Finance & Banking Intellectual Property

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8 Legal To-Dos Before Your First Investment

So, you’re about to raise money for the first time. Good luck! Before you start approaching VC firms for pitch opportunities, though, be aware that investors typically expect a certain amount of organization and structure...more

Greetings! Use of the PowerPoint Is Trade Secret Misappropriation

Hallmark Cards, Inc. v. Monitor Clipper Partners, LLC - The U.S. Court of Appeals for the Eighth Circuit affirmed a district court’s decision holding that a private equity firm had misappropriated confidential...more

U.S. Bancorp v. Solutran, Inc. (PTAB 2014)

In the weeks since the Alice Corp. v. CLS Bank Supreme Court decision, we have been watching patents and applications fall left and right due to use of that case's more stringent test regarding patent-eligibility. This test...more

Security Interests in Intellectual Property and Related Issues in Bankruptcy

Intellectual property (“IP”) can act as collateral to be pledged to secure an extension of credit. For example, a company that borrows money from a bank can pledge its patents as collateral for the loan. The bank (referred...more

Termination and Reversion of Copyright Grants and the Termination Gap Dilemma

The 1976 Copyright Act (the “Act”) has been in effect since January 1, 1978. Since that time, the Act has provided authors (and some heirs, beneficiaries, and representatives) with the right to terminate prior grants of their...more

Lawsuit Regarding Computer-Generated Advice to 401(k) Participants Revs Up Against Financial Engines

Last week, in a complaint dated August 8, 2014, plaintiffs commenced a lawsuit in the US District Court for the Eastern District of Texas against Financial Engines, Inc. and Financial Engines Advisors L.L.C. asserting a...more

Venture Capital Firm Liable For "Aiding And Abetting" Breach Of Fiduciary Duty

A recent case in the California Court of Appeals underscores the dangers that await venture capital firms brave (or foolish) enough to fund companies in the midst of internal disputes. In American Master Lease LLC v Idanta...more

Creating Fake Customer Reviews Site Could Be False Advertising and Trade Libel

As evidenced by the success and robust market capitalization of the consumer review site Yelp, Internet users are increasingly turning to "regular people" as a lodestar for whether to purchase goods or services. This is...more

A World Without Patents?

Planet Money’s recent podcast interviews two economists who advocate for the ultimate patent law reform: the abolition of patents. They argue that patents inhibit innovation. For example, the Wright Brothers...more

Sudden Impact

I was once interviewed live on Bloomberg radio at some god-awful hour in the morning, following a 30% drop in the share price of Ely Lily resulting from a negative decision in a patent case by the U.S. Court of Appeals in the...more

FCPA Compliance and Ethics Report-Episode 72-interview with Michael Rasmussen [Video]

In this episode of the FCPA Compliance and Ethics Report, I interview Michael Rasmussen, the GRC Pundit. As the man who coined the phrase 'GRC' Michael is one of the country's top GRC experts. He talks about the recent OCEG...more

Fees for Recording IP Security Agreements with the USPTO and USCO

In financing transactions, such as loans or securitizations, lenders will typically take a security interest in the borrower's assets pledged as collateral, including any United States intellectual property ("US IP") assets,...more

Corporate & Tax E-Note - June 26, 2014

In This Issue: - SBA Ups Size Standards, Allowing 8,400 Firms to Become Small Biz - Auditors Want to Limit Reporting of 'Critical Audit Matters' - House Approves Permanent Extension of Small Business Tax...more

Real Property Investment Vehicles Have Intellectual Property Too

The terms “intellectual property” and “real estate” are rarely found in the same sentence. Real estate industry veterans generally view “property” as an asset comprised at least partly of dirt. But real estate investment...more

Emerging Companies - Germany

"INVEST" - Changes in the Government backed program for venture funding - Last year the German Government introduced a program to support venture seed and pre-seed investments into innovative start-ups from private...more

Financing with IP Collateral

In a recent guest post on the Patently-O blog by Dennis Crouch, William Mann, an assistant professor of finance at the Anderson School of Management, UCLA, notes the explosion in USPTO filings that record a creditor’s...more

Trade & Manufacturing - June 2014

In This Issue: - Debate Swirls As Deadline Approaches For Export-Import Bank Reauthorization - House Approves Bill to Make R&D Tax Credit Permanent - China Issues New Policy to Boost Foreign Trade - U.S....more

Explore - Insights from the DLA Piper Mining Sector

In This Issue: - Editorial - About our Mining Sector - Seismic Shift - A Whole New Ball Game – Coal Sales in China - OHADA – What Foreign Investors Need to Know - Breaking the Drought – the...more

The Fact and Fiction of Non-Disclosure Agreements

Entrepreneurs looking for angel or venture funding, or a strategic partnership, rely on Non-Disclosure Agreements, or NDAs, to protect their trade secrets, shield employees from poaching by the other parties, and keep...more

What’s In Your Wallet, a Cafe?

Since 2000, Capital One Financial — the nation’s largest direct bank – has been promoting its credit card services by asking What’s in Your Wallet? Three years later it began promoting banking and other financial services...more

Startups seeking crowdfunding: Avoiding patent pitfalls

Many startup companies want to change the world with their great new ideas – but, in an effort to raise funds, some jeopardize their ability to protect those great new ideas with patents. This doesn’t have to happen. With a...more

Is Your Intellectual Property House In Order?

When a company is seeking an infusion of capital, a loan, is involved in merger and acquisition (M&A) discussions, or considering an initial public offering (IPO), invariably an investigation of the intellectual property...more

New York Considers Changes to Proposed ERM and ORSA Regulation

Based on industry comments, the New York Department of Financial Services (the “NYDFS”) is strongly considering making a number of changes to its proposed Regulation 203, concerning Enterprise Risk Management (“ERM”) and Own...more

Trade Secrets: What an investor or acquirer will want to know.

If you are thinking about raising capital or selling your company, one of the most important questions that the investor or acquirer will want to know is whether you own your IP. One critical part of this is protecting your...more

Intent-to-Use Trademark Applications and Security Agreements

In financing transactions, such as loans or securitizations, the lender who provides the financing will typically take a security interest over the assets pledged as collateral against the borrower's compliance with its...more

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