business law Tag

by Kim, Lahey & Killough Law Firm

Casey Martens admitted to NC Bar and GA Bar

Congratulations to Kim, Lahey & Killough attorney Casey Martens, who has recently been admitted to both the North Carolina and Georgia Bars. Casey heads up our Brevard, NC office and serves clients in GA, NC and SC in the areas of employment law counseling and compliance, employee investigations, wage and hour disputes, business disputes and litigation, contracts, and trademark analysis and registration.

A graduate of the University of Colorado and the Charleston School of Law, Casey has regularly been named as a Legal Elite of the Upstate by Greenville Business Magazine and a South Carolina Super Lawyers Rising Star as a Top Rated Employment and Labor Attorney.

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 Firm

Emily Bohan joins Kim, Lahey & Killough

GREENVILLE, SC – Kim, Lahey & Killough Law Firm is pleased to announce the addition of attorney Emily Bohan to the firm’s Greenville, SC, office. Bohan’s law practice focuses in the areas of franchise law, business formation and organizations (including LLC’s and Partnerships), business disputes, alternative resolutions, and labor and employment matters.

Bohan’s firsthand experience in navigating the complexities of running a franchise operation equips her with insights into the myriad of challenges faced by businesses; her own franchise business, PuroClean, will celebrate its 15th year in 2024. As an attorney, Bohan counsels businesses and individuals in all aspects of business law including business formation, contracts, franchise, employment, compliance, licensing, and trademark matters.

In addition, Emily Bohan is a South Carolina certified mediator and is able to assist parties in business disputes to come to a resolution outside of a courtroom.

Bohan earned a Bachelor of Arts in Economics and Legal Studies from the University of California, Santa Cruz and her Juris Doctor from the George Mason University School of Law. She is admitted to practice before federal and state courts within both South Carolina and Virginia.

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 Firm

Alternative Legal Service Providers

Should They Be “Alternative?”

by Doug Kim

This article appeared the January 2024 issue of SC Lawyer magazine. Reprinted with permission of the South Carolina Bar. 

For the past several years, the legal profession has been searching for ways to respond to staffing shortages, increased complexity in legal matters, and clients’ demand for cost control and faster response times. The use of Alternative Legal Service Providers (ALSPs) has been one way to meet these challenges. Failing to understand, explore and, when applicable, properly incorporate ALSPs into your legal practice will unnecessarily diminish the value you can provide to clients and companies. This is especially true when the ALSP leverages modern technology for document review and signature, e-discovery and analysis, litigation support, and regulatory and compliance projects. The introduction of artificial intelligence (AI) makes the decision to adopt or ignore ALSP even more timely and relevant to the modern law practice.

ALSPs can be very beneficial when properly implemented, as they provide non-traditional ways, even revolutionary ways, to provide legal services. There is also no question that the industry is growing. An online article by Thomson Reuters in January of 2023 stated that the ALSPs comprise a $20.6 billion portion of the legal market. The article noted that the rapidly increased use of ALSPs is causing a blurring between law firms, legal departments, and technology companies. The offerings for alternative legal services come in many forms: online legal platforms, virtual law firms, and artificial intelligence technologies that can be used for document review and even document drafting. As client demands increase, ALSPs can help firms and companies meet this demand by providing non-traditional and even disruptive solutions. We have all seen the change in the legal industry, especially post COVID, where digital transformation was increased, remote working became the norm, physical documents were the exception, and access to information dramatically increased. Proper use of alternative legal services can assist the law firm or company transition into the digital era.

One simple example is the shift to e-signature. While the algorithm that was generally used to create the first e-signatures was created in 1977, it was not until the Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000 that these signatures were allowed to be legally binding and therefore an option for law firms. E-signatures are also consistent with the move to the paperless office. E-signatures offer fewer signing errors, improved security, increased response time, client convenience, and lower costs. However, adopting e-signatures comes with requirements such as having the client accept doing business electronically, allowing a wet signature option, showing a clear intent to sign, and receiving a copy of the completed, signed document. The point is that even with something as simple as e-signatures, there are practical, operational, and regulatory requirements that must be met to implement this alternative to the traditional signature. ALSPs cannot just be adopted blindly.

