Managing Security Risks During Labor Disputes
September 02, 2015
Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers, and employees.
Encroachment and Franchisee Claims of Constructive Termination
September 02, 2015
Encroachment" is a term used in the franchise industry to describe sales and revenues being transferred from one location to another because of their proximity. Litigants sometimes claim the encroachment is so extensive so as to threaten the viability of the existing location. In these instances, claims have been asserted for constructive termination because the existing location is alleged to no longer be viable. More likely, the claim for constructive termination is not viable.
<i>Versata v. SAP </i>: Definitions Are Now the Name of the Game
September 02, 2015
<i>Versata Development Group v. SAP America</i> was a closely watched case since it was the first appeal to the Federal Circuit of a Covered Business Methods review by the PTAB under Section 18 of the America Invents Act. This article addresses the court's reasoning regarding the definitions of a covered business method patent, and how that reasoning is at odds with norms of statutory construction, technological innovation, and claim drafting.
The Evolution Between Outside and Inside Counsel
September 02, 2015
In this article, we bring the views and opinions from the client's perspective into focus on issues involving pricing, service, marketing, strategy, differentiation and more.
'Why Her and Not Me?' Best Practices for Initiating and Maintaining Relationships with Reporters
September 02, 2015
Reporters are under tremendous pressure to publish their stories quickly and attract readers. That makes it even more imperative for communications professionals to make it easy for journalists to remember which of your firm's attorneys are available for comment on key issues, have something to share that is both insightful and has bottom-line impact, and are readily accessible for comments.
FATCA's Due Diligence Expansion
September 02, 2015
In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas. Although Congress' purpose and intent in passing FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant.
Online Impersonation Continues, With Varying Consequences
September 02, 2015
Online impersonation is defined in the New York Code provisions that prohibit the practice, as the act of impersonating another "under an assumed character with intent to obtain a benefit or to injure or defraud another." The foremost case brought under this law, <i>People v. Golb</i>, in many ways epitomizes the bizarre and highly esoteric reasons why someone chooses to impersonate another in the first place.