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The PFIC Regulations Get a Facelift

On December 28, 2016, the Treasury issued final regulations (T.D. 9806) that primarily address passive foreign investment company (PFIC) ownership and reporting rules and largely adopt 2013 proposed (REG-140974-11) and...more

Year In Review: Top Five Biosimilars Deals of 2016

After another milestone year, here are our picks for the top-five biggest deals in the world of biosimilars in 2016: As we reported in January 2016, Mylan N.V. and Momenta Pharmaceuticals, Inc. entered into an...more

Mergers & Acquisitions: Trends to Watch in 2017

Canadian M&A activity rose once again in 2016, surpassing a record-breaking 2015 to become the most active year in Canadian deal-making history. In terms of deal value, 2016 will be second only to the peak of 2007....more

IP Licenses & Bankruptcy (Part 2 – Seismic Data)

What happens to a license for seismic data when the licensee suffers a bankruptcy event? In Part 1, we looked at a case of bankruptcy of the IP owner. However, what about the case where the licensee is bankrupt? In...more

Diamonds Are Forever, but Joint Ventures Are Not: Court Finds Claims Preempted by CUTSA in Business Deal Gone Bad

The holiday season is officially upon us: peppermint mochas have popped up on coffee shop menus, carols ring from department store speakers, and you can’t turn on the television without seeing at least three diamond...more

IP Licenses & Bankruptcy Laws (Part 1)

When a company goes through bankruptcy, it’s a process that can up-end all of the company’s contractual relationships. When that bankrupt company is a licensor of intellectual property, then the license agreement can be one...more

IP holding companies offer potential added protection benefits

Protecting intellectual property — from theft or misappropriation, infringement, or even from potential creditors and judgments — is a chief concern among businesses large and small and can be accomplished in a variety of...more

Terms And Conditions For Your App: 6 Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website. Originally published in Law360,...more

India and Singapore Sign MoU on Industrial Property Cooperation

The countries seek to facilitate bilateral cooperation and exchanges that encourage innovation. In a first of its kind for India and Singapore, the two countries have entered into a bilateral memorandum of...more

Make sure you get what you pay for with Independent Contractors: Pitfalls of a “Work Made for Hire” Agreement

As the owner or manager of a newly minted business, you are likely inclined to engage independent contractors to design your web site, create your marketing materials and perhaps even provide services to your clients....more

7 Secrets to Navigating International Markets

October 17, 2016 Publications By Louis Dejoie With considerable fanfare, the first U.S. cruise ship to travel from Miami to Havana in 40 years arrived in Cuba on May 2. The ocean voyage signaled to many the start of a new era...more

Court Of Chancery Explains Contract Interpretation Rules

This is an excellent primer on the rules that guide the proper interpretation of a contract. While the rules it applies are taught to first year law students, they are too often forgotten by those of us long out of school....more

Food Giants Prepare for Battle Over Trade Secret Misappropriation

On July 19, 2016, the "You Pick Two®"-famous Panera Bread filed a lawsuit in St. Louis against Papa John's, claiming that the international pizza company hired away a Panera IT executive who is misappropriating trade secrets....more

Intellectual Property Issues for Government Contractors

OVERVIEW - - Intellectual property - Types of intellectual property - Trademarks - Trade secrets - Copyrights - Patents - Data right Please see full Presentation below for more...more

Bachmanity – From Sizzle to Fizzle and Maybe Bachruptcy (Silicon Valley – Episode 24)

At its heart, Episode 24 was about relationships – from the wayward dating lives of Richard and Dinesh to Big Head and Ehrlich’s marriage of “Bachmanity”, the Pied Piper entourage found themselves faced with the messy...more

Law à la Mode: Whose Name is it Anyway?

Designing under your own name is a natural, even intuitive choice for many designers and is an established practice in the fashion industry. ...more

The History and Purpose of Trademarks

I. History - There are two generally accepted origins of trademarks: pottery marks and the branding of livestock, both of which are believed to date to about 6,000 B.C. Marks on pottery or bricks first served the...more

UK Finance Bill 2016: Royalty Withholding Tax

Domestic UK law imposes a 20% royalty withholding tax on limited types of payment and on specific categories of intellectual property. This year's Finance Bill expands the scope of intellectual property royalties that are...more

Landmark Trade Secrets Law Creates New Federal Civil Cause of Action and Compliance Obligations for All Employers

Earlier today, President Obama signed into law the Defend Trade Secrets Act (DTSA). The landmark legislation is significant. For the first time, federal civil protection is afforded to trade secrets alongside copyrights,...more

Economic Incentive Applications and Florida’s Public Records and Sunshine Law

If you are considering locating—or relocating—your business to Florida, and are interested in applying for an economic incentive, you should be aware of Florida’s Public Records and Sunshine Law, which provides that certain...more

TFTEA – Export Focus

In earlier editions of our Alert, we first summarized the new law, then addressed the intellectual property rights changes it contained, and most recently covered the organizational structure. Now, we turn to the export...more

Main Developments in Abuse of Dominance Enforcement

Latham lawyers provide an overview of recent developments in case law and practice in the field of abuse of dominance in Europe. Please see full Article below for more information....more

Steps Every Startup Should Take to Protect its Intellectual Property

Many startup entrepreneurs are not aware of California’s laws around the ownership of intellectual property. And for most, the concepts for products or services are the life-blood of a company’s operations and future....more

Hey, Can You Keep a Secret?

Non-Disclosure Agreements (variously also referred to as NDAs, Confidentiality Agreements, Secrecy Agreements, Trade Secret Agreements, etc.) (“NDAs”) can be an important form of protection for a startup venture in need of...more

City Fitness Attempts to Exercise Service Mark Rights

In a decision dismissing plaintiffs’ claims of service mark infringement, the District of Massachusetts held that the plaintiffs’ transfer of “goodwill” in an asset purchase agreement also transferred plaintiffs’ rights to...more

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