ALSPs can also be thought of as “legal outsourcing”, which is the practice of law firms or corporations engaging with third parties that provide legal support. Domestically, this is outsourcing and internationally it is offshoring. In the early 2000s, tasks that were assigned to these third parties included document review, legal research and writing, drafting of pleadings and briefs, and patent services. For example, companies offered to draft patent applications for substantially less than the domestic attorney fees by using offshored authors. These third parties offered substantially reduced costs, improved turnaround and increased resources to those law firms and companies that sought their services. However, this practice was not without risk.

In 2008, the United States Patent and Trademark Office (USPTO) recognized that this offshoring was occurring and issued a notice which stated, “The USPTO has become aware that a number of law firms or service provider companies located in foreign countries are sending solicitations to U.S. registered patent practitioners offering their services in connection with the preparation of patent applications to be filed in the United States.” The USPTO “reminded” inventors and patent attorneys that “the export of subject matter abroad pursuant to a license from the USPTO, such as a foreign filing license, is limited to purposes related to the filing of foreign patent applications. Applicants who are considering exporting subject matter abroad for the preparation of patent applications to be filed in the United States should contact the Bureau of Industry and Security (BIS) at the Department of Commerce for the appropriate clearances.” The risk was that using these ALSPs may cause a violation of the Export Administration Regulations governing exports of dual-use commodities, software, and technology, including technical data.

The lesson here is that while there can be substantial cost savings with an ALSP, a strategy should be put in place to properly manage the ALSP, project, information, data, and regulations.

One lesson can be learned from a now infamous proceeding before the USPTO involving ALSPs Abtach Ltd., 360 Digital Marketing LLC, and RetroCube LLC. These ALSPs purported to assist trademark filers with the federal trademark application process. On November 3, 2021, the USPTO issued a show cause order stating that it had reason to believe that these and related companies were violating the USPTO’s rules of practice, engaging in the unauthorized practice of law, and providing false, fictitious, or fraudulent information in thousands of trademark submissions to the USPTO. Among the violations, the USPTO alleged that the companies failed to follow the rule that all documents submitted to the USPTO in a trademark matter must be personally signed by the named signatory. When the companies did not adequately respond to the USPTO’s show cause order, the USPTO imposed sanctions on the companies, including a bar on further communication with the USPTO, permanent deactivation of their USPTO accounts, and disallowance of any future accounts.  However, this was not the worst of it. The order terminated “all trademark application proceedings involving submissions by Respondents or filed through a USPTO.gov account registered to, associated with, or controlled by Respondents,” leaving thousands of applicants with paid for, but cancelled trademark applications. Several South Carolina applicants were caught in this proceeding. Since federal trademark rights can begin from the filing date, this caused substantial legal damages to thousands of entities. In this case, the use of these ALSPs resulted in substantially more harm than any saving could overcome. The use of an ALSP without the guidance of a practicing trademark attorney was very damaging indeed.

When considering an ALSP, there is always the issue of unauthorized practice of law, as shown in the USPTO proceeding. South Carolina has addressed one business model of an ALSP (Legal Zoom) in a 2012 proceeding and found that “Legal Zoom’s business practices, as reflected in the Settlement Agreement and the Affidavit of Edward Hartman, do not constitute the practice of law.” Nevertheless, each use and implementation is different, and this is an area where the specific ALSP in use will determine the outcome.

