The Financial Impact Of IP Issues in M&A
December 31, 2014
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.
<b><i>At the Intersection:</i></b> Making Your Net Work
December 31, 2014
Those who gauge networking success by the sheer number of contacts they can cultivate digitally need to get this through their heads: You are not "networked" unless you make your net work, which is to say, unless you work your net.
Internet Changes Medication Sales Regulations
December 31, 2014
Internet use has changed the way medication purchases are regulated, due in part to patients' free access to information related to pharmaceutical products and medical care. Consequently, pharmaceutical manufacturers sponsor Internet links to promote direct-to-consumer (DTC) advertising via the Internet, with sales sites one click away.
Are Franchisors 'Employers'?
December 31, 2014
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?
Balancing the Equities in Municipal Bankruptcies
December 31, 2014
When it comes to explaining what has prompted the incidence of financial distress being experienced by an increasing number of our nation's cities, perhaps the most persistent and significant cause is a troubled city's obligations to fund substantial pensions for its employees, both retired as well as its active work force.
The Territorial Barrier To Commodity Exchange Act Suits
December 31, 2014
While judicial ink has long been spilled on the extraterritoriality of the securities laws, growing attention is being paid to the overseas reach of the antifraud provisions of the Commodity Exchange Act (CEA).
Sequenced Discovery in Mass Tort Litigation
December 31, 2014
This article focuses on sequenced discovery ' an underutilized tool that permits courts to focus initial discovery on general causation. Sequenced discovery front-loads the issue of general causation and prevents plaintiffs from dragging out litigation without having been put to the test of proving that the product at issue can cause the alleged injury.
Second Circuit Arguments in Google Books Case
December 31, 2014
Recently at the U.S. Court of Appeals for the Second Circuit, a lower court ruling that Google Books' digital library isn't copyright infringement came under attack.
In the Courts
December 31, 2014
In-depth discussion of a case in which investors won a Madoff 'fictitious profits' appeal.