Ziliak Law
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Ziliak law provides legal services for financial services firms, hedge funds, entrepreneurs, creatives, businesses, and more.
From its roots in representing individuals and entities in the trading industry, Ziliak Law has grown into a firm that provides a broad range of legal services to businesses and entrepreneurs. When hedge funds, mutual funds, commodity pool operators, and proprietary trading groups have legal questions, Ziliak Law provides solutions that reflect experience on both the legal and operational sides of
07/25/2024
SCOTUS's decision to overrule Chevron will change how regulators approach issues from the environment to finance - any area where Congress has not expressly delegated interpretive authority to an executive agency is likely to see widespread change.
In Loper, the Supreme Court Changes the Future of Regulation - Ziliak Law In holding that courts must exercise independent judgment when examining whether an agency acted within its statutory authority, the Supreme Court dealt yet another blow to the administrative state. Overruling Chevron U.S.A. Inc. v. Natural Resources Defense Council, the Court’s decision in Loper ...
06/26/2024
In a unanimous decision, held that United States Patent and Trademark Office did not violate the 1st Amendment when denying "Trump Too Small" as a registered trademark. Here's why:
Supreme Court Permits USPTO’s Denial of "Trump Too Small" Trademark Registration - Ziliak Law The Supreme Court held last Thursday that the U.S. Patent and Trademark Office did not violate the First Amendment when the Office concluded that “Trump Too Small” could not be registered as a trademark. In a unanimous decision, the Court found that the USPTO did not discriminate based on the vi...
06/20/2024
The long-standing test for design patent obviousness has been thrown out, making it likely that more design patent applications will be rejected.
Here's what you need to know:
The end of the Rosen-Durling Test: Court analysis of design patent obviousness shifts towards the standard used for utility patents - Ziliak Law In a decision throwing out the long-standing test for design patent obviousness, the Federal Circuit in LKQ Corp. v. GM Global Tech. Operations LLC, (Fed. Cir. 2024) (“LKQ”) determined that the Rosen-Durling test was “improperly rigid” and that requiring an earlier design to be “basically ...
06/19/2024
Last year, the U.S. Securities and Exchange Commission proposed significant amendments to Rule 15c3-3, which are expected to take effect this year.
Here's what you need to know:
Understanding Changes to SEC Rule 15c3-3: Implications for Broker-Dealers and Comparison with the Futures Market Safeguards - Ziliak Law In the intricate world of financial regulations, SEC Rule 15c3-3, often referred to as the "Customer Protection Rule," plays a crucial role in safeguarding customer assets held by broker-dealers. This rule, established by the Securities and Exchange Commission (SEC), ensures that customer funds and....
05/30/2024
Is ether a security?
Software juggernaut Consensys's U.S. Securities and Exchange Commission suit asks for a formal declaration and an injunction that would shut down the SEC investigation and bar the Commission from any enforcement action.
Ethereum News: Security or Commodity? Consensys Takes SEC to Court to Force the Answer. - Ziliak Law Crypto enthusiasts cheered the surprise approval last week of spot ether exchange traded funds (ETFs) being prepared for listing on U.S. stock exchanges. It’s only the second time a cryptocurrency-backed group of ETFs has been approved by the Securities and Exchange Commission, a move some analyst...
05/28/2024
🚨 Financial Crimes Enforcement Network dictates certain corporations and LLCs registered in the US must comply with the BOI reporting requirement before 1/1/25. We'll walk you through the steps:
5 Minute Guide to Filing a BOI Report with FinCEN - Ziliak Law Pursuant to the Corporate Transparency Act of 2021, U.S. companies are now required to disclose certain Beneficial Ownership Information (BOI). While this law has been on the books for a few years now, the grace period is almost over. The Financial Crimes Enforcement Network (FinCEN) mandates that c...
05/22/2024
In Warner Chappel Music, Inc. v. Nealy, SCOTUS left as an open question the ongoing validity of the discovery rule under the Copyright Act. But copyright plaintiffs can pursue full damages in connection with timely claims:
Copyright Act Does Not Contain Time Limitation on Damages Apart from Statute of Limitations - Ziliak Law In Warner Chappel Music, Inc. v. Nealy, the Supreme Court found that a timely filed claim for copyright infringement is not subject to an additional time limitation on monetary recovery. Rather, the Copyright Act entitles a “copyright owner possessing a timely claim for infringement…to damages, ...