Practical and ethical considerations require lawyers and firms to properly investigate and implement ALSPs consistent with the profession’s ethical obligations. Comment 8 to Rule 1.1 of the Rules of Professional Conduct states that a lawyer, to comply with the requirement of competency, should “keep abreast of changes in the law and its practice, including a reasonable understanding of the benefits and risks associated with technology the lawyer uses to provide services to clients or to store or transmit information related to the representation of a client.” Rule 1.4 requires transparent communication so clients can make informed decisions regarding representation. Rule 1.6(a) states, “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation….” Rule 1.6(c) states, “A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” When using an ALSP, even for normal tasks such as document review, e-discovery and data rooms, the law firm has several obligations under the application of Rules 1.1, 1.4 and 1.6. Consider an ALSP that provides e-discovery and document review. First, the lawyer has an obligation to understand the services and operations of the ALSP in sufficient detail to ensure that any information shared remains confidential (Rules 1.1 and 1.6). Second, the lawyer has an obligation to communicate and inform the client that the ALSP is being used and what information is being shared (Rule 1.4). Third, the lawyer has an obligation to stay abreast of the changes in services and operations of the ALSP in the event circumstance’s change. For example, SLPA that are technology-based companies can be subject to mergers, acquisitions, and reorganizations that can impact the ALSP operations. On August 29, 2023, the “legal technology” company Reveal published a press release stating that it acquired two other e-discovery companies, Logikcull and IPRO. Reveal provides the legal industry with tools for document review and other services. The acquisition resulted in over 4,000 customers and employees in more than two dozen countries. Logikcull, initially a United States company, now has its span globally. In the event that a law firm or client used Logikcull for a legal hold, extra steps now have to be taken to be compliant with the International Traffic in Arms Regulations (ITAR), because ITAR covered technical information cannot be transmitted without certain permissions and only to certain counties. Failing to understand the services and operations of the ALSPs of this transaction can result in not only ethical violations, but regulatory ones as well. The example of violating ITAR is the risk that the Rules of Professional Conduct are designed to prevent.

The use of technology, and investigating ALSPs, is not complete without a discussion of artificial intelligence. The risks associated with use of AI can create significant negative impacts on the client so that its use falls under this rule.

First, when we discuss AI, we should classify the type of AI that is being used. Generally, there are three types: analytical, predictive, and generative.

Analytical AI is generally directed to analyzing and interpreting data to provide insights, patterns, and meaningful information. An ALSP using analytical AI may be the easiest to implement since it can streamline document review, reduce errors, and improve efficiency. This is especially true when using AI to scan documents for key terms and flag issues for an attorney to review. Understanding the ALSP using analytical AI (and informing the client) can quickly lead to savings and improved accuracy.

Predictive AI seeks to forecast or predict future events or outcomes based on historical data and patterns. This use may be the riskiest for some firms because of the presence of bias in the very AI model itself, the large quantity of data required, the uncertainty of specific outcomes and assumptions made in the learning model about the subject matter. For example, one AI application, when presented with a potential juror name, searches public data related to the prospective juror, correlates the data with known patterns of human behavior, and provides a detailed profile of the person’s personality type and a summary of their views and biases. This application seeks to provide insight into the juror according to its AI model so that attorneys can use this information to predict biases in a potential juror. However, since AI has to be “taught” how to think, the AI may only be providing an appearance of usefulness, include bias and discrimination concerns, and even may violate the constitutional mandate not to use gender or race when selecting juries. Since the actual operation of the AI model is constantly changing and unknown, there is substantial risk with AI for this predictive application.

Nevertheless, using an ALSP with predictive AI that analyzes data to predict case outcomes and legal trends, combined with a lawyer’s oversight, can be a powerful tool. Using such an ALSP with predictive AI can allow a lawyer to make informed predictions about case success, analyze settlement offers, and develop mediation, settlement, and litigation strategies. Predictive AI can be used to review case facts, prior rulings, and judge behavior, potentially allowing the lawyer to better prepare strategic decisions concerning trial tactics, negotiations, or settlements. Predictive AI has the potential to enhance or even replace the mock jury process. It is important to be aware and understand that every model, technique, and process has its limitations when implementing it.

