, Lahey & Killough congratulates Greenville registered patent attorney and firm founder Seann Lahey, who has been elected to the South Carolina Governor’s School for Science & Mathematics (GSSM) Foundation board of directors for 2025-2026.
Seann Lahey is known for his work in STEM fields as an intellectual property attorney. He has extensive experience dealing with international and U.S. patent prosecution, trademarks, copyrights, trade secrets, licensing of intellectual property rights, and rendering legal opinions on validity, infringement and enforceability of intellectual property rights, as well as IP litigation.
What’s more, Seann is a parent of a recent alum of the GSSM, affording him the ability to advocate for the school from multiple perspectives. “I’m deeply honored to join the Foundation Board of Directors for GSSM,” he commented. “As a parent of a GSSM alum, I can attest to the incredible work and dedication of everyone involved with the school. I look forward to contributing to our shared mission of fostering academic excellence and supporting the brilliant minds of tomorrow.”
Beth Dinndorf, executive director of the GSSM Foundation, added, “We are grateful to the new directors, the new board officers, and all members of the GSSM Foundation Board of Directors for their leadership and commitment to the mission of GSSM and the students it serves. Their collective talents and contributions help GSSM remain the top-ranked public high school in South Carolina, providing an exceptional STEM education to more than 10,000 students in grades 3 through 12 each year.”
About Kim, Lahey & Killough
With offices in Greenville and Charleston, SC and Brevard, NC, the Kim, Lahey & Killough Law Firm is devoted to helping clients establish, enforce, and leverage their intellectual property rights from the Upstate, to the Lowcountry to across the globe. For more information, visit the firm website at kimandlahey.com .
About the South Carolina Governor’s School for Science & Mathematics
The South Carolina Governor’s School for Science & Mathematics (GSSM) is a nationally ranked top 10 public high school that exists to bring world-class STEM education to students across the state. Founded in 1988 by Gov. Carroll Campbell, GSSM is a state resource that offers a variety of programs including an intensive two-year residential high school, a challenging virtual engineering program, summer camps, and in-school experiences for students in 3rd through 12th grades. The GSSM Foundation advocates for GSSM and provides funds and support to enhance its programs and students’ educational endeavors. Learn more at www.scgssm.org. Read GSSM’s press release announcing the 2025-2026 Board here.
by Kim, Lahey & Killough Law FirmFive attorneys named to 2025 Super Lawyers
Five Kim, Lahey & Killough attorneys named in 2025 South Carolina Super Lawyers
Kim, Lahey & Killough is pleased to announce that five of its attorneys have been recognized in the 2025 edition of South Carolina Super Lawyers, a legal ranking published by Thomson Reuters.
Four patent attorneys with Kim, Lahey & Killough – Doug Kim, Seann Lahey, B.C. Killough and Hunter Freeman – were named among the state’s top-rated intellectual property attorneys. “I am honored to share this recognition with my law partners and am proud that these honors recognize not only individual achievement, but also the depth and strength of our intellectual property team in South Carolina,” commented founding attorney Doug Kim.
Casey Martens has been named in the 2025 South Carolina Rising Stars list as a top-rated employment and labor attorney in the Greenville market – her fifth year earning this recognition.
Super Lawyers recognizes no more than five percent of the lawyers statewide each year, and Rising Stars honors only 2.5 percent of the lawyers in the state. Both lists are compiled by Thomson Reuters, a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
About Kim, Lahey & Killough
With offices in Greenville and Charleston, SC and Brevard, NC, the Kim, Lahey & Killough Law Firm is devoted to helping clients establish, enforce, and leverage their intellectual property rights from the Upstate, to the Lowcountry to across the globe.
by Kim, Lahey & Killough Law FirmBOIR CTA new reporting deadline
February 28, 2025
If you have been tracking the movement of the Beneficial Ownership Information Reporting and Corporate Transparency Act as it makes its way through our Federal Court system you will not be surprised to learn that yet another ruling has been released on this matter today.
How does today’s ruling affect you?
The short answer is that your company(ies) DO need to file a BOIR to be compliant with the CTA unless they qualify under one of the exceptions under the law. Currently, the injunction against the CTA is not in effect until the Court of Appeals issues an opinion.