05/10/2024
Both SAFEs and convertible notes have their merits and drawbacks, but by understanding their core differences, you can make strategic decisions that attract the right partners:
Understanding the Differences Between SAFEs and Convertible Notes - Ziliak Law For startup founders and investors in startups alike, navigating the world of financing can be tricky. Two popular instruments used to raise early-stage capital are SAFEs (Simple Agreements for Future Equity) and convertible notes. How do they differ? And in what circumstances may one be better than...
05/09/2024
SAFE notes facilitate growth and scalability by aligning the interests of founders and investors without the pressure of immediate debt repayment - but careful consideration for the terms and implications is crucial. We go through the basics:
Understanding SAFE Notes: A Strategic Tool for Fintech Startups - Ziliak Law In the dynamic world of fintech startups, securing funding efficiently can significantly impact growth. One financial instrument gaining popularity is the Simple Agreement for Future Equity (SAFE) note. SAFEs were introduced by Y Combinator in 2013 to simplify early-stage investments. This post expl...
05/08/2024
Thank you BlueStar CS for having our Managing Partner Zach Ziliak on your "Spotlight for Success" series! Zach discussed how important partnerships are within the investment management arena as well as the challenge of applying legacy legal structures to emerging technology (and why we like working on such projects).
eDiscovery and Innovative Data Solutions In this episode of "Spotlight on Success," Mike Gantz, Senior Director of Legal Solutions, discusses with Zach Ziliak, Managing Partner at Ziliak Law, Zach's intriguing transition from mathematics, finance, and high-stakes trading to legal excellence. Their conversation highlights how Zach
05/07/2024
Have questions about the FTC's ban on noncompete clauses in employment contracts, which will go into effect on Sept. 4, 2024? We've got answers!
Noncompete Ban - Ziliak Law On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted to ban noncompete clauses in employment contracts. This new rule will go into effect on September 4, 2024, 120 days after its publication in the Federal Register. While the language of the rule targets noncompete clauses specifically,....
04/27/2024
We've published an update to our previous blog on the Corporate Transparency Act based on last month's decision U.S. Circuit Court ruling. It's important to note that the only part of the Act that was held unconstitutional is the requirement to register, with no parallel challenge to the part that creates a database with FinCEN.
Corporate Transparency Act Implementation Information - Ziliak Law UPDATE 4/25/2024: In March 2024, a U.S. District Court judge in Alabama held that the Corporate Transparency Act was unconstitutional in an opinion ruling on a motion for summary judgment. The ruling was critical of Congress’s choices in constructing the Act, but not of its aims. The Court discuss...
04/04/2024
The SEC bitcoin hack is a lesson for all businesses in prioritizing data security - and an opportunity for everyone to explore opportunities in crypto.
Bitcoin ETF Approval News: Crypto Bulls Celebrate Boom, But Worries About SEC Hack Linger - Ziliak Law While Bitcoin enthusiasts celebrate the stunning success of a newly approved group of exchange-traded funds this week, the FBI continues to search for an unidentified hacker who posted a counterfeit tweet about the ETFs that caused confusion and chaos in the markets. Since the Bitcoin ETF approval d...
01/15/2024
The Corporate Transparency Act means new compliance obligations in 2024. We’re here to help!
Corporate Transparency Act Implementation Information - Ziliak Law Part of the Anti-Money Laundering Act of 2020, enacted by Congress in 2021, is the Corporate Transparency Act (CTA)[1]. The CTA is intended to enhance the transparency of corporate entities to combat money laundering and other types of fraud by creating a federal database of companies that are not a...
06/20/2023
“Van wasn't talking in terms of what was in his best interest as a lawyer, but mine as a client.” –Eric Lee
Testimonial: NOT SOMETHING YOU SEE EVERY DAY - Ziliak Law “Van wasn't talking in terms of what was in his best interest as a lawyer, but mine as a client.” –Eric Lee If you’ve ever had to take your car into the shop, you’ve probably had this feeling: You’ve got a piece of work that needs doing, but you don’t know whether it’s going to […]
06/11/2023
Last week, SCOTUS answered the question "when is a dog p**p toy just a dog p**p toy?" by ruling in favor of Jack Daniel's.
