Due Diligence Can Mitigate Trademark Risk
February 01, 2022
How can one launching a new trademark mitigate the risk of rejection or infringement on the basis of likelihood of confusion with an existing mark? The primary strategy is trademark searching.
Bankruptcy Court Gives Pre-Petition Antitrust Claims Administrative Priority Status
February 01, 2022
The Delaware District Bankruptcy Court ruled that claims arising from pre-petition antitrust cases filed against the debtor could constitute post-petition claims entitled to administrative priority status. The court held that the public policy that favors a "fresh start" for debtors would not preclude damages from post-petition sales of products in violation of federal antitrust laws from receiving administrative expense priority.
Biometric Privacy: A Year In Review (2021) and The Year Ahead (2022)
January 01, 2022
The year started with Portland, Oregon's ban on the use of facial recognition technology by private entities in places of "public" accommodation. It concluded with the rendering of important appellate decisions on the Illinois Biometric Information Privacy Act. In the middle, was the continued flurry of litigation, class action settlements, and legislative activity.
Potential Criminal and Civil Penalties of Digital Asset Exchanges
January 01, 2022
This article discusses the potential criminal and civil penalties that companies can face if their employees engage in insider trading in digital assets, and suggests several measures that exchanges can take to reduce their exposure from such risks.
Feds Jumping Into Corporate Privacy and Cybersecurity Enforcement
January 01, 2022
The past 12 months have seen a steady drumbeat of action by federal law enforcement and regulatory agencies of which in-house counsel should take note. Whether new guidance, regulation, investigations, or enforcement activity, the message is clear: The federal government is paying close attention to how companies are handling and protecting their data — especially consumer and sensitive data.
Johnny Cash Museum Case Includes Attorney Conflict of Interest Issue
December 01, 2021
How does "eye of the beholder" apply to law clients for determining whether an attorney is representing more than one party to a negotiation? And how would attorney/client privilege work in such a situation? These issues have been raised in litigation involving sponsorship agreements for the Johnny Cash Museum in Nashville.