In the meantime, FinCEN extended the BOIR filing deadline to March 21st. This update indicates that while a new deadline has been issued, fines or penalties will not be imposed nor will enforcement actions be taken against any companies based on a failure to file a BOIR until they publish an interim rule. That new rule is expected to be issued on or before March 21st.
While there’s still some uncertainty surrounding this Act, failure to comply could create significant risk to your business (penalties for non-compliance are steep at $500 per day per beneficial owner and possible jail time.)
Even though you may have heard that you did not need to file a BOIR during one of the “off again” moments, we are advising our clients to comply with the Act. If you would like assistance with filing your BOIR or other business and corporate related matters, please contact your attorney or Kim, Lahey & Killough attorney Emily Bohan or Tony Nolte.
Please note that Kim, Lahey & Killough will not file a BOI report for you, nor arrange to have a BOI report filed for you unless you reach out to us directly to request assistance.
For more information, please visit https://kimandlahey.com/practice-areas/corporate-transparency-act/
by Kim, Lahey & Killough Law FirmKey Business and Legal Trends in 2025
Navigating the Legal Landscape: Key Trends for Businesses in 2025
Kim, Lahey & Killough founding attorney Doug Kim joined Mike Switzer on South Carolina Public Radio’s South Carolina Business Review to discuss the new legal landscape for businesses in 2025. Key points include:
Disruptive Technology’s Impact
AI is rapidly reshaping business and the legal profession, presenting both opportunities and challenges. Unlike previous technological shifts, AI is accelerating change at an exponential rate, forcing businesses and law firms to adapt faster than before.
Key Implications for Businesses
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Technology Adoption: Companies must be prepared to leverage new technologies quickly and strategically.
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Increased M&A Activity: With substantial cash reserves and a pro-business climate, mergers and acquisitions are expected to increase.
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Due Diligence Preparedness: Doug strongly advises businesses to begin due diligence preparations in anticipation of potential acquisitions.
In addition, the legal profession itself is experiencing significant disruption. AI tools are enhancing efficiency in research, particularly with regard to patent and trademark searches. Kim emphasizes that AI won’t replace lawyers, but lawyers and law firms that adopt AI technologies will likely outperform those that resist change.
In 2025, businesses must stay agile, embrace technology, and quickly manage the risks associated with new technologies and business models.
Listen to the full interview here or read the full transcript, below.
Full Transcript of The new legal landscape for businesses, an interview with Doug Kim on Mike Switzer’s South Carolina Business Review.
Broadcast on South Carolina Public Radio on January 23, 2025
[00:09.710] – Mike Switzer
Hello and welcome to the South Carolina Business Review. This is Mike Switzer.
As this New Year with a new administration in Washington just getting started, many businesses may be looking at the legal landscape and what they can expect to see in 2025. Doug Kim is an attorney in Greenville, South Carolina, where he joins us from now by phone to help us with this topic.
Doug, welcome to the program.
[00:39.990] – Doug Kim
How are you doing? Thanks for having me.
[00:41.620] – Mike Switzer
Great. Let’s just go ahead and kick off the discussion with an overview of what you see happening in the legal world this year.
[00:49.970] – Doug Kim
Well, it’s going to be quite a few fast changes, and I’ll give you my opinion of the analogies of why I think this is going to happen. And that is, Windows came out many years ago, and it made software accessible to the public in general, which was disruptive for society and business. 2007, the iPhone comes out and it creates software in your hand, again, disruptive for the benefit of increased technology – massive changes in business and society. What’s happening now is we have AI, which is even faster, that’s doing a couple of things. This is what’s driving changes in the legal side, I think. Ai has made everybody feel like, Oh, there’s this new technology. Gosh, we’re behind. We need to be stepping up. That’s one piece. Another piece is you’ve got a new administration who, by all accounts, seems to be reducing regulations and is going to be pro-business. Not that other administrations haven’t been, but this particular one seems to be more pro-business. Add on top of that, you’ve got a bunch of pent-up demand: during election years, businesses tend to, I don’t want to say stall, but they tend to not make much major decisions until they see what’s going on.
