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

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

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

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

As companies grow beyond their national borders, the complexity of managing an international intellectual property (IP) portfolio increases exponentially. Whether you’re handling patents, trademarks, or copyrights, one key to success lies in building and maintaining strong working relationships with overseas counsel. At Panagos Kennedy, we’ve found that the quality of these relationships often determines whether a global IP strategy is efficient, timely, and defensible—or inc

Patent eligibility law under § 101 remains foggy on its clearest day. But a rejection of your patent claims under § 101 isn’t necessarily the end of the road. With the right legal and technical strategy, you can improve your chances of overcoming it. Understand the Patent Eligibility Legal Framework The USPTO follows a two-part test for eligibility: Step 1: Is the claim directed to a statutory category (e.g., a process or machine)? → Most claims pass. Step 2A (Prong One): Is

You’ve worked hard and invested real money to build your brand. Then one day you open your browser or walk down the aisle at a trade show...

Defense contractors modifying commercial products to meet specific U.S. military requirements face challenges preserving the product’s classification as a “commercial item” under FAR 2.101—especially when the modified version is purchased only by NAVAIR (Naval Air Systems Command) and the U.S. Air Force (USAF). Here's a strategy to meet the challenge. Why Commercial Item Classification Matters The benefits of retaining commercial item status are substantial: FAR Part 12 strea

Selling to the Department of Defense can be more efficient—and more profitable—when your product qualifies as a "commercial item" under the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). For both prime contractors and sub contractors, this designation offers powerful benefits. Benefits of Commercial Item Status for DoD Contracts Streamlined procurement under FAR Part 12, including the use of commercial terms. Relief fro

In the rapidly evolving world of generative AI, software developers are grappling with a new and complex challenge: how open source licensing interacts with AI-generated code. While open source software has long been the bedrock of modern development, the integration of generative AI tools introduces fresh uncertainties and potential risks. Understanding the nuances of this intersection is essential for anyone creating, distributing, or incorporating generative code into open

If your company needs help with protecting its “crown jewel” technology, you probably already know that patents are important. What you might not fully understand is the patent process, your role in it, and how patent attorneys can assist. Know the Steps Identifying Innovations. You are best positioned work with your engineers and other innovators to help them identify when they have developed an innovation they believe is new and different from existing methods and device.

The role of patent attorneys has morphed into that of a technically competent legal and business advisor. It is not enough to wear one hat. Patent Attorneys Must Be Business Advisors A patent attorney who sits in a home office filing applications on demand does little for the business. That’s not the role. Effective patent attorneys must understand where your business is headed, what the “crown jewel” technologies of the company are, and what the competition is doing. This re

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:

You know how to handle the substance of your complex federal litigation matters. But your client has been sued or wants to sue another in federal court in the Eastern District of Michigan or the Western District of Michigan. The local rules require local counsel, and do not permit pro hac vice admission. Expectations Anyone can act as a maildrop. When you are selecting local counsel for your extended team, you may seek attorneys who can provide more value. Such value can come

Your brands distinguish your company from the competition. They are a symbol of your quality and reputation in the marketplace. That’s why they are important. Your most valuable brands can be protected by state, federal, and foreign trademarks. When someone knocks off your marks with inferior products, they harm your reputation and dilute your brand. They cause confusion as to the source of goods and services. That’s when it’s time to enforce. Trademark Enforcement Strategy

In a competitive business landscape, protecting your company's assets and intellectual property is paramount. Non-Compete Agreements remain a useful tool in this endeavor. The Federal Trade Commission (FTC) issued a rule that has been publicized as banning non-competes. Litigation ensued. A Texas court found that the FTC exceeded its authority and blocked the rule. The FTC has appealed, and its brief is due in early 2025. There is no Final Word at the moment. So what are yo

Understanding complex business contracts is critical for any company to ensure their operations run smoothly and avoid disruptions in the supply chain. Business contracts define the responsibilities, rights, and remedies available to all parties involved. Here’s why understanding the details is important: Risk Mitigation: Properly drafted contracts help mitigate risks by clearly outlining the scope of work, delivery timelines, payment terms, and dispute resolution mechanisms.

Operating agreements serve as the backbone of limited liability companies (LLCs), defining the structure and operation of the business. Well drafted, comprehensive operating agreements protect your business interests and prevent future disputes. The Importance of an Operating Agreement Operating Agreements are crucial for several reasons: Legal Protection: They provide a clear structure for your business, which is essential for legal protection and internal governance. Confli

In today's fast-paced digital world, safeguarding your company’s confidential intellectual property (IP) from unauthorized disclosure is crucial. NDAs Matter in the Digital Age More Than Ever Solid non-disclosure agreements (NDAs) are useful to tech companies because: Digitally-Stored Data Is Easy to Trasmit: Contractors, vendors, and other third parties who have legitimate access to IP may eventually turn on you and become hostile. If they copied confidential IP on a thumb

For start-up companies such as university spin-offs, medical device patents are crucial to grow the business to, for example, become an attractive target for acquisition. Here’s why patents matter in this industry: Investors Often Require Patents: Strong IP protection reassures potential investors and stakeholders of the value of your innovation and the ability to stop copyists from making your identical device and undercutting you on price. Patents Bring Market Exclusivity