626
Showing 1–16 of 20 results
-
Amended trademark registration raises suspicion
June / July 2023
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: Can a trademark holder facing a cancellation proceeding avoid judgment by simply deleting goods from its registration? The Trademark Trial and Appeal Board (TTAB) recently addressed this question for the first time. This article summarizes the TTAB’s conclusion that a respondent couldn’t moot the proceeding and avoid judgment as to deleted goods by deleting certain goods subject to the cancellation without the written consent of the petitioner. Ruifei (Shenzhen) Smart Technology Co., Ltd. v. Shenzhen Chengyan Science and Technology Co, Ltd., Cancellation No. 92077931 (TTAB Jan. 12, 2023); https://ttabvue.uspto.gov/ttabvue/v?pno=92077931&pty=CAN&eno=19.
-
M&A due diligence – Buyers should exercise caution when relying on financial statements
May / June 2023
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: Comprehensive due diligence is an essential part of acquiring a business. But it can be a daunting task — especially for inexperienced buyers. This article explains how financial professionals can help evaluate historical and prospective financial statements, identify potential hidden liabilities and misrepresentations, and prepare independent forecasts and projections. This information is critical when determining the optimal offer price and deal terms.
-
M&A due diligence – Buyers should exercise caution when relying on financial statements
May / June 2023
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: Comprehensive due diligence is an essential part of acquiring a business. But it can be a daunting task — especially for inexperienced buyers. This article explains how financial professionals can help evaluate historical and prospective financial statements, identify potential hidden liabilities and misrepresentations, and prepare independent forecasts and projections. This information is critical when determining the optimal offer price and deal terms.
-
Computer Fraud and Abuse Act – “Scraping” public data probably doesn’t violate CFAA
Year End 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: The U.S. Court of Appeals for the Ninth Circuit has again determined that the automated “scraping” of an online networking platform’s publicly available data probably doesn’t violate the Computer Fraud and Abuse Act (CFAA). The U.S. Supreme Court had directed the appellate court to reconsider its earlier determination based on a subsequent high court ruling on the CFAA. But, in the end, the Ninth Circuit found that it was right all along. This article reviews the court’s determination that when a computer network generally permits public access to its data, a user’s accessing of that data likely won’t qualify as unauthorized access under the CFAA. hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783, -2038 (9th Cir. April 18, 2022).
-
Are you ready for Industry 4.0?
Summer 2021
Newsletter: Manufacturer
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: Industry 4.0 — sometimes referred to as the fourth industrial revolution — isn’t new. The term was first coined nearly 10 years ago. But the COVID-19 pandemic, by disrupting supply chains and normalizing remote work, seems to have accelerated the industry’s transformation. This brief introduction to the concept explains how it’s changing manufacturing.
-
Don’t let compensation disparities drag down your deal
Year End 2016
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: If either newly acquired or long-time employees are unhappy with the compensation decisions made during an acquisition, it could harm the critical integration process. This article provides tips on keeping key employees satisfied by tackling the compensation issue early, involving employees in compensation discussions and resolving any issues before the deal closes.
-
Spotlight on the market approach
September / October 2016
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: There are three general ways to value a business: the cost, income and market approaches. This article focuses on the market approach, comparing and contrasting two methods that fall under it: the M&A method and the guideline public company method. Both have intuitive appeal, as well as various downsides, so they’re not applicable in every valuation assignment.
-
Losing luster: Expert’s lost profits testimony fails Daubert test
Winter 2016
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: This article covers a recent case where the court rejected lost profits testimony based on the “luster effect” in a Daubert hearing. The court was skeptical of the expert’s assertion that a causal connection existed between the extraordinary value attached to a particular piece of equipment and an increase and subsequent drop in the plaintiff’s revenues.
-
The trouble with assumptions – Why experts need to support their calculations
Spring 2014
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: A financial expert’s testimony usually is based on assumptions. But the trouble with assumptions is that they’re not always supported by facts. This article examines a breach of contract suit in which the plaintiff relied on an economist to provide his loss calculations. But the court determined that he wasn’t qualified to act as a business valuation expert and that his calculations were speculative and unreliable. Wallace v. Kalniz Choksey Dental—Ralston, C.A. No. WD-12-048, July 5, 2013 (Ohio Court of Appeals, 6th Dis.)
-
Got to get back: An FMLA case
July / August 2013
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: Many employees who take leave under the Family and Medical Leave Act (FMLA) maximize their time off to rest and fully recuperate. But this article looks at a case in which the plaintiff sued his employer for not reinstating him earlier than the 12 weeks to which he was entitled. His contention was that the FMLA requires an employer to restore an employee to the position he’d held at the time FMLA leave began or to an equivalent position. The court’s decision came down to whether the plaintiff was able “to perform an essential job function” during his leave. James v. Hyatt Regency Chicago, No. 12-1511, February 13, 2013 (7th Cir.)
-
A storm is brewing over compliance duties
Winter 2012
Newsletter: Healthcare Management Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: The volume and complexity of legal restrictions on the operations of governing boards continue to grow, making it critical that hospital directors be aware of their responsibility for ensuring compliance with the law. This article lists three points that board members should focus on, and shows how members can help ensure they’re fulfilling their compliance duties. Citation: In re Caremark Int’l Inc. Derivative Litigation, 698 A.2d 959 (Del. Ch. 1996); Stone v. Ritter, 911 A.2d 362 (Del. 2006); In re Citigroup, Inc. Shareholder Derivative Litigation, 964 A.2d 106 (Del. Ch. 2009).
-
Avoid the “second class citizen” syndrome: Embrace collaboration
Year End 2011
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: At one point or another, nonfamily employees may feel like second-class citizens. To make sure everyone feels like part of the team, it may be beneficial to create a collaborative management environment. This article explains why collaboration is important and how to successfully implement it within the company.
-
Lending to or borrowing from your company the right way
November / December 2011
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: It’s not unusual for owners of closely held businesses to move money into and out of the company for various purposes, and there are significant tax advantages to characterizing these transactions as loans. But to enjoy those advantages, it’s necessary to treat advances and withdrawals as bona fide loans and document them as such. This article shows how to do so.
-
A view to a trademark – Gun manufacturer turns to 007 for help
April / May 2011
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: When a gun manufacturer filed an application for a trademark on the product configuration design of certain firearms, the trademark examiner rejected the registration on the grounds that the design wasn’t inherently distinctive — and the examiner wasn’t persuaded by the manufacturer’s argument that the handgun design had acquired distinctiveness. The manufacturer appealed to the Trademark Trial and Appeal Board (TTAB), citing evidence of distinctiveness in the public’s mind, including widespread recognition of the product’s use in the popular James Bond movies. This article looks at the TTAB’s decision. In re Carl Walther GmbH, No. 77096523, Oct. 26, 2010 (T.T.A.B.)
-
Growing up – Morphing a ma and pa shop into a professional family business
Year End 2010
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: An informal setup may work fine during a family business’s infancy, but for it to remain competitive and profitable, it must “grow up” by enhancing its operations. This article shows how a company can do so by focusing on four areas: organizational management, business processes, strategic planning and decision-making, and information technology systems.
-
Devastating consequences – How appraisers estimate damages for new or unlaunched companies
Fall 2010
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: In today’s uncertain and competitive business environment, economic damages can be particularly devastating for a new or as-yet-unlaunched company. Under such difficult circumstances, appraisers can help these “green” businesses in court by using specific valuation techniques to calculate estimated damages. This article explains how financial experts make projections and apply discounts when little or no performance data is available.