Publications

Less traditional forms of printed publications can compromise your IP position.Assume for a moment that you are the vice president of a biotechnology company. You fully appreciate that the intellectual property developed by your company is a major asset to the company, and that it deserves the best protection possible.

Over the last year, the Connecticut Supreme Court released a thick folder full of cases important to the business community, ranging from a decision bolstering requirements for class action lawsuits to opinions setting new contours for the scope and bounds of arbitration.

Two classic American ideals, innovation and competition, have provided the foundation for two important areas of law, namely intellectual property and antitrust, respectively. These two areas, while purporting to foster the same worthy goal of maximum economic efficiency, often collide by virtue of their differing approaches toward promoting this goal. The Federal Circuit recently explored […]

Naturally, an applicant’s skill and experience should match a job’s requirements, but don’t ignore the importance of matching a candidate’s business style with that of your company. Keep prospective supervisors and managers in mind when interviewing candidates, and even when you’re under pressure to fill a position, don’t make hasty hiring decisions.

The securities markets have grown increasingly complex. Indeed, some have theorized the collapse of the subprime market is due, at least in part, to a lack of understanding and appreciation for the market risks inherent in collateralized debt obligations and related securities. Growing complexities in the market will create new challenges in the prosecution and […]

The federal money laundering statutes have long been a powerful weapon in the prosecution’s arsenal. In addition to severe penalties and sweeping forfeiture provisions, the statutes criminalize conduct involving 250 predicate offenses, thus providing a potent federal tool to investigate and prosecute a vast array of criminal conduct. However, in two decisions issued on June […]

In our last column, we day-dreamed about the Fall CLE program held on Veterans’ day weekend in 1984. Springing forward by six months from then, we catch a glimpse of the results achieved when our Association, together with three sister associations, put their heads together to co-sponsor a Spring seminar. The day of the first […]

Efforts have been made over the past decade to devise uniform rules that would govern software licensing and, as technology advanced, other electronic products and services – including the means of contracting itself. In July 1999, the National Conference of Commissioners on Uniform State Laws approved and recommended for enactment in all states the Uniform […]

Previously in this space, I have kept you abreast of legislative proposals floated by the U. S. Senate Finance Committee that could have a profound effect on the nonprofit sector, as well as the sector’s response to those proposals. That inside-the-beltway activity continues unabated. The Panel on the Nonprofit Sector, convened by the umbrella group […]

Ever since Congress enacted the American Competitiveness and Corporate Accountability Act of 2002, more commonly called the Sarbanes-Oxley Act or, for brevity, “Sarbanes” (some use the acronym SOX), people in the nonprofit world and those who advise them, have been discussing and speculating on what it means for nonprofits. The law firm I am with […]

Can new parties intervene after judgment has entered? Can an appeals court allow intervention or joinder of new parties when it determines that there was no jurisdiction from the outset of the litigation?

Franchisors, like landlords and other creditors of small businesses, want personal accountability by the individual owners of the business. Franchisors do not want their franchisees to escape liability for payment of ongoing royalties, advertising contributions, purchases and other obligations through the use of a corporation or limited liability company to shield the individual owners from […]

Recent court rulings in Connecticut underscore the need for companies to examine whether their relationships with distributors or sales representatives may be regulated under franchise laws before taking actions, such as termination, to alter those relationships.

Clinical drug trials bring new and more effective pharmacologic weapons to physicians almost on a daily basis. Most of these clinical studies that bring new drugs from bench to bedside are financed by pharmaceutical companies (sometimes referred to as Sponsors). Many of these drug trials are run by academic medical centers or by commercially oriented […]

The New York Court of Appeals has addressed the issue, so how difficult can it be to calculate damages where a fiduciary is found liable for mismanagement of trust assets? As it turns out, very difficult.

Many foreign investors in US real estate have found themselves owning US or foreign companies with substantial US tax-attribute carryforwards resulting from investments that have been disposed of by the companies. The carryforwards may have arisen from economic loses, deductions generated by interest on related-party debt or both. The carryforwards may be isolated in a […]

The role of state attorneys general in the development of competition policy in the U.S. continues to grow and evolve. In an increasing array of venues, state enforcers, often under the aegis of the National Association of Attorneys General (NAAG) Multistate Antitrust Task Force (NAAG Task Force), have become an essential component in the antitrust […]

In our global market economy, international trade and international brand marketing have become increasingly important for multinational corporations seeking to acquire and maintain an economic and competitive advantage in the marketplace. Accordingly, these multinational corporations have felt an increasing need to protect and police their intellectual property rights internationally. Historically, multi-lateral international treaties have helped […]

For a variety of reasons, a franchisor may find itself in arbitration seeking to vindicate its right to terminate a franchise agreement. For example, arbitration may be necessary if the franchisee challenges the termination or refuses to comply with its requirements. In addition, some franchisors seek a declaratory ruling before a termination is considered final […]

Fiduciary income tax issues related to closely held businesses can be very complex and are often uncertain. This article attempts to define and clarify some of these issues.

Just two years ago, relatively only yesterday in the distinguished history of our profession, the PTO released a sweeping “21st Century Strategic Plan” that spurred public debate on many of its proposals. The proposed “Periodic Certification for Registered Practioners” stayed under the radar, however, evoking a modicum of comment and little debate in spite of […]

A Utah district court dismissed a regional distributor’s antitrust and price discrimination claims without prejudice. Plaintiff was a regional distributor of a specific brand of exterior cladding products. Defendants were regional distributors of competing products consisting of a group of distributors and a group of suppliers. Plaintiff contended that distributor defendants contracted, combined, and conspired […]

A recent decision from the Federal District Court for the Northern District of Illinois demonstrates the need to actively enforce intellectual property rights after license agreements are signed, and to pay careful attention to contractual limitations on legal actions.

After congratulating yourself on winning an eBay auction, have you ever wondered whether the item about to arrive in your mailbox is authentic? Well, if you were spending money on an item wrapped up in that coveted little blue box, you just might! More importantly, if your company manufactures or distributes consumer goods, you may […]