Generative AI is used to create new content, documents or other material and typically provides newly created content according to patterns and knowledge learned from existing data. Its use can include anything from litigation documents to emails. Again, understanding the process and communicating that it is being used to the client when deploying generative AI is critical to its proper implementation. For example, in patent law, a public disclosure can start a clock running in which the inventor has to file a patent application within twelve months or risk losing the ability to seek patent protection. ChatGPT is a public forum, so using this ALSP to draft a patent application would result in a public disclosure.

Even AI models that claim to keep confidential the information that is provided (e.g., seeking to avoid public disclosure) have issues with their operations. For example, patent drafting AI software states on its website that data is sent to Amazon Web Services (AWS), is encrypted, and the patent documents are not stored except as necessary to provide the services. While this is a good first step, the privacy policy states that the company may share the information collected from you with third-party companies, such as Amazon Web Services, Google, and LinkedIn. One has to wonder how the data remains confidential with these contradictory representations. Understanding these processes and policies is important to being able to communicate to a client when such a service is used.

We also know that there have been missteps with the use of generative AI, including the now well-known fine of $5,000.00 assessed against a lawyer who used ChatGPT to write an affidavit and brief, including six case cites that proved to be nonexistent cases. While it may appear that this is a gross dereliction of duty, the attorney explained that he was unaware that ChatGPT could provide false information (e.g., hallucinations). It is difficult to reconcile this explanation with the requirements of Rule 1.1, comment [8].

When using generative AI for a client, a detailed understanding of the ALSP policies and process is critical to ensure that confidentiality is maintained.
When selecting an ALSP and implementing it in your practice, there are several key points that are needed:

• Understanding how the ALSP receives, stores, and otherwise manages the data it receives. For example, is the data stored in one location, multiple locations domestically, and/or internationally? Further, the vendors of your vendor can play a role. In one example, a vender was used for data storage and analysis for material that was ITAR controlled. However, a vendor of a vendor was not ITAR compliant creating ethical and regulatory issues.
• Understanding the ALSP’s policies such as its security policies, disclosure policies, and ability to return or destroy data is important both in operation (and what) as they provide informed consent to the client.
• Obtaining informed consent from the client can be a requirement in some, if not most, cases. As we see ALSPs continue to invest in technology, the lawyer can capitalize on these new technologies and tools, but not necessarily without the client’s permission.
• Ensuring confidentiality.
• Providing oversight so that the lawyer does not blindly rely upon the ALSP since the duty of communications, competence, and confidentiality cannot be delegated. We learned this from the case J-M Mfg. Co. v. McDermott Will & Emery where the client instigated a legal malpractice claim alleging the negligent handling of e-discovery. The client pled that its counsel’s professional duty of care was breached when its counsel failed to supervise its e-discovery vendors and contract lawyers which resulted in the inadvertent production of thousands of non-responsive, privileged documents.

Properly implemented, ALSPs can be used effectively for the benefit of the lawyer and the client, but not without investigations, precautions, and oversight. Unfortunately, there is not a single checklist for this as each ALSP has unique and ever-changing procedures, policies, and processes, especially with the introduction of AI. Nevertheless, cost savings, efficiency, speed, large data access and analysis, and future predictive services can provide the law firm with a competitive advantage without requiring the traditional “team of lawyers.” Planned, controlled and thoughtful implementation of ALSPs is the way of the future. As discovered in the Alternative Legal Services Providers 2023 Report, ALSP use is growing in large part to the ability of the ALSP to provide specialized expertise (e.g., intellectual property portfolio management) and access to technology that is not available within the firm (e.g., artificial intelligence).

Also, AI is not without its entertainment…

Doug: Please write a closing paragraph for an article discussing alternative legal service providers

ChatGPT: In an era marked by rapidly evolving legal demands and the imperative to optimize resources, alternative legal service providers have unquestionably earned their place in the legal landscape. Their innovative approaches, cost-effectiveness, and commitment to efficiency are reshaping the way legal services are delivered and consumed. As clients and law firms alike continue to seek innovative solutions, the rise of ALSPs stands as a testament to the legal industry’s adaptability and responsiveness to change. While traditional law firms remain a cornerstone of the profession, the symbiotic relationship between traditional and alternative legal service providers is fostering a legal ecosystem that not only meets but anticipates the diverse needs of clients in our increasingly complex and dynamic world. The future of the legal industry appears to be one where the combined strengths of both models will continue to drive progress, making legal services more accessible, efficient, and effective for all.

