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In the Courts
Utility Company Convicted for Regulatory Violations Based on Corporate Collective Knowledge
On Aug. 9, 2016, Pacific Gas & Electric Co. (PG&E), a California corporation that provides natural gas and electric services, was convicted of five counts of violating the federal Pipeline Safety Act (PSA), along with one count of obstructing an investigation by the National Transportation Safety Board (NTSB), in connection with a high-profile 2010 pipe explosion near San Francisco. United States v. Pac. Gas & Elec. Co., 2016 BL 240175, No. 3:14-cr-00175 (N.D. Cal., Aug. 9, 2016) (Jury Verdict) (PG&E). The conviction is significant because the government relied on a “collective knowledge” theory to pursue corporate criminal liability for “willful” violations of federal regulations, without establishing the “guilty mind” of any particular employee.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."