Intellectual Property
Bite Your Tongue
Too much information on patent applications can result in a weaker patent, the author says. Drafters should be aware of the potential pitfalls and avoid saying too much.
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November/December 2009
Downturn Economics
- Managing Struggling Businesses
Brian L. Davidoff - Outsourcing in a Troubled Market
Milton B. Whitfield and Lam Nguyen - Solvency Opinions
Arthur H. Rosenbloom and Kenneth W. McGraw
Governance
Making the Transition to International Accounting Rules
International Financial Reporting Standards – the IFRS – are becoming widely accepted and are currently used in more than 100 countries, including the European Union, and may be in the offing for the United States.
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California Limits Employer's Rights to Former Employees' Inventions
A recent federal court decision has limited a California employer’s right to claim ownership of inventions by former employees. As a result, the authors write, companies need to review their employment and proprietary invention agreements.
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Arbitration in China and Hong Kong
Both China and Hong Kong have long traditions of arbitration and offer viable venues for parties choosing to arbitrate business disputes. Because of Hong Kong's legal history and the retention of its legal system following the 1998 handover to China, foreign parties view the The Hong Kong International....
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Basic Email Management Polices
The author observes that email has become the preferred medium for inter-organizational communication, largely replacing memos, voice mails and face-to-face meetings.
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Solvency Opinions
Parties – typically the buyer – that have signed M&A or other deal agreements in better times now may find they want to scuttle the agreement. Usually the most effective exit is through the “insolvency-out clause,” which provides that the buyer can walk away if the target becomes insolvent.
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Three Litigation Management Strategies
Preparing documents for litigation is the fastest growing legal expense
in corporate America, and about one-half of what is being spent is wasteful, according to the authors. A recent survey found serious concern that the cost of discovery as opposed to the merit of cases is forcing settlements.
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Acquiring Companies in Bankruptcy
Acquiring companies in bankruptcy through a Section 363 sale presents strategic buyers with some key advantages. They can purchase selected assets and cherry pick beneficial contracts.
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Know Your Termination Rights
Commercial contracts often contain provisions that give each party the right to terminate the agreement if the other party becomes insolvent or subject to bankruptcy proceedings.
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The False Marketing Troll Emerges
Companies with a large number of patents often mark products in ways that are arguably misleading. Sometimes a product was covered by a listed patent but the patent expired, or the statement says that the product “may be covered by one or more of the following patents,”
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Ten Ways to Avoid IP License Traps
Before closing a deal for the acquisition of critical intellectual property rights, do everything possible to minimize the chance of future problems pertaining to those rights, the authors suggest.
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Protect Your IP Licensing Agreement
Bankruptcy can cause significant harm to companies whose business relies on licensed intellectual property. Unlike replaceable suppliers, intellectual property licensors provide a unique asset.
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Politcal Campaigns Put Copyright Basics in the Spotlight
The author says that two recent cases in the political arena raise fundamental copyright issues. First, musician Jackson Browne brought an action against John McCain and the Republican party for the unauthorized use of Browne’s “Running on Empty.” That case has been settled.
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