Doug: Now, write it in the voice of a pirate.

ChatGPT: Arrr, me hearties, in this ever-changin’ legal seascape, these here alternative legal service providers be a treasure worth discoverin’! Their swashbucklin’ methods, savvy for savin’ doubloons, and their knack for speedin’ through legal waters be transformin’ the way we handle our legal affairs. As clients and law firms seek new horizons, these ALSPs be showin’ their mettle, provin’ they be a vital part o’ the legal crew. While traditional law firms be anchorin’ the profession, the partnership ‘twixt old salts and these newfangled ALSPs be creatin’ a legal realm that not only meets but anticipates the diverse needs o’ clients in this ever-twistin’ and turnin’ world. The future of the legal sea be one where both models be workin’ in tandem to chart a course towards makin’ legal services more accessible, efficient, and effective for all ye landlubbers!

Doug Kim, a Physics major from Davidson College, began his professional career as a computer programmer and software engineer. His intellectual property career began in 1998 when he combined his business experience with his legal education and was involved with enforcing a client’s patent against multiple infringers. Since then, Doug has created a well-rounded IP practice that provides legal solutions and strategies tailored to each client from multinational corporations to start-ups.

 

 

Endnotes

1. https://www.thomsonreuters.com/en-us/posts/legal/alsp-report-2023/ (according to the Alternative Legal Services Providers 2023 Report, published in 2023 and conducted June 1 to July
   18, 2022 by the Thomson Reuters Institute, the Center on Ethics and the Legal Profession at Georgetown Law, and the Saïd Business School at the University of Oxford.
2. 73 CFR 42781
3. Id.
4. Id (See MPEP § 140 (8th ed., Rev. 5, Aug. 2006).
5. 15 CFR Parts 730–774.
6. https://www.uspto.gov/trademarks/protect/applications-terminated-abtach-360-digital-marketing-retrocube
7. 37 C.F.R. § 2.193(a); TMEP § 611.01(b).
8. https://www.uspto.gov/trademarks/protect/applications-terminated-abtach-360-digital-marketing-retrocube
9. Case No. 2012-208067.
10. Id.
11. Rule 1.1 Comment [8].
12. Rule 1.4 Comment[5].

by Kim, Lahey & Killough Law Firm

Contingency Planning and Disruptions: Preparing for a Typhoon

At the recent NEXT Upstate’s Founders Forum, our firm’s founder Attorney Doug Kim spoke to business owners about contingency planning and the crucial steps they should take to prepare for disruptions. He speaks from personal experience. In May 2023, during a diving expedition to Truk Lagoon Micronesia, unexpected challenges unfolded, leading to an extended stay due to flight delays caused by Typhoon Mawar.

Before the one-in-a-lifetime journey began, Doug and the rest of the firm prepared meticulously, including informing clients, designating a point of contact, and addressing administrative tasks. Despite facing unexpected delays and limited communication options during the trip that Mother Nature extended by two weeks, the firm’s established policies and procedures allowed for effective management of the disruption. We didn’t miss a beat!

The resilience of our firm’s operations, enabled by our SaaS tech stack, cloud storage, and VPN, allowed for continuous communication and work progress. The ability to triage and prioritize tasks ensured that essential work continued, even in the face of uncertainties. The experience highlighted the importance of having contingency plans in place, especially when unforeseen circumstances lead to an unexpectedly prolonged absence.

While the incident tested the firm’s resilience, it also provided valuable insights into the effectiveness of remote work capabilities. It underscores the need for businesses to not only anticipate disruptions but also to implement robust contingency plans that encompass various scenarios, ensuring continued functionality and adaptability in the face of the unexpected.

