The Corporate Counselor

NAFTA Renegotiation: Fourth Round

By Melissa Proctor

Difficulty Making Headway on Thorny Issues As the fourth round of the renegotiation of the North American Free Trade Agreement (NAFTA) with Canada and Mexico drew to a close on Oct.17, the parties opted to push back the starting date of the fifth round until mid-November to allow the negotiators more time to work on the most controversial issues that remain to be addressed. This article explains the issues.

Latest Features

  • The Intellectual Property Strategist

    The New Patent Venue Regime

    By Conor Tucker

    Venue in patent cases lies "in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business." Since 1990, the Federal Circuit interpreted the term "resides" coextensively with the general venue statute such that patent venue lay where the defendant was subject to personal jurisdiction. But this year, the Supreme Court greatly narrowed that definition in TC Heartland v. Kraft Foods. The Federal Circuit, in turn, interpreted the newly-relevant alternative phrase. After two decades of relaxed patent venue rules, these decisions work a seismic shift in patent litigation.

    Read More ›

  • Cybersecurity Law & Strategy

    Data Security and Data Breach Response Continue to Be a Hot Issue

    By Kevin Coy

    Lessons from 2017 Enforcement Actions and Guidance Regulators including the FTC, the Department of Health and Human Services Office of Civil Rights (OCR) — the agency responsible for enforcing the HIPAA rules for protected health information (PHI) — and state attorneys general have issued guidance and announced a number of settlements in data security cases that are instructive about measures that organizations can take to reduce the potential for a data breach or, if a breach does occur, provide appropriate notice.

    Read More ›

  • Entertainment Law & Finance

    Fantasy Sports Dispute Results in New Views On Exceptions to Rights of Publicity

    By Stan Soocher

    The big news in the fantasy sports arena this past summer was the announcement that competitors FanDuel and DraftKings, which make up more than 90% of the online market, would end their merger bid following the Federal Trade Commission's filing of an antitrust lawsuit against the companies. Now, there's good news for FanDuel and DraftKings on a different front, involving the use of athletes' personality components.

    Read More ›

  • Business Crimes Bulletin

    New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies

    By Robert J. Anello and Christina Lee

    As the adoption of cryptocurrencies spreads throughout the business and financial sectors, so too do the concerns that lack of regulation render the new-age currency susceptible to fraud, manipulation, and to being used as a vehicle for money laundering. Nevertheless, recent efforts by U.S. enforcement agencies to apply and enforce financial regulations mean greater scrutiny than ever before.

    Read More ›

  • The Bankruptcy Strategist

    Retail Restructuring

    By Adam C. Rogoff, Erica D. Klein and Marsha Sukach

    Various debt-burdened retailers are looking to their intellectual property assets as a source of untapped value for refinancing transactions. While it remains to be seen which strategies will be most successful, IP assets will play a key role in future retail restructurings.

    Read More ›