There’s a lot of money sitting on the guidelines to move projects forward. So, with all that said, you add the technology changes, the environmental changes, the geopolitical changes, and the fact there’s a lot of cash sitting out there, you’re going to watch the legal profession really have a lot of, quote, “pressures on it.” Our clients are going to be pressing us to be able to adopt technology and candidly, probably move faster than the legal profession is used to.
[02:22.290] – Mike Switzer
Okay. It sounds to me like a massive headache year for you.
[02:25.480] – Doug Kim
It could be based on the law firm’s attitude. It’s not uncommon for technology to change the law. For example, in one area of the law, the right to privacy. Well, everybody’s got a phone in their pocket now, and that phone has a camera. What is your expectation of privacy if everybody can video and photograph you now? So the way the law changed was because the technology changes. The law firms are just going to have to say, “All right, I need to understand this.” I need to step up and say, Here the deal is, as well as how these businesses are adopting it and say, “Okay, how do I manage the risk?”, which is a lot of what lawyers do with these new technologies and these new ways of doing business. And how do I keep myself up to speed so I can respond properly and competently to my client’s demands? I think when you say it could be a lot of headaches, it’s going to require lawyers to educate themselves in areas faster than maybe they’re accustomed.
[03:18.490] – Mike Switzer
Maybe giving up some of the bread and butter business that’s been the thing. In any way, you see a lot of consumers and businesses turning to alternative legal service providers like Legal Zoom.
[03:32.980] – Doug Kim
That’s exactly right. There is definitely a place for that. The legal services traditionally required a lawyer and a lawyer thinking to do some of this stuff. With the advent of some of these other businesses being in those areas, particularly with the leveraging of technology, it may not be a lawyer’s job, either 100% or maybe not even at all. I’ll give you a good example. The type of work that I principally do is intellectual property. We used to have to go hire people to do patent searches and trademark searches for us. Over the years, these patent and trademark databases have been developed by government agencies, Google patents, things like that. You can take the current technology with AI and do a patent or trademark search much more efficiently and faster than a human being could have done it years ago. Some of those tools that are out there are going to reduce, I don’t think eliminate…but reduce the need for some of the legal services that typically an attorney would do. Ai is not going to replace lawyers. It’s not going to do that. However, the law firms that adopt AI will probably replace the ones that don’t.
[04:35.080] – Mike Switzer
What is your recommendation for businesses that are listening right now then on what they should be doing to take advantage of these trends?
[04:41.730] – Doug Kim
If I had to say it in one sentence: Start thinking about getting ready for due diligence. You can Google due diligence and see what that takes. I mean, anybody can do that. If I’m right and there’s going to be an increased M&A activity and companies are going to be acquiring technology, not developing it, a company that wants to be a target for an acquisition would serve themselves well getting ready for this process.
[05:05.080] – Mike Switzer
All right, Doug. Great information. Thank you so much for spending time with us today.
[05:09.120] – Doug Kim
Happy to do it. Enjoyed it.
[05:10.870] – Mike Switzer
Doug Kim is an attorney. He joined us by phone from his office in Greenville, South Carolina. Remember, you can hear this show again at our web page, southcarolinapublicradio dot org. You can hear us again wherever you find podcasts with the South Carolina Business Review. This is Mike Switzer.
[05:33.700] – Announcer
The views expressed on the South Carolina Business Review do not necessarily reflect those of South Carolina Public Radio.
by Kim, Lahey & Killough Law FirmCTA requirements on hold once again
CTA requirements on again off again this week – Currently still on hold
In one week over the holidays, the courts have reversed decisions twice on the subject of the Corporate Transparency Act and corporate Beneficial Ownership Information Reporting (BOIR) filing requirements.
On December 23rd, the requirements were put back in place by the Federal Court of Appeals for the 5th Circuit with a new filing deadline of January 13th.
On December 26th, the Court changed its mind and vacated its stay pending oral arguments, pressing the pause button once again.
However, the Court might switch again after hearing oral arguments. Due to the uncertainty surrounding this filing requirement, we recommend that you gather your Beneficial Ownership information and be prepared in the event you are required to file quickly to meet a deadline.
Should you wish to file your BOIR now and would like our assistance with that filing or other business and corporate related matters, please contact your attorney or Kim, Lahey & Killough attorney Emily Bohan or Tony Nolte.
