Cunningham Swaim, LLP Business & Aviation Law Firm | Dallas, TX , Pasadena, CA & Denver, CO, TX & Pasadena, CA 2026-07-16T12:43:58Z https://www.cunninghamswaim.com/feed/atom/ WordPress On Behalf of Cunningham Swaim, LLP <![CDATA[Trademark infringement can damage a successful brand]]> https://www.cunninghamswaim.com/?p=48226 2026-07-16T12:43:58Z 2026-07-16T12:43:58Z Consumers may not know the difference The main issue with trademark infringement is how consumers might judge because of trademark infringement. Those who buy knock-off products or receive cut-rate services from a company imitating a successful business may blame the successful company for the conduct of the unethical competitor. In some cases, consumers may contact a company requesting refunds or replacement products. They may leave negative reviews online. They may even make returns to retailers, who may reduce their orders from a successful brand or may stop carrying their products. Companies can take legal action in response to knock-off products or packaging that uses their trademark without permission. Trademark litigation may lead to an injunction preventing additional infringement or awarding the affected company damages for the harm caused. Documenting trademark infringement and acting promptly to address it can limit the likelihood of an outside company permanently damaging a brand's reputation. An attorney familiar with intellectual property registration and enforcement actions can help businesses limit the damage caused by trademark infringement and other violations of their intellectual property rights.]]> On Behalf of Cunningham Swaim, LLP <![CDATA[When to seek emergency injunctive relief in a business dispute]]> https://www.cunninghamswaim.com/?p=48225 2026-07-10T12:27:20Z 2026-07-10T12:27:20Z What qualifies as irreparable harm? Irreparable harm means the damage goes beyond what any monetary judgment can address. If a court can quantify your losses and award them at trial, most courts will deny emergency relief regardless of how serious the misconduct was. Your case is strongest when the harm is actively compounding and impossible to measure fully:
  • Your competitive position is eroding in ways no damage calculation can capture.
  • Your trade secrets are already exposed and cannot be recalled.
  • A critical business relationship is being permanently destroyed.
  • Your brand is taking reputational damage by the day.
One important caveat: if your dispute involves IP, a violation alone may not be enough. Courts increasingly require concrete evidence of harm before granting emergency relief.

When should you move for emergency relief?

You should move for emergency relief when waiting will cost you more than the lawsuit itself. These are the situations where courts are most likely to grant it:
  • A departing executive took your confidential data or proprietary processes to a competitor
  • A former partner is diverting business opportunities or assets in breach of fiduciary duties
  • Ongoing IP infringement is actively eroding your market position
  • A non-compete or non-solicitation agreement is being violated and your client relationships are at risk
Recognizing your situation in this list is only the first step. What you do in the hours and days that follow will define your legal position.

Why does timing matter?

Courts treat unexplained delay as direct evidence that the harm is not truly irreparable. If you discovered the misconduct weeks ago and are only filing now, expect that gap to be the first thing the other side raises. Courts have denied TROs on delay grounds alone, even when the underlying claim was strong. The window to act is short. The moment you suspect something is wrong, that is also the moment to start building your legal position. Seeking legal guidance early can help you understand your options before the window closes.]]> On Behalf of Cunningham Swaim, LLP <![CDATA[Are helicopters more dangerous than planes?]]> https://www.cunninghamswaim.com/?p=48224 2026-07-02T13:45:53Z 2026-07-07T13:45:25Z For the average person, plane flights are certainly more common than helicopter flights. Many people have flown on airliners multiple times, for example, even if they have never been in a helicopter in their lives. This may contribute to the perception that helicopters are more dangerous, simply because people do not have as much experience with them. But there is also a statistical correlation. The crash rate for helicopters is generally higher than that for airplanes, per the Federal Aviation Administration. Even among airplane accidents, small aircraft go down more often than large airliners, so helicopter crashes are certainly more common than commercial plane accidents. Helicopters have been getting safer, but some level of risk remains. 

