IP Licenses In Bankruptcy
January 31, 2015
When a licensor hits the skids, a licensee's two primary concerns should include: 1) whether the protections afforded by Bankruptcy Code section 365(n) are available if the debtor-licensor rejects the license; and 2) protecting its rights if the debtor-licensor seeks to sell the intellectual property. .
Court of Appeals Authorizes Class Action to Recover Rent Overcharges
January 31, 2015
Does Rent Stabilization Law section 26-516, which entitles tenants to treble damages for most rent overcharges, constitute a "penalty" within the meaning of CPLR 901(b)? The Court of Appeals recently addressed that question.
Why Social Media Should Not Be Ignored
January 31, 2015
At the annual Equipment Leasing and Finance Association's (ELFA) Convention this past October, the social media panel discussion was surprisingly well attended. Such interest was unexpected because there are many industry executives who still don't see the value of including social media in their business communications mix. But, they should not ignore it, and this article will explain why.
Recent NLRB Actions Force Employers to Change Established Policies and Practices
January 31, 2015
This article highlights recent NLRB decisions and actions that have broadened the scope of employees' rights under Section 7 of the National Labor Relations Act (NLRA), summarizes the December 2014 final rule changing the representation election process, and provides an update on the court decisions in the <I>Noel Canning</I> case, which cast doubt on some recent NLRB actions.
Top 10 International Employment Law Issues
January 31, 2015
This article compiles and describes, with varying degrees of specificity, what appear, to this author, to be the top 10 global employment law issues facing employers in 2015. They are listed in reverse order.
<b><i>Sales Speak:</i></b> Asking for Business
January 31, 2015
Given the reality that law schools, for the most part, do not adequately prepare lawyers to engage in the business of law (including sales), it is no wonder why the fear of directly asking for new business is an obstacle for many lawyers.
<i> 'Momentive'</i> Provides a Reminder About Intercreditor Agreements
January 31, 2015
The growth in mezzanine and junior financing has spawned a rise in litigation over lien intercreditor agreements ' agreements between creditors that govern their relative rights and remedies with respect to shared collateral.
Will the Supreme Court Remove <i>Brulotte</i>'s Shadow Over Patent Licensing?
January 31, 2015
Part One, last month, set the stage for a possible overruling by the U.S. Supreme Court of its 1964 ruling in <i>Brulotte v. Thys Co.</i> that the collection of royalties after a patent's expiration constitutes per se patent misuse by looking at the case's critics and its impact on licensing over the last 50 years. In Part Two, the authors continue that discussion and look at the arguments made to the Supreme Court for and against overruling the case.
Med Mal News
January 31, 2015
Information involving the California High Court, which is considering the legality of a cap on non-economic damages.
Eliminating eDiscovery Redundancy
January 31, 2015
In-house and external legal teams are grappling with the collection, processing and review of ever-growing data volumes, and costs that increase in parallel. Most participants also expected a continued upward trend in e-discovery data volume over the next few years.
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