A new ordinance went into effect April 4, 2016, which prohibits many employers in Austin from asking job applicants about their criminal histories until they’re well into the hiring process. The Fair Chance Hiring Ordinance, colloquially known as the “Ban the Box” measure, will forbid most employers from considering an applicant’s criminal record until after making a conditional offer of employment. Thus, Austin employers must evaluate whether the ordinance will affect their operations and, if so, what steps they need to take to alter their hiring processes and related guidelines.

Once you have selected a trademark and it has been cleared for use, you can simply start using the mark. This will give you common law trademark rights. However, you should consider filing an application to register the mark with the United States Patent and Trademark Office (USPTO). There are a few questions that might come to mind when this recommendation is made: 1. Why should I register my trademarks? 2. Which of my trademarks should I register? And 3. When should I register my trademarks?

Based on recent news stories and our experience, it appears that cybercriminals may be targeting healthcare providers with ransomware attacks. Publicly reported incidents and others of which we are aware have involved providers ranging from clinics and imaging centers to hospitals, and these entities have had to pay hundreds to thousands of dollars to gain access to their medical records, billing records or other vital computer systems – often after significant interruption of operations. On March 31, 2016, the U.S. Dept. of Homeland Security issued an alert about these attacks as a result of recent attacks on businesses including healthcare facilities and hospitals worldwide.

Once a proposed mark has been chosen, it is always a good idea to have your trademark attorney conduct a trademark search. Even if you are not aware of any competitors or related companies that use the same name it does not mean that there are none. A trademark search will also look for marks that are “confusingly similar” to the mark being searched or are likely to cause confusion in the consuming public. We will discuss the concept of confusing similarity and likelihood of confusion in the context of trademark infringement in a later post.

If you are considering several marks, it may be possible to narrow the field by conducting a quick Internet search using Google or a similar search engine. If that search finds a direct hit, you can quickly move on to your next contender. This strategy can save time and money for when the final options need to have a closer look taken by your trademark attorney.

Patricia Smith, U.S. Department of Labor solicitor, recently announced the final rules regarding the changes to the FLSA White Collar Exemption Regulations will be published in July 2016. She also indicated the regulations will be effective 60 days after their publication. This means the changes will become effective no later than September 2016.

Selecting a strong trademark is the key to being able to protect the trademark. As we discussed last week, the first and central step in branding is selecting your trademarks, which will serve to promote your reputation and help your company stand out among your competition. However, when choosing a name for a product or service, the inherent strength of mark should be considered as this will affect many things going forward from the cost of a search to your ability to stop others from using similar names.

“Branding” is one of the most popular buzz words in the advertising and marketing arena. But what does it mean to have a “brand” and what is needed to create and maintain your “brand”? Is it really important for a small physician’s office or local hospital? The short answer is yes – branding is important, even for small providers.

Husch Blackwell Labor and Employment attorneys Terry Potter and Robert Rojas presented a webinar Feb. 3, 2016, on Workplace Safety vs. Workplace Gun Rights. The webinar focused on the legal landscape of current gun legislation, how certain legislation effects employers and the workplace, and how to minimize any risks associated with that legislation. Workplaces, including those in the healthcare industry, are facing the effects of such laws.