The role of pilot error

One thing that people point out about helicopter crashes, though, is that many of them are attributed to pilot error. For instance, a pilot may misread the weather conditions and operate their aircraft in a way that is unsafe, further increasing the accident risk. A related issue is that operating a helicopter often requires intense concentration for an extended period of time. Once a plane has taken off and reached cruising altitude, for example, pilots may even be able to use autopilot or other automated features. In a helicopter, by contrast, the pilot is always in control of the aircraft, so this long-term concentration is critical. A lapse could cause a helicopter accident. Aviation accidents can certainly be complex, especially when dealing with insurance companies and regulating government bodies, like the FAA. It can help to work with an experienced attorney while navigating this system.  ]]> On Behalf of Cunningham Swaim, LLP <![CDATA[Does an appeal usually lead to a new trial?]]> https://www.cunninghamswaim.com/?p=48220 2026-06-04T11:57:54Z 2026-06-01T17:52:35Z Appeals are not the same as trials An appeal is a judicial review by a higher court. The party appealing a lower court ruling generally needs to provide a basis for the appeal, such as a mistake in the interpretation of the law or deviations from best practices during court proceedings. The appellate courts consider whether a lower court may have made mistakes when interpreting the law. They can also rule on violations of court standards, such as claims that jurors or a judge came into the trial with a pre-existing bias or conflict of interest that they failed to disclose. The appeals process may result in a judge reversing the decision of a lower court or returning the matter to the lower court to reconsider after providing context and legal guidance for that new determination. Occasionally, appeals may lead to the courts determining that a new trial is appropriate, but there is no guarantee of a new trial even if an appeal is successful. Understanding the appellate process can be beneficial for those frustrated by the outcome of civil litigation. Working with an attorney familiar with appellate law can help business leaders, professionals and others understand their rights when they believe that the outcome of a civil case was inappropriate.]]> On Behalf of Cunningham Swaim, LLP <![CDATA[Are aviation accidents getting more common?]]> https://www.cunninghamswaim.com/?p=48219 2026-05-22T12:49:12Z 2026-05-22T12:49:12Z Aviation is commonly referred to as one of the safest ways to travel. On a grand scale, that is certainly still true. There are far more risks for those who are simply driving their personal vehicles than for those who are flying on planes. That being said, some reports do indicate that aviation accidents hit a seven-year high in 2025. Researchers who looked at fatality totals for the year pointed out that there were only 404 fatalities in 2024, as opposed to 548 in 2025. That being said, some argue that these statistics are skewed because there was one major aviation incident involving a wide-body aircraft. This dramatically increased the fatality total, even though it was only a single aviation accident.

Most incidents involve small craft

This also helps explain one of the key facts about aviation accidents, which is that most of them do not involve commercial airliners. It is generally smaller aircraft that are involved in these accidents, such as helicopters, private planes or personal aircraft. These accidents also happen for a wide variety of reasons. Some are attributed to pilot error, others happen due to weather conditions and still others occur because of malfunctions or defective parts on the aircraft. Maintenance and upkeep issues could also cause problems, especially if an aircraft has been neglected for a significant amount of time.

Addressing aviation accident issues

For helicopter and fixed-wing aircraft manufacturers, along with aviation operators, it is important to know how to address claims of negligence or other contributions to aviation accidents. While aviation still remains far safer than almost every other mode of travel, accidents can happen, and parties need to understand their potential liability and legal options.  ]]> On Behalf of Cunningham Swaim, LLP <![CDATA[What if a vendor steals your business playbook?]]> https://www.cunninghamswaim.com/?p=48217 2026-05-21T12:29:04Z 2026-05-21T12:29:04Z Not every business idea is a trade secret A business “playbook” may include several kinds of information. Some details may qualify as trade secrets. Others may fall under a nondisclosure agreement, vendor contract or general unfair competition claim. A trade secret generally involves information that has economic value because others do not know it, and the business took reasonable steps to keep it secret. Federal law defines trade secrets broadly to include several forms of business, technical, financial and economic information, including formulas, patterns, programs, methods, techniques and processes. That last part matters. A company that shares sensitive information freely, skips written confidentiality terms or lets too many people access key files may face a harder fight later. Strong claims often depend on both the value of the information and the company’s efforts to protect it.

Warning signs and evidence collection

Suspicion alone rarely carries a commercial dispute. A business needs facts that connect the vendor’s access to the later misuse. Useful evidence for a legal claim may include:
  • Signed nondisclosure agreements or vendor contracts
  • File access logs and download history
  • Emails, shared folders and project management records
  • Customer confusion or lost account records
  • Similar product language, pricing or technical materials
  • The timeline between access and the competing activity
A fast response can help preserve records before systems change, employees leave or files disappear. It can also reduce the risk of making unsupported accusations that weaken the company’s position.

The remedy depends on the harm

Some disputes call for a demand letter. Others may require emergency court action, although ex parte seizure orders under the DTSA are reserved for extraordinary circumstances. In cases involving willful and malicious misappropriation, the business may also seek damages tied to lost accounts, unjust enrichment, exemplary damages or attorney’s fees. Vendor disputes often overlap with intellectual property litigation, contract claims and trade secret litigation. The strongest approach usually starts with a clear inventory of what the vendor had, what they promised not to do and what changed after the relationship ended.

Protect the business before the next vendor

A stolen playbook dispute often reveals weak spots in the company’s own process. Contracts, access controls, employee training and offboarding procedures can matter as much as the lawsuit itself. When a vendor relationship starts to look suspicious, the goal is not to react loudly. It is to secure the proof, understand the legal theory and move before confidential information spreads too far.]]> On Behalf of Cunningham Swaim, LLP <![CDATA[What is a breach of fiduciary duty?]]> https://www.cunninghamswaim.com/?p=48215 2026-05-08T14:29:11Z 2026-05-08T14:28:43Z In terms of business litigation, a breach of fiduciary duty can happen when someone has an obligation to act in the best interests of a company or corporation and fails to do so. For instance, a board member may have a fiduciary duty to the shareholders of a company. An executive may have a fiduciary duty to the company itself. These individuals are expected to make decisions that are in the best interests of the business, putting the company ahead of their own personal interests. A breach occurs when they fail to do so, perhaps prioritizing their own best interests over those of the company.

Why could this lead to litigation?

