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Spell Out Percentages in Your Stipulated Judgments
2023-03-09

An all too typical fact pattern involves a small-time ne’er-do-well infringing on the rights of a much bigger corporation. When the corporation is forced to bring a lawsuit, the “little guy” infringer cries poverty and seeks a settlement. An oft-used tactic of corporations is to settle the matter quickly (and before too much in attorneys’ fees has been incurred) for a relatively modest sum (or even no money at all) while also including a mechanism by which any breach of the settlement agreement triggers the filing of an agreed judgment for a large sum of money.

Filed under:
USA, Copyrights, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Copyright infringement
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
Royalty Rights as Unsecured Claims: The Relevance of Mallinckrodt to M&A, Revenue or Royalty Interest Financings, and Other Transactions Involving Future Payment Streams
2023-02-21

Consider this scenario: A company sells intellectual property rights to a buyer that plans to develop the IP into a profitable product. The buyer pays a minimal upfront purchase price in cash, with the most valuable consideration taking the form of future “royalties” and/or “milestone payments” related to the development and sale of the product. Upon closing the buyer obtains ownership of the IP.

Filed under:
USA, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Insolvency & Restructuring, Litigation, Patents, Trademarks, Covington & Burling LLP, Royalty payment, Bankruptcy
Location:
USA
Firm:
Covington & Burling LLP
View Original Article
Mallinckrodt Ruling Holds Creditor Lessons for IP Sellers
2023-01-17

In late December, the U.S. District Court for the District of Delaware issued an opinion in In re: Mallinckrodt PLC affirming the Mallinckrodt bankruptcy court's November 2021 decision that the debtor could discharge certain post-petition, post-confirmation royalty obligations for the sale of the company's Acthar gel.

The district court's affirmation serves as a reminder to holders of intellectual property that a debtor's fresh start under the U.S. Bankruptcy Code could trump royalty obligations that are found to be contingent claims arising as of the time of the transaction.

Filed under:
USA, Copyrights, Designs and trade secrets, Insolvency & Restructuring, Litigation, Patents, Trademarks, Bracewell LLP
Authors:
Jonathan Lozano , Mark E. Dendinger
Location:
USA
Firm:
Bracewell LLP
View Original Article
Doing business in the United States 2022
2022-09-20

The U.S. is one of the easiest jurisdictions in the world in which to do business. Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more employer-friendly than in most other developed economies, and the legal system is well-developed and transparent. However, there are certain barriers to entry and challenges to doing business that should be taken into account before investing or establishing operations in the U.S.

Filed under:
USA, Arbitration & ADR, Company & Commercial, Competition & Antitrust, Copyrights, Designs and trade secrets, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Patents, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Anti-money laundering, Foreign Corrupt Practices Act 1977 (USA)
Location:
USA
Firm:
Hogan Lovells
View Original Article
Berkeley Applegate and when administrators can get in too Deep (Purple)
2016-12-20

In the recent case of Gillan v HEC Enterprises Ltd (in administration) and Ors [2016] EWHC 3179 (Ch), the High Court considered (1) in what circumstances administrators can recover costs and expenses incurred in dealing with trust property and (2) how the administrators’ costs in applying for a Berkeley Applegate order and other litigation were to be dealt with.

Background

Filed under:
United Kingdom, Copyrights, Insolvency & Restructuring, Litigation, Squire Patton Boggs, High Court of Justice
Authors:
Mark Prior
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Cannabis Industry FAQ
2017-07-18

Can marijuana businesses receive federal copyright protection?

Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These requirements do not prevent a marijuana business from registering its works, such as pamphlets, instructional videos or even artwork.

Can marijuana businesses receive any patent protection?

Filed under:
USA, Banking, Company & Commercial, Copyrights, Healthcare & Life Sciences, Insolvency & Restructuring, Patents, Real Estate, Tax, Trademarks, White Collar Crime, Troutman Pepper, Financial Crimes Enforcement Network (USA)
Location:
USA
Firm:
Troutman Pepper
View Original Article
Applications for leave to appeal dismissed - 30 April 2015
2015-04-30

36238 Her Majesty the Queen v. Erin Lee MacDonald (Charter of Rights – Mandatory minimum sentences – Cruel and unusual punishment – Criminal law – Sentencing)

Filed under:
Canada, Copyrights, Crime, Employment & Labor, Energy & Natural Resources, Family, Immigration, Insolvency & Restructuring, Litigation, Media & Entertainment, Personal Injury, Public, Tax, Gowling WLG
Authors:
Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, Q.C.
Location:
Canada
Firm:
Gowling WLG
View Original Article
Doing business in Canada
2012-09-17
  1. Historical Background

Unlike the United States, Canada was not created by a unilateral declaration of independence from the colonial occupation of England.

 

Filed under:
Canada, Banking, Capital Markets, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Employment & Labor, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Insurance, IT & Data Protection, Media & Entertainment, Patents, Real Estate, Tax, Trade & Customs, Trademarks, Gowling WLG
Location:
Canada
Firm:
Gowling WLG
View Original Article
Doing business in the United States 2021
2021-01-15

Doing business in the United States

2021

2

Hogan Lovells

Doing business in the United States 2021

3

Contents

Introduction1

I.Openness of U.S. markets to foreign investment

2

II.Direct or indirect market entry and choice of entity

8

III. Commercial contracting

20

IV.Labor and employment law considerations

26

V.Immigration laws

34

VI.Intellectual property laws

40

VII. Export control and economic sanction laws

46

VIII. U.S. antitrust laws

56

Filed under:
USA, Capital Markets, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Patents, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Medicare, Bribery, Corporate governance, Money laundering, Due diligence, Non-disclosure agreement, Cybersecurity, Coronavirus, Personal protective equipment, Fair Labor Standards Act 1938 (USA), Foreign Corrupt Practices Act 1977 (USA), CARES Act 2020 (USA), Internal Revenue Service (USA), US Securities and Exchange Commission, Federal Trade Commission (USA), Equal Employment Opportunity Commission (USA), US Department of Justice, Office of Foreign Assets Control (USA), US DoL, NLRB, Microsoft, Committee on Foreign Investment in the United States
Location:
USA
Firm:
Hogan Lovells
View Original Article
Doing Business in the United States 2020
2020-03-13

The Labor and Employment Group at Hogan Lovells is proud to have contributed to the 2020 version of the firm’s Doing Business in the United States Guide. The Guide provides a high-level overview of the laws and practices important to foreign investors interested in operating in the United States, including recent legal developments.

Filed under:
USA, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Immigration, Insolvency & Restructuring, Patents, Public, Tax, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Foreign direct investment, Value added tax, Board of directors, Limited liability company, Limited liability partnership, Money laundering, Sexual harassment, Civil Rights Act 1964 (USA), Family and Medical Leave Act 1993 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Worker Adjustment and Retraining Notification Act 1988 (USA), Uniform Commercial Code (USA), USMCA, Internal Revenue Service (USA), Federal Trade Commission (USA), Office of Foreign Assets Control (USA), Financial Crimes Enforcement Network (USA), US Department of the Treasury, Committee on Foreign Investment in the United States
Location:
USA
Firm:
Hogan Lovells
View Original Article

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