2014
Showing 97–112 of 740 results
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Is it time for a spinoff?
October / November 2014
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 610
Abstract: The current market is particularly receptive to spinoff deals, but spinning off a division or subsidiary can be a tricky process, requiring finesse during negotiations and postsale integration. As a seller, it’s important to not only get a good price for the subsidiary, but also minimize any negative impact on remaining holdings. This article discusses the factors that can affect a company’s decision to do a spinoff and why it’s easier to sell a standalone subsidiary than an internal division.
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Blocked! Court finds doggy jerseys obvious
October / November 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: After a souring of the business relationship between the holder of a patent on a design for a football jersey for dogs and a retailer of licensed pet jerseys, the retailer hired another supplier. The patent holder sued for infringement. The district court dismissed the case before trial, finding that the design patent was invalid as obvious. This article explains how courts analyze the obviousness of a design patent and why the appeals court sided with the retailer. MRC Innovations, Inc. v. Hunter Mfg., No. 2013-1433, April 2, 2014 (Fed Cir.)
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More false advertising claims on the way? Plaintiff pool may widen following Supreme Court decision
October / November 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 539
Abstract: A lawsuit between two parties involved in printer cartridge manufacturing has trudged on with little notice for more than a decade. But the most recent ruling in the case has gotten quite a bit of attention. That’s because it was made by the U.S. Supreme Court, which resolved a split among the federal courts of appeals over which parties can bring claims for false advertising. After noting that three competing approaches have developed for determining whether a plaintiff has standing to sue under the Lanham Act, the Court adopted an entirely new two-part test. This article concludes that the ruling could embolden more indirect competitors to pursue false advertising claims. Lexmark Int’l, Inc. v. Static Control Components, Inc., No. 12-873, March 25, 2014 (Supreme Court)
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Raising the bar on the standard for patent definiteness
October / November 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 684
Abstract: One of the purposes of a patent is to notify the public that certain inventions have already been claimed and that their unauthorized use could result in liability for patent infringement. But how precise — or “definite” — must the language in a patent be to provide sufficient notice? This article looks at the U.S. Supreme Court’s unanimous decision adopting a new standard for patent definiteness that raises the bar for patent holders. Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, June 2, 2014 (Supreme Court)
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Step to it – Supreme Court tightens standard for induced patent infringement
October / November 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 771
Abstract: In recent years, patent holders have increasingly pursued lawsuits against defendants who didn’t necessarily directly infringe the patents themselves. Those cases just became a lot harder to win, thanks to a unanimous ruling by the U.S. Supreme Court. In a recent case involving a patent for a method of delivering electronic data using a content delivery network, the Supreme Court held that liability for inducement must be based on direct infringement. In the absence of direct infringement, there could be no inducement of infringement. This article examines the Court’s reasoning, while a sidebar discusses the outcome of the defendant’s request to have the Court review the lower court’s rule for direct infringement. Limelight Networks, Inc. v. Akamai Technologies, Inc., No. 12-786, June 2, 2014 (Supreme Court) Muniauction, Inc. v. Thomson Corp., No. 2007-1485, July 14, 2008 (Fed. Cir.)
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The ins and outs of reverse mortgages – Be sure to run the numbers
October / November 2014
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 410
Abstract: Reverse mortgages have been both touted as a solution for older homeowners who are struggling financially and criticized for the fees associated with them. Both observations carry some truth. But reverse mortgages can play a role in the financial plans of seniors who are relatively well off. This article explains the basics and why they can be a sensible option for some homeowners. But they are complicated financial instruments that require close consideration.
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Putting the brakes on employee fraud
October / November 2014
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 668
Abstract: The average business loses about 5% of its annual revenue to fraudulent actions by employees, according to estimates provided by the Association of Certified Fraud Examiners (ACFE). The median loss? A hefty $145,000. And companies with fewer than 100 employees tend to suffer disproportionately. This article offers six tips for avoiding fraud.
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Long-term care insurance: Good or bad?