Key Takeaways:

Complete a Comprehensive Business Analysis Impact Report:
Doug emphasized the importance of conducting a thorough business analysis impact report. Scrutinize all business functions, applications, and services to identify vulnerabilities and potential areas of risk. By understanding how disruptions might impact different facets of the business, owners can proactively implement measures to mitigate risks.

Protect the Essentials for Revenue Generation:
Protecting what’s vital to revenue is paramount. Doug advised business owners to identify and secure the critical components that drive revenue. This includes safeguarding key assets, client relationships, and proprietary technologies. By prioritizing these elements, businesses can enhance their resilience against disruptions that may threaten their financial stability.

Cross-Train Teams and Establish Succession Plans:
Cross-training teams is a strategic move to ensure that no single person holds exclusive knowledge or skills critical to business operations. For solopreneurs, Doug recommended finding a trusted friend who can serve as a backup and hold a spare set of keys to the castle. This not only mitigates risks associated with personnel dependencies but also ensures a smoother transition in case of unforeseen circumstances.

Develop a Comprehensive Communications Plan:
Effective communication is key during times of disruption. Doug suggested creating both internal and external communications plans. Internally, it’s crucial to designate a person in charge and establish clear communication channels. Externally, keeping clients and vendors informed is essential for maintaining trust. Additionally, evaluating the need for public relations (PR) during crises ensures that the business’s image is carefully managed.

Data Recovery Strategies:
Doug outlined a robust data recovery strategy involving the maintenance of three copies, two backups, and one offsite storage. This ensures data redundancy and protection against data loss. Incorporating third-party solutions that are geographically untethered adds an extra layer of security.

Measures to Safeguard Property and Funds:
To protect property and funds, Doug recommended internal agreements such as employment and independent contractor agreements. Safeguarding intellectual capital (IP), having duplicate vendors, and establishing an incident response team, both internally and externally, further fortify the business against unforeseen events.

Insurance and Contract Clauses:
The importance of insurance in contingency planning cannot be overstated. Doug suggested considering insurance coverage tailored to the specific risks faced by the business. Additionally, including contract clauses that outline provisions for emergency use of electronic data processing equipment helps manage expectations in case of equipment failures.

By incorporating contingency planning strategies, entrepreneurs can build resilient businesses capable of withstanding disruptions and adapting to changing circumstances. As Judson L Moore aptly stated, “A bad plan is better than no plan,” emphasizing the significance of flexibility in adapting and refining strategies as circumstances evolve.

• Check out local news coverage of “Stuck in Truk”
• Learn more about NEXT Upstate’s Founders Forum series.

by Kim, Lahey & Killough Law Firm

Kim, Lahey & Killough 2023 SC Super Lawyers

Kim, Lahey & Killough attorneys listed in
2023 South Carolina Super Lawyers

Kim, Lahey & Killough attorneys Doug Kim, Seann Lahey, and B.C. Killough have been named in the 2023 South Carolina Super Lawyers list as top-rated intellectual property attorneys and Casey Martens has been named in the 2023 South Carolina Rising Stars list as a top-rated employment and labor attorney in the Greenville and Charleston markets.

Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive the honor of inclusion on the Super Lawyers list and no more than 2.5 percent of the lawyers in the state are selected to be listed as Rising Stars.

Greenville patent attorney Doug Kim, founder of Kim, Lahey & Killough, has been included in the South Carolina Super Lawyers list annually since 2017. Kim concentrates his law practice in the areas of brand protection, invention protection, licensing, contracts, company formation, Internet and domain name, data security and privacy, patents, trademarks, copyright, technology transfer, IP litigation, trade secrets, Internet & domain name pursuits, business disputes & resolutions. In addition to Super Lawyers, Doug Kim has previously been named the to the Greenville, SC Best Lawyers® list, named the Trademark Lawyer of The Year, the Best Lawyers® Patent Lawyer of The Year, an IP Star by Managing Intellectual Property magazine and a Legal Elite of the Upstate by Greenville Business Magazine.

