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Vibe Coding Legal Risks: Does Your Company Own Its AI-Generated Software?
Vibe coding is a form of AI-assisted software development in which a person describes what software should do and relies on an AI coding tool to generate and revise much of the underlying code. The user may test the software, describe problems, and direct changes without necessarily reading or fully understanding every line of code the AI produces. Tools such as Claude Code, GitHub Copilot, Cursor, and similar AI coding agents have made this increasingly practical for both pr

panagos kennedy
Aug 237 min read


When Talent Leaves: Don't Let Them Take The Company Crown Jewels
Key employees often have access to valuable customer lists, pricing models, product roadmaps, and technical know-how. Much of this is the company's confidential information. At least some of this, if valuable and properly maintained, may also be trade secrets. So what happens when these key employees leave the company? The right answer is not panic or a boilerplate exit interview that nobody takes seriously. A departure should trigger a consistent process designed to protect

panagos kennedy
Jun 255 min read


After Kamax: Managing Automotive Supply Contracts When the Rules Remain Unclear
The Michigan Supreme Court had a chance to address a question that matters across the automotive supply chain: when does a purchase order, blanket agreement, or long-term supply arrangement create an enforceable requirements contract under Michigan law? But in FCA US LLC v Kamax Inc., ___ Mich App ___ (2025) (Docket No. 371234), appeal dismissed, ___ Mich ___ (Apr. 22, 2026) (Docket No. 168680), the Court did not reach the merits. After the parties settled, the Court vacated

panagos kennedy
May 166 min read


Who Owns the IP in a Family Business When Relationships Break Down?
In closely held family companies, intellectual property is often treated as a shared asset in much the same way as reputation or customer relationships. That works until it doesn't. When relationships shift, whether through succession, disagreement, divorce, or a potential sale, the question of who actually owns the company’s core intellectual property becomes determinative. At that point, informal understandings give way to formal rights, and many businesses discover that ow

panagos kennedy
Apr 214 min read


When Forecasts Fail: How Tier 1 Suppliers Can Protect Themselves from OEM Volume Volatility
In the automotive supply chain, forecasts are everywhere and commitments are rare. Tier 1 suppliers are routinely asked to plan production, secure materials, and invest in capacity based on projections that are expressly non-binding. When those forecasts shift, often with little notice, the financial consequences fall almost entirely on the supplier. This imbalance is not new, but it has become more acute. Electrification timelines continue to move. Consumer demand remains un

panagos kennedy
Apr 83 min read


Is That a Brand—or Just Decoration?
Many trademark problems don’t start in the legal department. They start in design, marketing, or social media. This is where a phrase that looks great but does not actually function as a trademark. Let's not do that. Here is now to use selected marks the best way for legal purposes. What Brand Managers Need to Know About “Failure to Function” in Trademarks Today, one of the fastest-growing reasons trademarks are refused or weakened is something called “failure to function.” A

panagos kennedy
Feb 103 min read


Part I: Startup Funding in Michigan
If you are building a startup in Michigan, fundraising can feel opaque—not because capital is unavailable, but because it comes in stages, each with its own logic, expectations, and tradeoffs. This post is meant to demystify those stages by explaining why they exist, what they are designed to fund, and how Michigan founders typically experience them. Rather than treating funding rounds as labels, it helps to see them as checkpoints in a company’s development. Each round answe

panagos kennedy
Dec 14, 20253 min read


How In-House IP Counsel Can Fortify Their Patent Filings Against § 101 Rejections
For more than a decade, § 101 has been the dark cloud over U.S. patent practice. Even companies with sophisticated R&D pipelines routinely find themselves stuck in eligibility quicksand, watching well-designed innovations get bounced as “abstract ideas” or “mere data processing.” Yet the surprising truth is this: the companies that consistently avoid § 101 headaches aren’t doing anything exotic. They aren’t filing longer applications, or denser ones, or even necessarily more

panagos kennedy
Nov 19, 20254 min read


Conducting a Year-End IP Audit
As the calendar winds down, most businesses are focused on closing the books and planning for the next fiscal year. But one often-overlooked task can yield some of the best strategic value—an intellectual property (IP) audit. Whether your company builds software, manufactures components for jet engines, or delivers professional services, your IP is likely one of your most valuable assets. A year-end audit ensures that these assets are properly aligned with your busines goals

panagos kennedy
Oct 10, 20252 min read


Preparing Your Business for AI Regulation
Artificial intelligence (AI) is quickly transforming industries and businesses. Governments worldwide are catching up. Expect new laws and regulations, and plan accordingly. The Developing Regulatory Landscape The European Union’s AI Act is currently in the process of implementation. It is the most comprehensive attempt to regulate AI to date. It introduces a risk-based framework, imposing stricter requirements on high-risk applications such as biometric identification, medic

panagos kennedy
Aug 29, 20252 min read


Protecting Trade Secrets in Small Manufacturing Shops with DoD Aerospace Customers
For small, advanced manufacturing businesses supplying both automotive and aerospace industries, trade secrets are often a competitive edge. But if you work with Department of Defense (DoD) aerospace clients, the bar has just been raised. The DoD’s new 2025 Intellectual Property Guidebook for Acquisition, released in May 2025, underscores that managing IP—especially trade secrets and data rights—is now a critical part of contract performance. Here’s how small manufacturers ca

panagos kennedy
Aug 5, 20253 min read


How to Prepare Your Online Retail Business for Acquisition
Whether you're aiming to sell to a strategic buyer, a private equity firm, or one of the many e-commerce aggregators active in the market, positioning your business for acquisition takes planning, preparation, and insight into what buyers actually value. Here’s a practical guide to help you increase your appeal, streamline the due diligence process, and maximize your valuation when the time comes to sell. Get Your Financial House in Order No matter how compelling your brand

panagos kennedy
Jul 24, 20254 min read


Doing Business in Europe Involving Personal Data? Comply with the GDPR
Does Your U.S. Startup Need to Comply with GDPR? For many U.S. startups, international growth is part of the business plan from day one. But expanding your reach—especially into Europe—comes with legal obligations, including compliance with the General Data Protection Regulation (GDPR). Understanding your obligations now can help avoid costly penalties and build customer trust later. What Is the GDPR? The General Data Protection Regulation (GDPR) is the European Union’s compr

panagos kennedy
Jun 26, 20253 min read


Choosing the Right Corporate Form: A Michigan Entrepreneur’s Guide
Starting a business in Michigan? One of your most important first steps is choosing the right legal structure. This decision affects everything from how you're taxed to how much personal risk you take on. While no one-size-fits-all answer exists, some corporate forms offer clear advantages for most entrepreneurs. Below is a breakdown of Michigan’s most common business structures. The list is ordered from most advisable to least advisable for typical startups and small busine

panagos kennedy
Jun 22, 20253 min read


Include Attorneys In Key Business Teams
In a highly regulated business landscape, counseling from a business attorney is indispensable to executives. Effective business counseling makes use of laws and regulations to drive clients toward their goals on a legal pathway, fostering sustainable growth in the marketplace. Strategic Business Counseling Strategic business counseling from attorneys combines legal experience with a deep understanding of business dynamics to offer tailored solutions. Here’s what it involves:

Panagos Kennedy
Feb 13, 20251 min read
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