Please note that Kim, Lahey & Killough will not file a BOI report for you or arrange to have a BOI report filed for you unless you reach out to us directly to request assistance.
For more information, please visit https://kimandlahey.com/practice-areas/corporate-transparency-act/
by Kim, Lahey & Killough Law FirmTexas Court temporarily blocks CTA nationwide
CTA Breaking News:
Texas Federal Court Orders a Nationwide Preliminary Injunction Against the Corporate Transparency Act (“CTA”) – Enforcement of BOIR Filing Deadline Stayed
On December 3, 2024 the Federal District Court for the Eastern District of Texas issued a nationwide preliminary injunction against the Corporate Transparency Act and enforcement of the reporting rule that required you to file a Beneficial Ownership Interest Report (BOIR). Hence, if you were scrambling to get your BOIR report filed by the January 1, 2025 compliance deadline, you have just been granted a reprieve.
However, please note that a preliminary injunction is a temporary remedy until a court can make a final decision. A nationwide preliminary injunction does not preclude the Court of Appeals for the Eleventh Circuit in the Alabama case, NSBA v. Yellen, Case No. 5:22-cv-1448-LCB, from completing their review and issuing an opinion. We expect the CTA and BOIR reporting requirements may continue to evolve. Nonetheless, entities do not need to meet that CTA compliance deadline at this time.
We will continue to monitor developments with the CTA and the Reporting Rule and provide updates as they become available.
If you have concerns related to this topic or other business and corporate related matters, please contact your attorney or Emily Bohan or Tony Nolte with any questions.
by Kim, Lahey & Killough Law FirmKim, Lahey & Killough Listed in 2025 Best Law Firms
Kim, Lahey & Killough Law Firm has been named in the 2025 edition of Best Law Firms® in Greenville and Charleston. Firms included in the 2025 Best Law Firms list are recognized for professional excellence with consistently impressive ratings from clients and peers. Each year since its formation, Kim, Lahey & Killough Law Firm has received this esteemed recognition.
Ranked firms, presented in three tiers, are listed on a national and regional-based scale. Firms that receive a tier designation reflect the highest level of respect a firm can earn among other leading lawyers and clients in the same communities and practice areas.
The Kim, Lahey & Killough Charleston office is recognized in the areas of Trademark Law, Intellectual Property Litigation, Corporate Law and Business Organizations (LLCs and Partnerships).
In the Greenville, SC market, the firm is recognized in the areas of Trademark Law, Copyright Law, Intellectual Property Litigation, Patent Law and Patent Litigation.
With offices in Greenville and Charleston, SC, and Brevard, NC, Kim, Lahey & Killough Law Firm is devoted to helping clients establish, enforce, and leverage their intellectual property rights from the Upstate to the Lowcountry to across the globe. The firm serves the manufacturing, software, energy, finance, hospitality, tourism, defense, agriculture and technology industries as well as universities. Key practice areas include intellectual property, business and commercial litigation, mediation, employment, corporate and business matters including formation and structure, mergers and acquisitions, contracts, and cybersecurity.
by Kim, Lahey & Killough Law FirmFranchisees as Third-Party Beneficiaries
Franchise attorney Emily Bohan chosen for publication in the prestigious ABA Forum on Franchise Law Journal—explores Third-Party Beneficiary Rights in Franchise Law
Kim, Lahey & Killough attorney Emily Bohan and Hannah M. Leiendecker of the Faegre Drinker firm in Minneapolis, MN published an article in the latest edition of Franchise Law Journal with the American Bar Association. The article, “Franchisees as Third-Party Beneficiaries to Franchisor’s Agreements with Other Franchisees or Vendors” sheds light on the complex world of third-party beneficiary rights in franchising and examines how individuals or entities not directly party to a contract may still enforce its terms under certain circumstances. This article was published immediately prior to the annual meeting of the ABA Forum on Franchising, at which Emily was in attendance last week.
Executive summary:
A significant impact on Dispute Resolution: Third-party beneficiary rights can play a crucial role in franchise disputes, often determining whether a case has any remedy at all. This underscores the importance of understanding these rights for all parties involved in franchise relationships.
Clear Intent: Courts typically require clear evidence that the contracting parties intended to benefit the third party. This high standard emphasizes the need for precise language in franchise-related contracts.
