Klemchuk LLP Newsletter - 3Q 2019

As Klemchuk LLP celebrates the law firm’s Ten-Year Anniversary, we invite you to discover more about each article and topic on our redesigned website.


Is Licking a Blue Bell Tub Worth the Risk of Jail?

A video of someone licking a tub of Blue Bell ice cream and returning it to a store shelf soon went viral. Beware the legal consequences of intentionally tampering with a consumer product, knowing that the consumer product will be offered for sale to the public or as a gift to another. Read the article here.

Why are the Best Tacos in Dallas Served in Gas Stations?

There is a direct relationship between a taco’s taste and the number of frills offered at a restaurant. Generally speaking - the fewer niceties offered, the more delicious the tacos. If you believe this basic logic, you’ll have no trouble buying into the concept that Dallas’ best tacos are served at gas stations. Read more here.

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Houston Independent School District Ordered to Pay $9.2 Million in Copyright Infringement Case

DynaStudy, Inc. wins verdict of $9.2 million against Houston Independent School District (HISD) for copyright infringement and violations of the Digital Millennium Copyright Act (“DMCA”). Importantly, particularly in the context of educational publishing, this case confirms longstanding law that not all educational use is fair use.

“After years of litigation, we are thrilled with the trial results for our client DynaStudy, Inc.,” said Managing Partner Darin M. Klemchuk. “We are also very proud of how the whole team performed at trial.”

Read the full story here.

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Aggression Detectors: Sacrificing Public Privacy Expectations for Public Safety?

Tech companies and leaders in audio monitoring systems have created aggression detector surveillance technology systems as an alternative to typical video monitoring, to monitor auditory interactions between people and perceive when a conversation is escalating to potential violence, triggering an alert.

Critics of the evolving aggression detection surveillance technology point to First Amendment implications, invasion of privacy, and the forced change in expectations of privacy in public spaces having private conversations. Proponents utilizing the aggression detectors indicate a willingness to be proactive with technology in an effort to deter and mitigate violent outbreaks, even at the cost of privacy concerns.

Read the full article here.

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Texas Patent Rules Southern District: Local Patent Rules & Checklist

In patent infringement cases, managing a case per local rules and corresponding time frames is important to a successful resolution. Our Texas Patent Rules Southern District checklist illustrates the information needed for cases filed in Texas' Southern District.

See the full checklist, and all the rules, summaries, and resources, here.

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Thank you for participating in Carry the Load 2019 with us. The Memorial May events raised over $2 million this year, and will help to provide a continuum of care for Military, Veterans, First Responders and their families.

COO Chelsea Green a Panel Speaker at Power to the People Event

The event provided an opportunity to discuss how investing in people can result in increased business success. “I’m honored to have been selected to participate in the Power to the People panel discussion amongst such distinguished peers. Investing in people is something I’m passionate about, and I enjoyed sharing ideas and experiences with the others at the event,” said Chelsea Green.

Jim Chester Presents CLE on "Transferring Intangibles: Buying and Selling Technology Companies"

Chester’s talk dives deep into the unique nature of buying and selling technology, service and other knowledge-based companies. The 1-hour presentation is available on the CLE Companion website’s “On Demand Courses”.

“The speed at which new technology is being applied around the world makes the subject of Jim’s talk and its timing perfect,” said Kristin Davidson, the founder and Executive Director of CLE Companion.


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