Litigation sometimes occurs because the company can suffer financial harm as a result of these actions. For example, say that a financial officer at a business makes a decision that benefits them personally, but that also costs the company money or harms its reputation. Because of this action, the stock value drops and shareholders also lose money. Those who suffered damages may pursue litigation in order to seek compensation for those losses, which they claim never should have occurred if that duty was properly upheld. That is why establishing the relationship between the two parties is so important. Not everyone has a fiduciary duty to act in the best interests of another party, and only someone who does can be held liable for failing to meet that obligation. These cases can become very complex and often contentious. It is important for those involved to understand their legal options, which is why it can help to work with an experienced law firm.  ]]> On Behalf of Cunningham Swaim, LLP <![CDATA[Common intellectual property disputes between business partners]]> https://www.cunninghamswaim.com/?p=48211 2026-04-23T13:39:14Z 2026-04-23T13:39:14Z IP disputes arise quickly.

Protecting business value

Often, partners are focused on growth and opportunity at the outset of their business relationship. Therefore, IP ownership is rarely addressed in partnership agreements. Over time, disputes can emerge when:
  • The business becomes successful, and the IP increases in value.
  • One partner leaves the business or is forced out.
  • The company begins to expand into new products or markets.
  • There are disagreements about who created what or contributed to specific assets.
At the center of many partner disputes is brand identity. Questions frequently arise over who owns the business name, logo and associated goodwill. Trademarks are often registered in the name of the business. However, problems can occur if:
  • A partner registered the trademark individually before business formation.
  • The business was never formally registered.
  • Multiple related entities claim rights to the same brand.
Businesses often rely on copyrighted materials such as marketing content, web design, software code and other written materials. Disputes sometimes arise over whether an individual partner, an employee or an independent contractor created the works. Trade secrets such as proprietary processes can be another source of conflict. When partners go their separate ways, there are sometimes claims that one party is improperly using confidential business information. Partnership agreements often govern issues over IP rights. If the agreement doesn’t provide clarity, a court may need to determine ownership based on contributions, intent and applicable law. In these cases, the stakes are high. IP conflicts can disrupt operations, damage brand identity and reduce the business’s value. The right legal guidance can help a business protect its assets and maintain long-term stability in a competitive marketplace.]]> On Behalf of Cunningham Swaim, LLP <![CDATA[What is a patent re-examination?]]> https://www.cunninghamswaim.com/?p=48169 2026-04-09T11:47:46Z 2026-04-03T15:34:08Z A reexamination determines patent validity Many times, patent reexamination is an ex parte process. A third party, other than the patent holder or the USPTO, asserts that new information indicates a patent may not be valid and enforceable. Occasionally, outside parties may learn about previously unknown existing patents or other information, such as publications, that may impact the validity of a patent, which is called a new question of patentability for the purpose of reexamination. They may then petition the USPTO to review a recently granted patent that is still in effect to determine if it is, in fact, valid. The re-examination process may lead to the patent holder changing the scope of the patent or successfully defending the patent as initially granted. Reexamination can be costly and stressful, especially without experienced legal representation. Consulting with an intellectual property attorney is critical whenever there is a controversy about a patent. An attorney can assist with patent prosecution, renewal, enforcement and validation if re-examination occurs.]]> On Behalf of Cunningham Swaim, LLP <![CDATA[What happens behind the scenes after an aviation incident]]> https://www.cunninghamswaim.com/?p=48167 2026-03-26T13:32:47Z 2026-03-26T13:31:10Z When a major aviation incident makes headlines, public attention often focuses on what happened in the air. Less visible, but equally significant, are the legal and regulatory processes that begin immediately afterward. These events can trigger complex investigations involving multiple parties, each working to determine cause, responsibility and future prevention. The legal aftermath often unfolds quietly but carries long-term consequences that affect the aviation industry for years to come.

The legal process after an aviation incident

In the wake of a high-profile aviation event, federal agencies such as the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB) typically initiate detailed investigations. At the crash site, investigators prioritize securing critical evidence, including flight data and cockpit voice recorders. These devices are carefully recovered and transported to NTSB headquarters. Once obtained, investigators analyze hundreds of data points from flight recorders, along with cockpit audio, to reconstruct the sequence of events leading up to the incident. As the investigation progresses, agencies typically release a preliminary report followed by periodic updates and ultimately, a final report. Aircraft manufacturers may face heightened scrutiny during these investigations, particularly if there are concerns about design, engineering or production processes. In some cases, regulators may issue airworthiness directives or require changes to aircraft systems. These actions can have widespread implications, affecting entire fleets and prompting coordination with international aviation authorities. Corporate liability is another key component following a major aviation incident. Airlines, manufacturers and third-party contractors may all be subject to review depending on their roles. Disputes can arise over contractual obligations, compliance with safety standards and adherence to federal regulations. These matters are often addressed through administrative proceedings, regulatory enforcement actions or complex commercial litigation rather than traditional personal injury claims. For businesses operating in or alongside the aviation industry, these incidents serve as a reminder of the importance of regulatory compliance and risk management. If your business is facing aviation-related legal issues, seeking experienced legal guidance can help you better understand your options and next steps.]]>