Charleston patent attorney B.C. Killough adds his ninth year as a named attorney to the South Carolina Super Lawyers list in the area of intellectual property law. Killough’s practice areas include brand protection, invention protection, licensing, contracts, company formation, Internet and domain name, data security and privacy, patents, trademarks, copyright, technology transfer, IP litigation, trade secrets, Internet & domain name pursuits, business disputes & resolutions, commercial transactions, and mediations of intellectual property and commercial disputes.  Killough has been honored as a Senior Fellow by the Litigation Counsel of America, holds an AV preeminent rating with Martindale-Hubbell, was previously named the Best Lawyers Corporate Lawyer of the Year for the Charleston market and has been recognized by Charleston Business Magazine as a Legal Elite in the area of Intellectual Property and Innovation.

 

Greenville patent attorney Seann Lahey joins colleagues Doug Kim and B.C. Killough on the Super Lawyers list for their work in intellectual property matters. Seann Lahey’s intellectual property law practice regularly includes work in trademarks, copyrights, trade secrets licensing matters, and he has extensive experience dealing with international and U.S. patent prosecution. He has also been recognized by Greenville Business Magazine as a Legal Elite of the Upstate for his work in intellectual property law.

 

 

Super Lawyers South Carolina Rising Star Casey Martens practices employment and business law in both the Greenville SC and Brevard NC offices of Kim, Lahey & Killough. Her law practice focuses in the areas of business disputes and litigation, state and federal employment law, corporate formation, drafting and enforcement of contracts, business disputes involving interference with client relations, individual and business defamation, collections, and enforcement of non-compete agreements. She has also been previously recognized by Greenville Business Magazine as a Legal Elite of the Upstate.

 

About Super Lawyers
Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.

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 Firm

Hunter Freeman joins Kim, Lahey & Killough

Patent Attorney Hunter Freeman joins longtime colleagues at
Kim, Lahey & Killough

Kim, Lahey & Killough Law Firm is pleased to announce the addition of patent attorney Hunter Freeman to the firm’s Greenville, SC, office. Freeman’s law practice focuses primarily in the areas of patents, trademarks, trade secrets, contracts, licensing, copyrights, litigation and mediation.

Previously, Freeman worked with firm co-founders Doug Kim and Seann Lahey for 15 years at a large South Carolina firm. Since those early years, each has grown in knowledge, experience and emphasis on the intellectual property needs of South Carolina. Additionally, the number of tech companies in the state has grown by more than 250% during those years, and the need for legal strategies that empower businesses of all sizes to succeed has increased accordingly. “I am excited for the future as we work together to address the growing number of tech innovations born out of South Carolina,” commented Freeman. “I am eager to work alongside my friends again, and with the rest of the firm, to build, expand, develop, and advance the future of business in South Carolina and beyond.”

Freeman has experience in a myriad of industries to include medical devices, manufacturing, aerospace, software and tech, marketing, food beverage and hospitality, consumer products, startups and entrepreneurs, among others.

“As our clients’ needs continue to grow and evolve, we understand the importance of having another trusted colleague in our firm who can navigate the complex world of intellectual property protection and enforcement. With the addition of Hunter Freeman we now have five IP attorneys and are well suited to handle the growing needs of businesses and corporations across South and North Carolina,” observed Doug Kim. “And for those seeking to avoid litigation, we now have two intellectual property mediators in Hunter Freeman and Bill Killough.”

Freeman shares the client-centric philosophy of Kim, Lahey & Killough and enjoys sharing his knowledge to help strengthen and support South Carolina’s entrepreneur ecosystems. He routinely speaks at entrepreneurial workshops and his articles have been published in IP WatchDog, Intellectual Property & Technology Law Journal, South Carolina Lawyers Weekly, and UpState Business Journal. Hunter Freeman has been recognized for his work by his peers and the business community as he is listed in The Best Lawyers in America®, South Carolina Super Lawyers, and in Greenville Business Magazine, as a Legal Elite of the Upstate.

