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August 2022

Welcome

Welcome to readers of Making the Connection!

In this issue, you will find:

In Focus : What can we learn about family business conflict from House of Gucci?
Question of the Month, distinguishing between assumed names and trademarks
Case on Point, discussing the confirmation of an arbitration award
At the Podium, listing my speaking engagements and public appearances
Client Corner, spotlighting client events and announcements

In Focus

What an we learn about family business conflict from House of Gucci?

On a recent trans-Atlantic flight, I had the pleasure of watching Lady Gaga chew the scenery in House of Gucci. Lady Gaga plays Patrizia, a woman of modest means who marries into the Gucci family. The Gucci business is struggling, with disinterested or untalented family members in key positions. Patrizia sees that difficult personnel and strategic decisions must be made for the business to be turned around. She begins interfering in the company's operations and schemes to obtain control. When her husband repudiates her efforts, she ultimately has him killed.

While family business disputes do not usually lead to murder, they can lead to persistent conflict and alienation among family members. Often, family members such as Patrizia may not be employees or owners and have any legal right to participate in business decisions, Nevertheless, as a practical matter, they have a financial interest in the business' fortunes. Moreover, as outsiders, their perspective may not be as influenced by family loyalties, and they may have a more objective and realistic view of the situation. When mediators are retained to assist families in such situations, one of the first issues for consideration is who should be included in the process.

Question of the Month

Q: What is the difference between an assumed name and a trademark?

A: An assumed name is a word or phrase that a corporation or other business entity chooses to use in lieu of its legal name. Companies must file certificates of assumed name in the counties or states where they are used to inform other parties of the true entity they are dealing with. A trademark is a word, phrase or symbol used by a person or company to designate the source of a good or service. A company may use its assumed name as a trademark, and may, but need not register its trademarks.

Case On Point

Generali Espana de Seguros y Reaseguros, S.A. v. Speedier Shipping, Inc.

(U.S. Dist. Ct. for the E.D.N.Y. 2022)

Plaintiff petitioned to confirm an arbitration award against defendant. Defendant opposed the petition on the grounds it did not sign the original contract containing the arbitration clause, and also did not appear in the arbitration proceeding. The court rejected defendant's contentions, and confirmed the award, finding:

the contract was signed on defendant's behalf by another party to the contract which had an ongoing relationship with defendant;
defendant never contended in the arbitration that it was not bound by the contract; and
defendant was represented in the arbitration proceeding by counsel for the party which signed on its behalf, again without defendant objecting.

At the Podium

This is a listing of speaking engagements, workshops, events and other public appearances. At the Podium events are listed on the calendar page of my website. A listing of available presentations and workshops is also posted. To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.

On July 26, 2022, I spoke at a Moving on with Moxxie workshop on how career transitioners can identify appropriate new opportunities.
I will speak on Using Mediation to Navigate Family Business Disputes at the Association for Conflict Resolution Annual Conference in Orlando from 9:00 a.m. to 10:30 a.m. on September 16, 2022. Visit acrnet.org for information and registration.

Client Corner

Client Corner features client announcements and events of potential interest to readers. Some Client Corner events are also listed on the calendar page of my website.

Moxxie Network will host a Summer Social & Accessory Exchange on Thursday, August 4, 2022 from noon to 2:00 p.m. at Enclore Luxury Living in Jericho. Visit moxxienetwork.com for information.
Congratulations to William Bonomo on his purchase of an Allstate Insurance Agency in Freeport, New York.

80 Orville Drive, Suite 100 | Bohemia, NY 11716

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