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    Fixed and Floating Charges on Intellectual Property
    2022-11-22

    The Supreme Court of Israel recently clarified the distinction between fixed and floating charges under Israeli law. While the decision of the Supreme Court did not specifically address charges on intellectual property, the tests set forth by the Supreme Court will likely affect the characterization of charges on such intangible assets under Israeli law. This decision takes on additional importance in the current economic climate, which may see more IP-rich companies in insolvency situations or looking to use their intellectual property assets to secure financing.

    Filed under:
    Israel, Copyrights, Designs and trade secrets, Insolvency & Restructuring, Litigation, Patents, Trademarks, Arnon, Tadmor-Levy
    Authors:
    Eli Greenbaum , Shai Margalit
    Location:
    Israel
    Firm:
    Arnon, Tadmor-Levy
    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, Anti-bribery and corruption, Foreign Corrupt Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Hogan Lovells
    Court of Appeal summaries (December 27-31, 2021)
    2021-12-31

    Good afternoon.

    Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 27, 2021. There were only two substantive civil decisions released this week.

    Filed under:
    Canada, Ontario, Banking, Designs and trade secrets, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Bankruptcy, British Columbia Supreme Court, British Columbia Court of Appeal
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Business insolvency - how will the value of your intangible assets and IP be impacted?
    2021-05-24

    The value of a business’ intangible assets and intellectual property (IP) is key to its ability to support revenues through sales of products/services, franchising, licensing, or through attracting investment and fundraising activities.

    Filed under:
    European Union, Copyrights, Designs and trade secrets, Insolvency & Restructuring, Patents, Trademarks, Mathys & Squire LLP
    Authors:
    Anthony Coleman
    Location:
    European Union
    Firm:
    Mathys & Squire LLP
    intellectual property and insolvency practitioners: when ‘ip’ worlds collide - Macpherson Kelley
    2021-04-30

    Intellectual property (IP) is a valuable asset in any liquidation or bankruptcy. However, it presents unique legal and practical challenges for insolvency practitioners.

    These challenges include:

    Filed under:
    Australia, Copyrights, Designs and trade secrets, Insolvency & Restructuring, Litigation, Patents, Trademarks, Macpherson Kelley, Due diligence, Corporations Act 2001 (Australia)
    Authors:
    Daniel Wignall , Mark Metzeling , Damien Quick
    Location:
    Australia
    Firm:
    Macpherson Kelley
    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, Sexual harassment, H-1B visa, Due diligence, Non-disclosure agreement, Cybersecurity, Coronavirus, Personal protective equipment, 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), USPTO, US Department of Labor, National Labor Relations Board (USA), Financial Crimes Enforcement Network (USA), US International Trade Commission, Office of Federal Contract Compliance Programs (USA), Microsoft, Committee on Foreign Investment in the United States, Family and Medical Leave Act 1993 (USA), Fair Labor Standards Act 1938 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA), USMCA, CARES Act 2020 (USA)
    Location:
    USA
    Firm:
    Hogan Lovells
    Willfulness Allegation, Failure to Appear Lead to Nondischargeable Judgment
    2020-05-19

    The US Court of Appeals for the Sixth Circuit affirmed that a state court’s finding of “willful and malicious injury” in connection with the misappropriation of trade secrets entitled the plaintiff, in the defendant’s subsequent bankruptcy proceeding, to summary judgment of nondischargeability on collateral estoppel grounds. In re Hill, Case No. 19-5861 (6th Cir. May 4, 2020) (Donald, J.).

    Filed under:
    USA, Kentucky, Designs and trade secrets, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Donald Trump
    Authors:
    David Mlaver
    Location:
    USA
    Firm:
    McDermott Will & Emery
    A legal handbook for businesses the COVID-19
    2020-05-19

    The recent outbreak of Covid-19 pandemic has had grave effects on people’s life as well as the economy in almost every country in the world, including Vietnam.

    Recognizing the negative impacts of the pandemic on the economy, as well as the considerable difficulty of businesses in solving crises arising during this period of time, Apolat Legal publishes the “A legal handbook for businesses the COVID-19 pandemic” to provide a useful legal reference that businesses can apply to solve difficulties during this period.

    Filed under:
    Vietnam, Arbitration & ADR, Banking, Company & Commercial, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employee Benefits & Pensions, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Patents, Real Estate, Tax, Trademarks, Apolat Legal, Value added tax, Force majeure, Coronavirus
    Location:
    Vietnam
    Firm:
    Apolat Legal
    United States: The future of IP planning - Recorded webinar
    2020-05-01

    Click here to view  the video.

    In brief

    The North America Tax Practice Group presented The Future of IP Planning, the fourth webinar in the series The Importance of Tax in the Response to COVID-19 on 1 May 2020.

    Filed under:
    USA, Company & Commercial, Copyrights, Designs and trade secrets, Insolvency & Restructuring, Patents, Tax, Trademarks, Baker McKenzie, Coronavirus
    Authors:
    Imke Gerdes , Tamara Levin , Ivan Tsios
    Location:
    USA
    Firm:
    Baker McKenzie
    Transactional tax issues in the era of the coronavirus
    2020-04-28

    The global economy has suffered a massive hit from the COVID-19 pandemic. The collective impact of disruptions to supply chains and falling consumer demand have caused many businesses to suffer varying degrees of financial stress with some having to recapitalise or refinance. While some M&A transactions on foot prior to the onset of the pandemic have been disrupted or delayed, the impact of the pandemic will open up opportunities for cashed-up funds and other buyers to, in time, take advantage of strategic and investment opportunities presented by the pandemic.

    Filed under:
    Australia, Global, Banking, Capital Markets, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Insolvency & Restructuring, Patents, Tax, Trademarks, Gilbert + Tobin, Employee Retirement Income Security Act 1974 (USA), Due diligence, Coronavirus
    Authors:
    Mark Goldsmith , Alina Sedmak , Muhunthan Kanagaratnam
    Location:
    Australia, Global
    Firm:
    Gilbert + Tobin

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