Commercial Law

  • M&A Litigation in Delaware

    Long accepted in Delaware (and in courts throughout the country), "disclosure-only" settlements were common in lawsuits brought by stockholders of a corporation sold in an M&A transaction. These lawsuits alleged that directors of the seller breached their fiduciary duties in connection with the sale price and process, and through allegedly deficient proxy materials provided to stockholders in connection with their vote on the deal. In disclosure-only settlements, the seller would agree to provide additional disclosures in advance of the stockholder vote on the transaction.

    April 01, 2016Brian M. Lutz and Vivek Gopalan

  • Counsel Concerns

    Bankruptcy Examiner Issues Report on Interest Conflicts of Caesars' Lawyers

    April 01, 2016Julie Triedman

  • EU Trademark Reform Is Now In Effect

    After a long gestation, the EU trademark package entered force on March 23, 2016. It's intended to streamline the trademark application process and will be the largest reform to EU trademark law in 20 years. Here's a summary of the major revisions the entertainment industry should be aware for dealing with any trademark issues in Europe.

    April 01, 2016B'atrice Martinet

  • Equity Crowdfunding

    There has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).

    April 01, 2016David H. Freeman and Jonathan Friedland

  • The Coming Tsunami in the Legal Profession

    There have been four waves of change over the last 50 years. We are now entering the fifth wave and this one will be a tsunami. The lawyers who do not recognize the trends will not be able to enter a new era and survive. The fifth wave will turn partnership leverage, compensation systems and the business model upside down. There is not much time to make the incremental changes that will support sustained profitability in law firms.

    April 01, 2016William C. Cobb

  • IP News

    Federal Circuit Holds Two of Apple's Five Asserted Patents Invalid, Three More Not Infringed

    April 01, 2016Howard J. Shire and Daniel Shea

  • Mobile Medical Apps and Product Liability

    As mobile medical apps become central to medical care, litigation is inevitable. A threshold issue in such litigation is likely to be whether or not a mobile app is, in the first instance, subject to FDA regulation.

    April 01, 2016Beth S. Rose

  • Copyright Act Preempts Players' Publicity Rights for NFL Films

    Twenty-three professional football players brought a class action lawsuit against the NFL, claiming that films produced by NFL Films violated their state rights of publicity and constituted false endorsement under '43(a) of the Lanham Act. Twenty of those players settled with the NFL. However, the other three players elected to pursue their suit.

    April 01, 2016Judith L. Grubner