Publications
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 […]