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A More Perfect Union: Why Punish Russia for Crimea?
Only in DC: Ethics Rule Permits Non-lawyers to Own Law Firms
How a Reluctance to Deport Pop Stars Strengthens US Immigration Policy
Law Prof: The Clean Air Act Needs a Reboot
Is Punishment Dead in America?
Hailey French’s Story – When millions barely cover the bills.
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Readers of a certain age may recall the Angels’ 1963 song “My Boyfriend’s Back,” which talked about a boyfriend who returned to rescue his steady girlfriend from lies and problems (“Hey-la-day-la my boyfriend’s back!”). Well,...more
The ability of corporations to impose liability on shareholders through bylaws and charter provisions has been the subject of much debate recently. On May 8, 2014, the Supreme Court of Delaware held in ATP Tour, Inc. v....more
The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more
A bill (A-3880/S-444) recently introduced in both houses of the New Jersey legislature would prevent companies and private individuals from exercising their existing contribution rights under New Jersey’s Spill Act to recover...more
As noted in this Reuters post, the Council of Institutional Investors, along with a number of individual pension funds and other institutional investors, have chimed in on the debate currently roiling the Delaware bar over...more
Unlike patents and copyrights, trade secrets have historically been protected primarily under state law rather than federal law. That long history may soon change, as bills to create a federal cause of action for trade secret...more
The Supreme Judicial Court of Massachusetts recently cleared the way for gaming opponents to appeal directly to Massachusetts voters by allowing the measure to repeal the Massachusetts gaming law to be placed on the November...more
“The first trickle through a leak in the dam” that eventually causes the dam to collapse is how Professor John Coffee characterized the adoption of fee-shifting bylaw or charter provisions by 24 companies since May of this...more
In recent days, the state tax world has focused on the State of Michigan’s retroactive repeal of the Multistate Tax Compact (Compact). Last week, the Michigan Legislature passed and Governor Snyder signed into law a bill...more
Oregon introduces bill to make improper patent license demands a violation of its unlawful trade practices law -
In February 2014, Senate Bill 1540 was filed, which would make patent trolling a violation of the...more
The North Carolina General Assembly recently passed a bill aimed at the abusive assertion of patents. It was part of the Commerce Protection Act of 2014 (S 648, S.L. 2014-110, section 2.1) and was signed into law by Governor...more
Patent trolls, or more politely, Non-Practicing Entities (NPEs), are firms that collect “license” fees on patent rights by threatening lawsuits. Rarely do NPEs make any products, provide any services or operate any systems...more
I’ve previously reported on SB 1272 which was rushed through the legislature and allowed to become “law” without Governor Brown’s signature. The bill, authored by Senator Ted Lieu, calls for an advisory vote on whether the...more
At the end of last week, the North Carolina General Assembly passed significant legislation affecting the State’s business legal climate. With large bipartisan majorities, the Legislature adopted Senate Bill 853 (SB 853),...more
My recent CFIUS post explained the basic legislative scheme and review process of the Foreign Investment in National Security Act (“FINSA”), which gives the President of the United States, acting upon the recommendation of...more
"I am not a crook.” In the wake of violations in the Watergate Scandal, the Federal Election Commission (FEC) was created in 1974 to oversee and enforce campaign finance regulations and the Federal Election Campaign Act was...more
When a non-practicing entity (NPE) accused 16,000 small businesses of violating its patent by merely emailing scanned documents, the New York attorney general cracked down, forcing a settlement. Then the FTC threatened to sue...more
Recently, there has been some unusual excitement in the corporate bar in Delaware after the Supreme Court of Delaware held that a nonstock corporation could adopt a bylaw requiring a losing plaintiff in a lawsuit involving...more
In the face of opposition from business organizations, the Delaware legislature has deferred consideration, likely until the beginning of 2015, of proposed legislation (discussed in the Corporate and Financial Weekly Digest...more
Yesterday, the Massachusetts Supreme Judicial Court in Abdow v. Attorney General rejected challenges to a ballot initiative seeking the effective repeal of Massachusetts’s 2011 gaming law, directing the measure to be included...more
The Delaware state senator responsible for introducing a proposed ban on fee-shifting bylaws has instead sponsored a resolution – unanimously passed in the Delaware state senate – to delay any vote on the proposed ban until...more
Do you remember the controversy where the IRS was accused of targeting and unfairly auditing the Tea Party?
In an article Sunday from CNN’s Political Ticker by Sara Fischer, the IRS has claimed that it is unable to...more
Last month, after repeated delays and countless compromises, Sen. Patrick Leahy took the Senate’s version of comprehensive patent reform legislation off the calendar — dashing the hopes of those seeking reform without even a...more
Shortly after the indictment of Rod Blagojevich, Illinois legislators passed a number of campaign finance reform measures, including contribution limits for the first time in the state’s history and limits on independent...more
In a swift response to the Delaware Supreme Court’s May 8 opinion holding that fee-shifting bylaws are facially valid (ATP Tour v. Deutscher Tennis Bund), members of the Delaware bar, representing both plaintiffs and...more
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