Ziliak Law

Ziliak law provides legal services for financial services firms, hedge funds, entrepreneurs, creatives, businesses, and more.

From its roots in representing individuals and entities in the trading industry, Ziliak Law has grown into a firm that provides a broad range of legal services to businesses and entrepreneurs. When hedge funds, mutual funds, commodity pool operators, and proprietary trading groups have legal questions, Ziliak Law provides solutions that reflect experience on both the legal and operational sides of

the trading industry. And when startups and entrepreneurs face challenges with forming and funding new ventures, protecting intellectual property, and navigating the day-to-day legal questions that arise while running a business, Ziliak Law’s team of attorneys, including MBAs, software developers and former big-firm attorneys, government attorneys, compliance officers and in-house counsel, deliver experienced insight. Financial Industry Practice
Many of our attorneys have worked in a variety of capacities within the financial industry. We have former traders, compliance and risk officers, and regulatory investigators in our ranks, each of whom is ready to share his or her experiences to assist our clients. We advise on relevant regulations; assist with entity formation and registration; help identify and mitigate client, compliance, financial, legal and regulatory risk; interpret law and regulation into effective policies and procedures; and manage responses to regulatory inquiries and exams. Additionally, we advocate for our clients wherever they face disputes, including state and federal court, FINRA, NFA and AAA arbitration, regulatory investigations, and hearings before exchange committees. Business & Corporate Practice
Our team of transactional attorneys and litigators is dedicated to helping our clients achieve their business goals. We advise entrepreneurs, startups and seasoned companies on a broad spectrum of business and corporate matters including entity formation, organization and qualification, joint ventures, capital structure, stock issuances, financing transactions, employment and consulting agreements, confidentiality and nondisclosure agreements, non-competes, commercial transactions, technology agreements and software licensing, and trademarks. Whether you are forming a business and need counsel on decisions that will affect your venture’s long-term viability, or seeking advice on specific business transactions or disputes, Ziliak Law is committed to helping you succeed.

04/07/2025

What do donut shops and senior living facilities have in common? Cases involving both are impacting trademark law - and it all comes down to geography.

On March 20, 2025, the United States Court of Appeals for the Fourth Circuit issued a ruling in Westmont Living, Inc. v. Retirement Unlimited Inc. et al, 3:22-cv-00811-RCY, clarifying whether courts can rely solely on the geographical locations of the parties in determining whether a likelihood of c...

12/06/2024

Who counts as a superhero? That's for you to decide, but Marvel and DC's long-standing "SUPERHERO" registrations have been canceled opening the door for others to use the term.

On September 26, 2024, the United States Trademark and Patent Office (USPTO) cancelled various trademark registrations for the SUPER HERO and SUPER HEROS (often used interchangeably) owned jointly by Marvel and DC Comics. As recently as 2022, Marvel and DC filed the declarations required to maintain...

12/04/2024

The decision sends a clear message about the protection of intellectual property in the digital age and is a significant victory for book publishers.

December 3, 2024 The Second Circuit Court’s recent ruling in Hachette Book Group, Inc. v. Internet Archive addresses significant issues regarding copyright infringement and the boundaries of the fair use defense. This decision, issued on September 4, 2024, marks a pivotal moment in the intersectio...

11/07/2024

The Second Circuit Court of Appeals has affirmed "Thinking Out Loud" does not infringe on "Let's Get It On's" copyright.

David outlines the highs and lows before cutting straight to the double bar:

November 6, 2024 Last Friday, the Second Circuit Court of Appeals affirmed the Southern District of New York’s judgment against claims brought against Ed Sheeran arising from his 2014 hit “Thinking Out Loud.” In Structured Asset Sales v. Sheeran, the Second Circuit found that Sheeran did not i...

11/06/2024

When it comes to the proper custody of crypto assets, our team members Randy and Rex advise to stay clam, treat similarly situated members of the fund the same, and stick to your established policies and procedures, particularly during chaotic events.

With the Securities and Exchange Commission’s settlement with Galois Capital Management LLC, the pressing issue of proper custody of cryptocurrency assets has again bubbled to the surface. Has this issue gained clarity? Do we still exist in the limbo of regulation by enforcement and not really kno...

07/25/2024

SCOTUS's decision to overrule Chevron will change how regulators approach issues from the environment to finance - any area where Congress has not expressly delegated interpretive authority to an executive agency is likely to see widespread change.

In holding that courts must exercise independent judgment when examining whether an agency acted within its statutory authority, the Supreme Court dealt yet another blow to the administrative state. Overruling Chevron U.S.A. Inc. v. Natural Resources Defense Council, the Court’s decision in Loper ...

