<i>Ariosa Diagnostics v. Sequenom </i>
October 02, 2015
On June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in <i>Ariosa Diagnostics,</i> affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence.
FTC, Federal Court Views on Fraud In Crowdfunding
September 02, 2015
In a release this summer, the FTC announced it had brought and settled its first case involving crowd-funding. The defendant raised more than $122,000 through Kickstarter to produce a Monopoly-like board game geared toward H.P. Lovecraft fans. According to the FTC's complaint, defendant used the Kickstarter proceeds to pay for personal expenses, including his move to Oregon. The settlement order should serve as a reminder that strong legal remedies at both the state and federal level are available to defrauded contributors.
FTC, Federal Court Views on Fraud In Crowdfunding Ventures
September 02, 2015
In a release this summer, the FTC announced it had brought and settled its first case involving crowd-funding. The settlement order should serve as a reminder that strong legal remedies at both the state and federal level are available to defrauded contributors.
Brokerage Windows in Retirement Plans
July 02, 2015
In 2014, the DOL published a request for information (RFI) regarding the use of so-called "brokerage windows" under retirement plans, such as many "Section 401(k)" plans, that allow participants (and beneficiaries) to direct the investment of their retirement accounts. The RFI is one of the more recent developments surrounding what has become an increasingly controversial topic regarding the investment of Section 401(k) plans and other participant-direct retirement plans.
Brokerage Windows in Retirement Plans
July 02, 2015
The request for information (RFI) regarding the use of so-called "brokerage windows" is one of the more recent developments surrounding what has become an increasingly controversial topic regarding the investment of Section 401(k) plans and other participant-direct retirement plans.
Anchoring the Firm Culture In Solid Rock
June 02, 2015
Over the years of my consulting practice, I have seen many formerly great law firms fail and go under. The reason? They lost the anchor to their core values, and then started drifting into issues and concerns that eventually destroyed them from within. Herein, I try to lay out what can be done to keep the anchor holding.
Tip for Investors: Don't Lock Out Unionized Targets
June 02, 2015
Both financial and strategic investors often instinctively reject the idea of acquiring unionized companies. This can be a mistake. Healthy, unionized enterprises can turn out to be excellent investments. The key is analyzing them correctly.
Tips for Investors: Don't Lock Out Unionized Targets
June 02, 2015
There's something about the idea of dealing with unions that just plain intimidates investors. Both financial and strategic investors often instinctively reject the idea of acquiring unionized companies. This can be a mistake.
Beware: Not All Communications Between Court-Appointed Bankruptcy Professionals Are Privileged
May 02, 2015
A successful Chapter 11 representation requires a close working relationship between the client's attorneys and non-attorney professionals, and the latter are generally kept fully abreast of the attorney's strategies on behalf of their common client. But where a communication otherwise protected by the attorney-client privilege is disclosed to, or made in the presence of a third party, the communication may no longer be, or deemed never to have been considered privileged.
Real Property Law
May 02, 2015
Discussion and analysis of several important decisioins.