Justice Kagan stated that the Rogers Test does not apply in cases where the accused infringer has commandeered another party’s trademark in order to designate the source of its own goods. Because SCOTUS avoided deciding on the viability of the Rogers Test in its chosen, narrow context, the thorny issues involving the First Amendment were left unaddressed.
Supreme Court Holds in Favor of Jack Daniel’s in Trademark Case Over a Dog Toy - Ziliak Law As we wrote in April 2023, the Supreme Court recently heard a case involving Jack Daniel’s and a p**p-themed dog toy made by VIP Products. On June 8th, the Court held unanimously in favor of Jack Daniel’s. Unlike the approach of the Ninth Circuit Court of Appeals, the Supreme Court rejected the ...
04/26/2023
When is a p**p-themed dog toy just a p**p-themed dog toy?
The Bad Spaniels case raises surprisingly messy issues, and we're not just talking about what may come out of your dog.
(And yes, the First Amendment protects our ability to make that bad joke).
But free expression and the impact parody has on a trademark - especially in light of the long-standing Rogers Test - are tricky issues highlighted in this case.
The Head of our Entertainment & Media Practice, Jim Griffith, breaks it down in our latest blog:
DOG TOY TAKES A NO. 2 ON OLD NO. 7’s BRAND, JACK DANIELS ARGUES IN SUPREME COURT TRADEMARK CASE - Ziliak Law Listen to oral arguments as recorded live before the Court: When is a p**p-themed dog toy just a p**p-themed dog toy? That’s the question the Supreme Court considered last month during unusually scatological oral arguments that at times had Justices and observers tittering like middle schoolers. V...
12/07/2022
Managing Partner Zach Ziliak joins Mike Schroeder on the Alt Funds Investment Podcast to discuss the legal side of digital asset funds, security tokens & DAO's
The Legal Side of Digital Asset Funds, Security tokens & DAO's - Zach Ziliak - Ziliak Law, LLC Do you have a question that we can answer for you? Drop a comment or reach out - [email protected] https://www.linkedin.com/company/alt-funds-investm...
11/27/2022
Zach Ziliak joins Frank Nagy for "Top 3 U.S. Exemptions for Hedge Fund Advisors LAW TALK"
Top 3 U.S. Exemptions for Hedge Fund Advisors LAW TALK Top 3 U.S. Exemptions for Hedge Fund Advisors LAW TALKhttps://franknagyfinancialservices.com/top-3-us-exemptions-for-fund-advisors.htmlZach Ziliak, Ziliak La...
11/14/2021
In one month, join our Managing Partner Zach Ziliak, Stacey Mankoff (Managing Principal of The Mankoff Company), Eric Gravengaard (CEO, Athena Bitcoin & CIO, Red Leaf Advisors), Deji Jimoh (CTO and Co-Founder of WealthBlock.AI), Peter Arethas (VP, Gabriel Horn Capital; Adjunct Professor, Saint Xavier University; Venture Capital Investment Fellow, VU Venture Partners), and Tony Pettipiece (Chairman of the Board; FinTech & Investment Advisor, GRIP Investments, Chair of Policy & Regulation Committee, Global Digital Asset & Cryptocurrency Association) for "Tokenization, NFTs, Crypto Investment & the Latest in Blockchain & DeFi" on ! https://bit.ly/3CT2MhM
What do "Friday the 13th" and "Captain Marvel" have in common? They both offer cautionary tales for creators on how to fight for their rights. https://ziliak.com/screenwriter-wins-victory-for-creators-in-copyright-wars/
Friday is the last day for public comment on the SEC's thoughts on gamification, behavioral prompts, and other investor engagement practices used by online brokerages. https://bit.ly/3CT4oaZ
There are several benefits to using smart contracts for OTC derivative transactions. Here are some of them: https://bit.ly/3rjXqHr
Because of recent changes in the law, student-athletes stand to earn significant compensation while still in college. Companies that seek to partner with student-athletes can now enter into sponsorship and other agreements with them. https://ziliak.com/its-a-new-day-in-the-ncaa/
Want to protect your idea but not sure if a patent is the right choice? Review the options. https://bit.ly/3sXoGKU
Is the cost of protecting your idea worthwhile? We can help.
