Six Keys to a Successful Law Firm Merger
September 01, 2016
Over the past two years, the author has been involved in three merger situations and iscurrently working on two more. He has worked closely with the managing partners and committees of these firms and has come away with the six factors that he believes determine the success or failure of law firm merger discussions.
The False Claims Act After <i>Escobar:</i> A Three-Part Test
September 01, 2016
In a unanimous opinion in <I>Universal Health Servs. v. United States ex rel. Escobarr</I>, 195 the Supreme Court recently provided a new framework for assessing false certification liability under the False Claims Act (FCA).
Copyrightable Karaoke Tracks Not Protected By Trademark Act
September 01, 2016
Slep-Tone Entertainment Corporation and its successor in interest, Phoenix Entertainment Partners, filed more than 150 Lanham Act suits throughout the country. The suits alleged that defendants had committed trademark infringement by making unauthorized copies and performing commercial karaoke files containing Slep-Tone's registered trademark "Sound Choice" and graphically displayed trade dress.
Tax Reporting Laws Raise Privacy Claim Risks for Online Companies
September 01, 2016
States are scrambling to shore up sales tax revenues that are eroding because of e-commerce sales. A new approach to sales tax collections involves information reports on customers' online purchases. This approach may create potential legal claims against many online companies for giving too much information about customers to state tax agencies or even to the customers themselves.
Challenges in Solar Equipment Finance
September 01, 2016
Growth in solar-generation capacity has not been evenly distributed across the country, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.
IP Protection Issues in Brexit
September 01, 2016
Entertainment companies routinely enter into international transactions that involve intellectual property (IP) rights. What is the impact of the United Kingdom's vote to exit the European Union (EU) on these IP rights, specifically on patent and trademark rights.
Professional Development: As New Associates Join This Fall
September 01, 2016
A firm's new associate orientation sets the tone and creates a foundation from which all future activities will be measured. If an orientation program is unorganized, inconsistent or lacking in usefulness, the experience might tarnish the new attorney's impression of his or her employer.
The New FCPA Cooperation Plan
September 01, 2016
On April 5, 2016, the DOJ issued an Enforcement and Guidance Plan concerning the FCPA. While the new Plan could be interpreted as a novel departure from past precedent, careful analysis reveals that it does little to alter or clarify how the DOJ will review cases or reward companies for significant cooperation in addressing anti-corruption global issues.