Freeman earned a Bachelor of Science in physics at Rhodes College, and his Juris Doctor from the University of South Carolina School of Law. He is admitted to practice before all state and federal courts within South Carolina Courts, as well as the United States Court of Appeals for the Fourth Circuit, and the United States Patent and Trademark Office.

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 and across the globe.

by Kim, Lahey & Killough Law Firm

Kim & Lahey Attorneys Honored in 2021 Legal Elite

 

 

The Kim & Lahey Law Firm is proud to announce that our attorneys are being honored by Greenville Business Magazine as part of South Carolina’s 2021 Legal Elite. This is the second year in a row that all Kim & Lahey attorneys have made the list.

Greenville Business Magazine’s Legal Elite is the only regional awards program that allows every active attorney to nominate and vote for their peers across 26 categories. The following are the Kim & Lahey attorneys selected for inclusion, as well as the practice areas in which their work is recognized:

Douglas Kim: Intellectual Property and Innovation – Business Litigation
Seann Lahey: Intellectual Property and Innovation – Business Litigation
Jason Rosen: Tax and Estate Planning – Corporate Law, Mergers, and Acquisitions
Casey Martens: Labor and Employment

Thank you to all of our peers who voted and congratulations to all of the South Carolina attorneys who are being recognized this year.

by Kim, Lahey & Killough Law Firm

Strategies for Buying or Selling a Business During a Pandemic

Join us for the first in a series of Micro Meetings where we’ll dive deep into one topic during a 30-min Zoom, focusing on two main points to help innovative business owners reach their goals.

In light of the pandemic, some entrepreneurs who may have steered the course 5 – 10 years more are now considering passing their businesses down to family or selling them early. For those looking to buy, there are new questions about how to do your due diligence in the post-COVID era.

If you’re thinking about buying or selling a business in 2021, these are two areas where avoidable mistakes are often made:

1. Licensing – Are licenses involved? Who is the license holder? How easy is it to transfer?
2. Contracts / Agreements – Who owns the company? What happens if one partner wants out or dies unexpectedly? How do you handle contracts with existing employees? With vendors?

Attorney Jason Rosen will answer those questions and more. Jason helps entrepreneurs create businesses, negotiate contracts and buy and sell assets. He advises business owners how to avoid legal situations before they arise and guides individuals in preparing for their future through legacy planning.

This Zoom webinar is free and open to the public on Thursday, May 6 from 11:30am – Noon. For more information, read more and register here.

 

 

by Kim, Lahey & Killough Law Firm

Kim & Lahey Law Firm Named to “Best Law Firms” List 2021

by Kim, Lahey & Killough Law Firm

Doug Kim Shares Legal Strategies for Entrepreneurs

The pandemic has forced many changes in the business world, from closings and layoffs for some, to successful pivots for others. One surprising outcome is the surge of new startups in America, which had increased by almost 50% for the year by October.

To celebrate this renaissance, i4Series is hosting a free online event as part of Global Entrepreneurship Week on November 19 from 11am – 12pm. Whether you’re a startup or looking to scale your business, join us to learn about software and legal strategies that put you on a path to success.

Doug Kim has been supporting the entrepreneurship community for more than 20 years, helping innovative businesses of all sizes thrive. Now, more than ever, during this time of rapid innovation and uncertainty, entrepreneurs need legal strategies that empower them to succeed, strategies like protecting inventions and your brand, protecting your work from being copied, and using contracts to safeguard your interests to name a few.

He is joined by fellow speaker, Zac Muma, a Business Solutions Specialist for Microsoft. Zac works with entrepreneurs to identify what they need in their software stack and helps them get set up. With so many apps available, it’s hard to know which ones you may need and how they work together. Whether you’re B2B, eCommerce or offer professional services, Zac will show you ways to streamline operations and get new clients.