06/26/2024

In a unanimous decision, held that United States Patent and Trademark Office did not violate the 1st Amendment when denying "Trump Too Small" as a registered trademark. Here's why:

The Supreme Court held last Thursday that the U.S. Patent and Trademark Office did not violate the First Amendment when the Office concluded that “Trump Too Small” could not be registered as a trademark. In a unanimous decision, the Court found that the USPTO did not discriminate based on the vi...

06/20/2024

The long-standing test for design patent obviousness has been thrown out, making it likely that more design patent applications will be rejected.

Here's what you need to know:

In a decision throwing out the long-standing test for design patent obviousness, the Federal Circuit in LKQ Corp. v. GM Global Tech. Operations LLC, (Fed. Cir. 2024) (“LKQ”) determined that the Rosen-Durling test was “improperly rigid” and that requiring an earlier design to be “basically ...

06/19/2024

Last year, the U.S. Securities and Exchange Commission proposed significant amendments to Rule 15c3-3, which are expected to take effect this year.

Here's what you need to know:

In the intricate world of financial regulations, SEC Rule 15c3-3, often referred to as the "Customer Protection Rule," plays a crucial role in safeguarding customer assets held by broker-dealers. This rule, established by the Securities and Exchange Commission (SEC), ensures that customer funds and....

05/30/2024

Is ether a security?

Software juggernaut Consensys's U.S. Securities and Exchange Commission suit asks for a formal declaration and an injunction that would shut down the SEC investigation and bar the Commission from any enforcement action.

Crypto enthusiasts cheered the surprise approval last week of spot ether exchange traded funds (ETFs) being prepared for listing on U.S. stock exchanges. It’s only the second time a cryptocurrency-backed group of ETFs has been approved by the Securities and Exchange Commission, a move some analyst...

05/28/2024

🚨 Financial Crimes Enforcement Network dictates certain corporations and LLCs registered in the US must comply with the BOI reporting requirement before 1/1/25. We'll walk you through the steps:

Pursuant to the Corporate Transparency Act of 2021, U.S. companies are now required to disclose certain Beneficial Ownership Information (BOI). While this law has been on the books for a few years now, the grace period is almost over. The Financial Crimes Enforcement Network (FinCEN) mandates that c...

05/22/2024

In Warner Chappel Music, Inc. v. Nealy, SCOTUS left as an open question the ongoing validity of the discovery rule under the Copyright Act. But copyright plaintiffs can pursue full damages in connection with timely claims:

In Warner Chappel Music, Inc. v. Nealy, the Supreme Court found that a timely filed claim for copyright infringement is not subject to an additional time limitation on monetary recovery. Rather, the Copyright Act entitles a “copyright owner possessing a timely claim for infringement…to damages, ...

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141 W Jackson Boulevard, Ste 4048
Chicago, IL
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http://www.ziliak.com/

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The attorneys at Ziliak Law care about your business. We hire attorneys who understand our clients’ industries, and we get to know your processes, your plans, your concerns – not just the law.

From its roots in the trading industry, Ziliak Law has grown into a firm that provides a broad range of legal services to businesses and entrepreneurs. Across 32 U.S. states and 28 countries (and counting!), we assist creatives in commercializing their work and protecting their intellectual property, help money managers launch funds that trade a wide range of traditional and digital assets, and support business ventures in fundraising and litigation. When our clients have legal questions, Ziliak Law provides solutions that reflect experience on both the legal and operational sides of their industries. Financial Industry Practice Many of our attorneys have worked in a variety of capacities within the financial industry. We have former traders, compliance and risk officers, and regulatory investigators in our ranks, each of whom is ready to share his or her experiences to assist our clients. We advise on relevant regulations; assist with entity formation and registration; help identify and mitigate client, compliance, financial, legal and regulatory risk; interpret law and regulation into effective policies and procedures; and manage responses to regulatory inquiries and exams. Additionally, we advocate for our clients wherever they face disputes, including state and federal court, FINRA, NFA and AAA arbitration, regulatory investigations, and hearings before exchange committees. Startups, Business & Corporate Practice Our team of transactional attorneys and litigators is dedicated to helping our clients achieve their business goals. We advise entrepreneurs, startups and seasoned companies on a broad spectrum of business and corporate matters including entity formation, organization and qualification, joint ventures, capital structure, stock issuances, financing transactions, employment and consulting agreements, confidentiality and nondisclosure agreements, non-competes, commercial transactions, technology agreements and software licensing, and trademarks. Whether you are forming a business and need counsel on decisions that will affect your venture’s long-term viability, or seeking advice on specific business transactions or disputes, Ziliak Law is committed to helping you succeed.

Intellectual Property Intellectual Property laws protect your intangible assets: patents, trademarks, copyright, trade secrets, etc. At Ziliak Law, our experienced attorneys help you build your intellectual property portfolio: turn an invention into a patent; obtain a trademark for your brand. More importantly, you can count on us to enforce your rights and defend against infringement accusations.