https://bit.ly/3sXoGKU
12/17/2020
One of the top legal issues for celebrities and other public figures is the monetization and protection of one’s commercial identity. Branding, endorsement, and product placement deals can result in significant revenue... when properly drafted. https://bit.ly/37baHcQ
Top Legal Issues Affecting Entertainers and Athletes - Ziliak Law From choosing the right business structure and filing for IP protection, these are the top legal issues affecting entertainers and athletes.
12/14/2020
There are many legal concerns that are specific and custom to sports and entertainment law. Here are some key issues that could warrant the assistance of an experienced attorney. https://bit.ly/37baHcQ
Top Legal Issues Affecting Entertainers and Athletes - Ziliak Law From choosing the right business structure and filing for IP protection, these are the top legal issues affecting entertainers and athletes.
12/04/2020
"Let's help to make sure that the blockchain innovations that are coming happen here, not decamping offshore."
That's our Managing Partner, Zach Ziliak, on Bitcoin Taxes and how the incoming Biden Administration can help foster fin tech entrepreneurship here at home in the U.S..
Tax Planning and New Policies in a Crypto Bull Market Attorneys Zach Ziliak and Andrew Gordon discuss the current Bitcoin Bull Market, new Biden crypto policies, and crypto tax planning strategies.
12/03/2020
"There's still a lot of work to be done on the regulatory front, but this feels like a genuine rise with true economics behind it." - Managing Partner Zach Ziliak was recently on Bitcoin Taxes to chat about this rise in bitcoin prices compared to 2017.
Tax Planning and New Policies in a Crypto Bull Market Attorneys Zach Ziliak and Andrew Gordon discuss the current Bitcoin Bull Market, new Biden crypto policies, and crypto tax planning strategies.
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Your Vision + Our Experience = Your Growth.℠
The attorneys at Ziliak Law care about your business. We hire attorneys who understand our clients’ industries, and we get to know your processes, your plans, your concerns – not just the law.
From its roots in the trading industry, Ziliak Law has grown into a firm that provides a broad range of legal services to businesses and entrepreneurs. Across 32 U.S. states and 28 countries (and counting!), we assist creatives in commercializing their work and protecting their intellectual property, help money managers launch funds that trade a wide range of traditional and digital assets, and support business ventures in fundraising and litigation. When our clients have legal questions, Ziliak Law provides solutions that reflect experience on both the legal and operational sides of their industries.
Financial Industry Practice
Many of our attorneys have worked in a variety of capacities within the financial industry. We have former traders, compliance and risk officers, and regulatory investigators in our ranks, each of whom is ready to share his or her experiences to assist our clients. We advise on relevant regulations; assist with entity formation and registration; help identify and mitigate client, compliance, financial, legal and regulatory risk; interpret law and regulation into effective policies and procedures; and manage responses to regulatory inquiries and exams. Additionally, we advocate for our clients wherever they face disputes, including state and federal court, FINRA, NFA and AAA arbitration, regulatory investigations, and hearings before exchange committees.
Startups, Business & Corporate Practice
Our team of transactional attorneys and litigators is dedicated to helping our clients achieve their business goals. We advise entrepreneurs, startups and seasoned companies on a broad spectrum of business and corporate matters including entity formation, organization and qualification, joint ventures, capital structure, stock issuances, financing transactions, employment and consulting agreements, confidentiality and nondisclosure agreements, non-competes, commercial transactions, technology agreements and software licensing, and trademarks. Whether you are forming a business and need counsel on decisions that will affect your venture’s long-term viability, or seeking advice on specific business transactions or disputes, Ziliak Law is committed to helping you succeed.
Intellectual Property
Intellectual Property laws protect your intangible assets: patents, trademarks, copyright, trade secrets, etc. At Ziliak Law, our experienced attorneys help you build your intellectual property portfolio: turn an invention into a patent; obtain a trademark for your brand. More importantly, you can count on us to enforce your rights and defend against infringement accusations.
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