Franchisee Enforcement of Vendor Agreements: In some cases, franchisees have successfully enforced agreements between their franchisor and vendors as third-party beneficiaries. This highlights a potential avenue for franchisees to protect their interests.
Employee “Poaching” Restrictions: Some franchisors have utilized third-party beneficiary rights to limit employee recruitment between franchisees. However, Bohan and Leiendecker note that this practice faces increasing legal scrutiny and potential antitrust challenges.
Rare Vendor Claims: While uncommon, there are instances where third-party vendors have successfully claimed benefits under franchise agreements. These cases often hinge on exceptionally close relationships between the vendor and franchisor.
Highly Fact-Specific Nature: Bohan and Leiendecker emphasize that third-party beneficiary cases in franchise law are typically unpredictable and heavily dependent on specific circumstances. This unpredictability underscores the need for careful contract drafting and legal guidance.
The full article provides a thorough examination of relevant case law and offers practical insights for franchise industry professionals. It serves as a valuable resource for franchisors, franchisees, and their legal counsel in navigating the complex web of contractual relationships inherent in franchise operations.
Bohan and Leiendecker emphasize that these cases are highly fact-specific and often unpredictable. Both recommend that franchisors and franchisees carefully consider potential third-party beneficiaries when drafting contracts. They suggest a proactive approach and recommend that parties mitigate uncertainty and reduce ambiguity by explicitly stating their intentions regarding third-party benefits within their contracts.
The full article, “Franchisees as Third-Party Beneficiaries to Franchisor’s Agreements with Other Franchisees or Vendors,” is available in the current issue of the Franchise Law Journal.
Copyright 2024. Published in The Franchise Law Journal, Vol. 43, No. 3, Fall 2024, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
Emily Bohan is an attorney in the Greenville, S.C. office of Kim Lahey & Killough. Hannah M. Leiendecker is an attorney at Faegre Drinker, practicing in the Minneapolis office.
by Kim, Lahey & Killough Law FirmFTC Non-Compete Ban Updates
FTC Non-Compete Ban: Current Status and Implications for Businesses
Presented September, 2024 by Kim, Lahey & Killough attorney Casey Martens
The Federal Trade Commission’s (FTC) recent attempt to ban most non-compete clauses in employer-employee contracts has encountered significant legal challenges, creating uncertainty in the business landscape.
On April 23, 2024, the FTC finalized a rule banning most non-compete clauses, originally set to take effect on September 4, 2024. However, legal challenges have substantially altered this timeline.
In July 2024, a federal court in Pennsylvania upheld the FTC’s authority to issue the ban. Conversely, on August 20, 2024, a Texas court granted a nationwide injunction against the rule’s enforcement, ruling that the FTC had exceeded its statutory authority and that the rule was arbitrary and capricious.
As a result of the Texas decision, the FTC is currently unable to enforce the rule. This provides a temporary reprieve for employers, suspending the need to comply with the rule’s requirements. However, businesses should remain vigilant, as the legal landscape continues to evolve.
While the FTC may lose this particular battle, the war on non-competes is far from over – the debate over non-compete agreements persists. State legislatures continue to introduce laws limiting the scope of non-competes, creating a complex regulatory environment, particularly for businesses with multi-state operations.
Given the uncertain future of non-compete agreements, businesses should consider alternative methods to protect their interests, such as:
- Non-disclosure agreements (NDAs) to safeguard confidential information and trade secrets
- Non-solicitation agreements to prevent former employees from poaching customers or staff
- Ownership and assignment of inventions (OAI) agreements for intellectual property protection
- Robust trade secret policies and internal controls
- Other intellectual property strategies involving copyrights, patents, and trademarks
When implementing these alternatives, it is crucial to ensure they are narrowly drawn and tailored to protect legitimate business interests without overreaching.
As the legal battle over non-compete agreements continues, businesses are advised to stay informed about the latest developments and be prepared to adapt their practices accordingly. Consulting with legal counsel to review and update employment agreements in light of these changes is highly recommended.
Casey Martens is an attorney in the firm’s Brevard, NC office. Licensed in North Carolina, South Carolina and Georgia, Casey represents employers and workers in employment matters, as well as business and intellectual property disputes.