Intellectual Property Matters and Trademark Attorney
Notable Attorneys
If needed, The Firm's Intellectual Property Practice will litigate intellectual property disputes, along with creating and executingplans for the creation of new intellectual properties.
When it comes to everything from transactions and disputes about copywright to counseling about trade secret, trademark, and various intellectual property issues, The Firm is knowledgeable.
Much of our intellectual property practice is involved with protecting, securing, and managing our clients intellectual property. In addition, we also structure, implement, and develop agreements in order to boost the value of our client's intellectual property.
To augment the value of your intellectual property, our Firm can help you secure and manage trademarks and trademark licensing. In addition to that, we will help you protect your trademark as well. All over the United States we are known for guarding and enforcing trademarks with enforcement actions in Federal and State courts, as well as the Trademark Trial and Appeal Board.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.