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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
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
公司经营在美国
2019-07-31

美国是世界上最容易开展业务的司法管辖区之一1。监管壁垒总体较低,建立分支机构或业务实体方 便快捷,相比其他多数发达经济体,劳动就业法律对雇主更为友好,并且法律体系发达、透明。然 而,在美国进行投资或设立业务之前,仍有若干准入壁垒及营商挑战需要考虑。 本刊将简要介绍可能限制非美国人进入美国市场或在美国设立业务后开展业务能力的贸易管制问题, 以及对外国投资者而言极其重要的公司、商事、劳动就业、移民、知识产权、反洗钱、反垄断、出 口管制、反腐败、责任、破产等法律及实践。本刊并非综合性指南,仅对投资者需要考虑及与法律 顾问商讨的一些重要问题加以概述。 

Filed under:
China, USA, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Immigration, Insolvency & Restructuring, Litigation, Patents, Tax, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Foreign direct investment, Money laundering, Export Administration Regulations (USA), USMCA, NAFTA
Location:
China, USA
Firm:
Hogan Lovells
View Original Article
Doing business in the United States
2019-07-31

The U.S. is one of the easiest jurisdictions in the world in which to do business.1 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. This publication provides an overview of trade control issues that could limit a non-U.S.

Filed under:
USA, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Immigration, Insolvency & Restructuring, Litigation, Patents, Tax, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Foreign direct investment, Money laundering, Export Administration Regulations (USA), USMCA, NAFTA
Location:
USA
Firm:
Hogan Lovells
View Original Article
The Oman Update - Official Gazette 1175
2017-01-01

Sultani Decrees

Sultani Decree No. 1/2017 Ratifying the General Budget of State for Fiscal Year 2017 Enacted on 1 January 2017. Effective from 1 January 2017

Ministerial Decisions

Diwani Decision No. 39/2016 Naming members of the Municipal Council, Muscat Governorate, for the second term. Issued on 28 December 2016

Ministerial Decision No. 165/2016 Publishing the Final Account of the State for Fiscal Year 2015. Issued on 21 December 2016

Filed under:
Oman, Company & Commercial, Designs and trade secrets, Insolvency & Restructuring, Public, Dentons
Authors:
Nick Simpson , Umaima Al-Wahaibi
Location:
Oman
Firm:
Dentons
View Original Article
The Great Brexit Debate
2016-06-24

Introduction

Filed under:
European Union, OECD, United Kingdom, Capital Markets, Competition & Antitrust, Designs and trade secrets, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Public, White Collar Crime, Dentons, Brexit
Location:
European Union, OECD, United Kingdom
Firm:
Dentons
View Original Article
Guide to Doing Business in China
2019-09-10

Since China opened its doors to foreign investors around forty years ago, it has been a top recipient for international direct investments. Despite the gradual slowdown of the country’s overall economic growth, foreign interest in China continues to be strong. After a slight decline in 2016, foreign direct investment increased again by 3% to US$134.97 billion in 2018.

Filed under:
China, Arbitration & ADR, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Environment & Climate Change, Franchising, Insolvency & Restructuring, IT & Data Protection, Patents, Product Regulation & Liability, Trade & Customs, Trademarks, Mayer Brown
Location:
China
Firm:
Mayer Brown
View Original Article

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