Welcome to the DPS Legal Counsel Blog
2 Things to Remember When Selling Your Practice and Transferring Medical Records
5 Things that Tennessee Doctors Need to Know about Covenants Not to Compete
How can a medical practice tweak its employment contracts with its physicians to make sure they fulfill their post-employment obligations?
Group medical practices should take care to make sure that their employment agreements with their employed physicians take into account how to enforce post-contract obligations. For example, once an...
What is an intent to use trademark application and can it benefit your branding strategy?
What is a no-reliance or “big boy” clause, do you want one in your contract, and is it enforceable in Tennessee?
Can a multi-specialty medical practice provide bonus compensation to its employed physicians based on a percentage of the net profits received from the practice’s ambulatory surgery center attributable to the services provided by the physicians?
What the recent Purple Rain case from the USPTO’s Trademark Trial and Appeal Board can teach business entrepreneurs about trademarks
What Tennessee physicians need to know about restrictive covenants not to compete
What happens to an LLC when one of the members dies?
Why Every Medical Practice Should Have Written Employment Agreements with Their Office Staff
Hi, this is Dan Smith of DPS Legal Counsel. Welcome to today's podcast of Legal Scrubs. Today's question that I want to address is why every single independent medical practice, whether it's a big one or a small one, why every single medical practice should have...
Physicians and Medical Practices Should Strongly Consider Federal Trademark Registration Protection
Hi, this is Dan Smith of DPS Legal Counsel. Welcome to today's podcast episode of Legal Scrubs. Today. I want to talk about why physicians and medical practices should seriously consider applying for federal trademark registration for the name of their practice, and...
Should a physician enter a business arrangement with a telemedicine company?
There are certainly a number of legitimate legitimate business arrangements that physicians can enter into with telemedicine companies. And, of course, we are all aware that many physicians have appropriately used telemedicine arrangements during the current public...
What is a letter of intent and is it binding?
A letter of intent is a foundational business document that parties often enter into at the outset of a business transaction or deal, such as the purchase and sale of a business, a real estate sale and purchase, or some other commercial transaction or deal between two...
Which Patients Does a Physician Departing a Group Medical Practice Need to Notify, What Information Should be Included in the Notice, and How is the Notice Given?
The General Rules and Regulations Governing the Practice of Medicine in Tennessee, promulgated by the Tennessee Board of Medical Examiners, provides requirements for notice to patients when a physician departs from a group medical practice. According to Rule...
Tennessee Court of Appeals – Choice of Law Provision Is NOT a Choice of Forum Provision
One of the most common "boilerplate" provisions you'll find in most contracts is a choice of law provision. For example, if you're a business owner and a vendor or other third-party presents you with a contract of some sort to sign, it's almost certain that the...
Today’s Tennessee Trademark Update
Over the days of August 28, 29, and 30, there were 39 trademark applications filed by Tennessee businesses in the United States Patent and Trademark Office (USPTO). The largest number of trademark applications were filed by Tennessee businesses in Nashville with 10 of...
Today’s Tennessee Trademark Update
Last Friday, August 27, there were 25 trademark applications filed in the United States Patent and Trademark Office by Tennessee businesses. There were a lot of different towns and cities that are represented on the list of addresses for various applicants in today's...
Today’s Tennessee Trademark Update
On Thursday, August 26, there were 30 trademark applications filed by Tennessee entrepreneurs and business owners with the United States Trademark and Patent Office. These 30 trademark applications were from businesses in the following Tennessee towns and cities:...
The Importance of Trademark Branding Strategy BEFORE Filing a Trademark Application
Today’s Tennessee Trademark Update
The most recent day showing trademark applications by Tennessee businesses on the USPTO TESS database is Wednesday, August 25. On that date, there were 16 trademark applications by Tennessee businesses. Nashville had the most of these with a total of 4 trademark...
Today’s Tennessee Trademark Update
During the period from August 21 through 23, there were 21 trademark applications filed in the USPTO by Tennessee businesses. Here's the breakdown of where those Tennessee businesses are located: Nashville 6 Memphis 6 Brentwood 3 Chattanooga 2 Millington 1 Mount...
Two Key Points to Negotiate in a Physician Employment Agreement
How Many Years of Nonfiled Tax Returns Need to be Filed?
Hi, this is Dan Smith of DPS Legal Counsel. Welcome to today's podcast on The Tax Counsel Podcast where I discuss issues involving taxes and how they impact the operation of small businesses and self-employed individuals. Today, I want to talk about non-filed tax...
Today’s Tennessee Trademark Update
On August 19, there were a total of 19 trademark applications filed in the USPTO by Tennessee applicants. Here's the breakdown by where those applicants are: Nashville is again the winner as the place of business for most applicants with a total of 4 trademark...
The DuPont Factors and the “Confusingly Similar” Analysis of Trademarks
Hi, this is Dan Smith of DPS Legal Counsel, and welcome to today's podcast episode of 21st Century Oil, where I talk about intellectual property and how it relates to entrepreneurship in the 21st century. Okay. Today I want to talk about what is commonly known as the...