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Buyers often fail to consider the financial impact of intellectual property rights in M&A deals. While IP value can be difficult to determine, a target company's financials may rely on IP. For example, a company's financial outlook may be due to patent protection that provides exclusivity and prevents competitors from entering certain markets. It also may be due to goodwill associated with trademark protection, allowing a brand to charge a profitable premium over the competition.
Features
The midterm elections returned the Republicans to control of the Senate after an eight-year hiatus. Not surprisingly, the Republicans were elected on platforms opposing President Obama's policies. The surprise may be that the Democratic agenda may continue to prevail.
Features
In a time of increasing regulatory risk, global complexity and shareholder activism, the role of the corporate general counsel in the boardroom has never been more important. Yet, companies have been slow to recruit general counsels or seasoned attorneys to serve as independent directors.
Features
An officer or director's company exit often feels like a divorce. Companies are quick to enforce non-compete agreements and protect trade secrets as the divorce unravels, but often do not consider protection of legal communications in which the officer or director participated.
Features
Despite a surge in articles, blogs and white papers that focus on top trends in law firm business development and management, few have explored critical changes taking place within law firm management, particularly as they relate to the concept of the rainmaker.
Columns & Departments
Federal Circuit Finds Internet Method Unpatentable Under <i>Alice</i><br>Federal Circuit: No Collateral Estoppel For Similar, But Unrelated, Patent
Features
Soon after swooping in to represent Sirius XM Radio in potentially industry-shaking copyright litigation, O'Melveny & Myers suffered a nasty setback when a judge ruled that newly cited precedent trumpeted by the firm had been overruled 60 years ago.
Features
Patients who remain in an integrated Electronic Health Record (EHR) system benefit from better access to integrated medical information across specialties and locations. However, full benefits are not seen in all cases where such systems have been implemented.
Features
The franchise agreement almost always contains a clause specifying that the franchisee is an independent contractor and that the franchisor and franchisee are not intending to create an employment relationship. But a number of recent decisions from around the country have raised the question: Is a franchisee really an employee of the franchisor, despite the written disclaimer in the franchise agreement?