October / November 2014
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 664
Abstract: Long-term care (LTC) insurance policies help pay for the cost of long-term nursing care or assistance with activities of daily living — but the cost of premiums can run several thousand dollars annually. This article discusses whether it might be better to purchase such a policy earlier vs. later and explains some of the legal terms that are commonly used in LTC policies.
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It’s time to go SHOPping – How to navigate Small Business Health Options Program Marketplaces
October / November 2014
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 876
Abstract: Small companies have another option for providing workers with health insurance: the Small Business Health Options Program (SHOP) Marketplace. This article explains the levels of plans that are available and the criteria that employers must meet to qualify. A sidebar notes that the Department of Health and Human Services has allowed some states to delay implementation of “employee choice” in their SHOP Marketplaces until 2016.
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Estate Planning Red Flag – You believe all inherited IRAs are protected from creditors in bankruptcy
November / December 2014
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 335
Abstract: Until recently, it was widely believed that inherited IRAs, like other IRAs, are protected from creditors in bankruptcy. But in a June 2014 decision — Clark v. Rameker — the U.S. Supreme Court held that an IRA inherited by the owner’s daughter was not. This article provides details of the Court’s findings and explains why leaving an IRA to a trust rather than a family member may be beneficial if bankruptcy is a concern. Clark v. Rameker, No. 13-299, June 12, 2014 (Supreme Court)
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Worried about challenges to your estate plan? Make it no contest!
November / December 2014
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 604
Abstract: No matter how clearly an estate plan communicates the deceased person’s wishes, there’s a chance that one or more family members will become disgruntled over the outcome and challenge the estate plan. One strategy for protecting a plan is to include a “no-contest” clause in the will or revocable trust (or both). This article explains how a “no-contest” clause works and provides alternative strategies that minimize incentives to challenge a plan.
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Don’t underestimate the impact of state estate taxes
November / December 2014
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 546
Abstract: With the federal gift and estate tax exemption currently topping $5 million, fewer people have to worry about implementing strategies to reduce federal estate tax liability. However, it’s unwise to forget to plan for state estate taxes. This article details how tax rates and exemptions vary from state to state and offers planning techniques to offset state estate taxes.
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The Sec. 1031 exchange – A powerful estate planning tool
November / December 2014
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 1007
Abstract: Now that the combined gift and estate tax exemption amount has topped $5 million, many people planning their estates have turned their attention to income taxes. For those who own highly appreciated business or investment real estate, one of the most effective tax strategies is the Section 1031 “like-kind” exchange. This article explains how a Sec. 1031 exchange can defer capital gains taxes on appreciated property. A sidebar answers the question, “Can personal property be used with a Sec. 1031 exchange?”
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Construction Success Story – Automated marketing optimizes business development
November / December 2014
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 433
Abstract: This issue’s “Construction Success Story” features the owner of a growing electrical contracting company who was feeling increasingly frustrated by the lags between marketing his company’s services, identifying leads and turning those leads into sales. His financial advisor recommended looking into a marketing automation system that would help track, qualify and score leads. This article describes how the two went about working with a marketing consultant and setting a budget to select the right solution.
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Reviewing new EPA rules for heavy equipment
November / December 2014
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 548
Abstract: Starting Jan. 1, new EPA rules go into effect that regulate the amount of pollution that can be emitted from large diesel engines used in a variety of construction-site equipment, including large mobile generators and backhoes. These “Non-road Tier 4 Emission Standards” are forcing heavy equipment makers to develop new fuel-saving and low-emission engines that may not work exactly like previous models. This article describes how things are changing “under the hood” and what the impact may be on aftermarket sales.
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Could a PEO prune your employment-related hassles?
November / December 2014
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 653
Abstract: For contractors, employment-related tasks can sprout like weeds and quickly grow out of control. Construction companies that find themselves constantly entangled in a thicket of HR and payroll problems may wish to engage a professional employment organization (PEO) to prune away many of these hassles. This article explains the services offered by PEOs, the potential legal protections they may provide, and some recommended due diligence to pursue when looking for one.