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Intellectual Property › Business Torts › Business Organization

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 24, 2013

Evan Pappas

What’s Really in your Beer Name: Trademark Protection for Craft Brewing Companies and Their Beers

by Evan Pappas on 5/15/2013

Besides the unique taste of your beer, what more than anything else helps your consumers remember the source of that fantastic beer? Obviously, your company name and probably also the name of your beer. With hundreds of...more

Fenwick & West LLP

Safeguards against Data Security Breaches (Part One) [Video]

by Robert Brownstone | Fenwick & West LLP on 3/19/2013

With data security breaches dominating the headlines and a rising number of employees taking advantage of BYOD, or bring your own device to work policies, businesses have found themselves vulnerable to targets by hackers,...more

Fenwick & West LLP

Three Key Data Retention Questions [Video]

by Robert Brownstone | Fenwick & West LLP on 1/22/2013

Your company has been sued – what do you need to consider to comply with data preservation requirements? How do you address litigation holds, ediscovery and data retention? Robert Brownstone, litigation attorney and chair of...more

Potter Anderson & Corroon LLP

In re Novell, Inc. S’holder Litig., C.A. No. 6032-VCN (Del. Ch. Jan. 3, 2013)

by Potter Anderson & Corroon LLP on 1/16/2013

In this memorandum opinion, the Court of Chancery denied defendants’ motions to dismiss with respect to Plaintiffs’ bad faith claims. The Court’s decision was based on its finding that the complaint stated a “reasonably...more

Trademark Essentials

by Matthew Blair on 1/1/2013

Trademark Essentials, Registration, TEAS, Trademark infringement, incontestability....more

Robert Freedman - Partner at Tharpe & Howell,...

When Are Witness Statements Protected As Attorney Work Product?

by Robert Freedman - Partner at Tharpe & Howell,... on 11/23/2012

One of the first things an attorney does when representing a client in a particular matter is interview witnesses to learn the facts of the case, or have an investigator do such on their behalf. The attorney will almost...more

Robert Freedman - Partner at Tharpe & Howell,...

Creating A Win-Win Relationship With Corporate Counsel

by Robert Freedman - Partner at Tharpe & Howell,... on 11/22/2012

Building strong relationships between your company’s in-house corporate counsel and outside counsel is crucial to developing trust, effective representation, and retention to meet your corporate needs. The keys to doing so...more

Peter Bauman - Senior Associate at Tharpe &...

Corporate Compliance with Licensing Requirements

by Peter Bauman - Senior Associate at Tharpe &... on 11/21/2012

Software and technology licensing fees are often tied to the number of users or devices that access an application or database. More users, or more devices, will often mean higher licensing fees. The terms and conditions...more

Peter Bauman - Senior Associate at Tharpe &...

Top 10 Business Litigation Mistakes

by Peter Bauman - Senior Associate at Tharpe &... on 11/13/2012

Litigation is an unfortunate necessity of business life. Sometimes, no matter how hard you try, it cannot be avoided. Owners and executives have more pressing things to do, but litigation sometimes is the only course, or the...more

Robert Freedman - Partner at Tharpe & Howell,...

IP UPDATE: ACTA May Need a Second Act

by Robert Freedman - Partner at Tharpe & Howell,... on 10/12/2012

The Internet has created a number of challenges for rights holders and the law. The Anti-Counterfeiting Trade Agreement (ACTA) – a plurilateral agreement that seeks to establish worldwide standards for enforcing Intellectual...more

Peter Bauman - Senior Associate at Tharpe &...

Employer Access To Employee Social Media Limited In Proposed California Law

by Peter Bauman - Senior Associate at Tharpe &... on 10/5/2012

A bill currently winding its way through the California Legislature would limit the ability of an employer to request that an employee provide access to the employee’s personal social media accounts. AB 1844 “would...more

Peter Bauman - Senior Associate at Tharpe &...

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

by Peter Bauman - Senior Associate at Tharpe &... on 10/2/2012

The industry for remanufactured printer/toner cartridges has flourished for years as users purchase replacements from third party suppliers who fill a need and offer print supplies at prices significantly lower than those...more

Robert Freedman - Partner at Tharpe & Howell,...

Warning: Strategic Business Formations Can Help Isolate Liability, But Only if Maintained

by Robert Freedman - Partner at Tharpe & Howell,... on 8/23/2012

A recent Arizona court decision serves as a reminder for businesses that have layered corporations in an attempt to isolate liabilities that they need to maintain each of these entities as if they were stand-alone companies....more

Peter Bauman - Senior Associate at Tharpe &...

Top 10 Best Practices To Maintain Trade Secrets

by Peter Bauman - Senior Associate at Tharpe &... on 8/19/2012

Under California law, Civil Code, Section 3426.1(d), trade secrets are defined: “‘Trade secret’ means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1)...more

Peter Bauman - Senior Associate at Tharpe &...

Revised Cyber Security Act 2012

by Peter Bauman - Senior Associate at Tharpe &... on 8/17/2012

Congress has been struggling with cyber security issues for several years, most recently in connection with the Cybersecurity Act of 2012 (CSA2012). CSA2012 is an attempt to protect the nation’s critical infrastructure...more

Peter Bauman - Senior Associate at Tharpe &...

Does Your Business Have Transferable Value?

by Peter Bauman - Senior Associate at Tharpe &... on 8/1/2012

Business owners may have different goals, long and short term, but often these include the sale of a business, going public or other steps that permit the owner to reap the rewards of building the enterprise by cashing out in...more

Robert Freedman - Partner at Tharpe & Howell,...

Los Angeles Competes For Regional Federal Patent Office

by Robert Freedman - Partner at Tharpe & Howell,... on 7/25/2012

Recent legislation authorized the US Patent Office to open three regional offices. A new regional office has already opened in Detroit and, according to a recent article in the Los Angeles Business Journal, numerous cities...more

Peter Bauman - Senior Associate at Tharpe &...

Warning: Strategic Business Formations Can Help Isolate Liability, But Only if Maintained

by Peter Bauman - Senior Associate at Tharpe &... on 7/20/2012

A recent Arizona court decision serves as a reminder for businesses that have layered corporations in an attempt to isolate liabilities that they need to maintain each of these entities as if they were stand-alone companies....more

Peter Bauman - Senior Associate at Tharpe &...

Ignorance Not Bliss: Cyber Risk Management Found Lacking

by Peter Bauman - Senior Associate at Tharpe &... on 7/19/2012

Despite increasing cyber attacks, significant losses from operational downtime, and further governmental regulation, companies are still not taking measures for basic responsibilities for cyber governance, or even securing...more

Robert Freedman - Partner at Tharpe & Howell,...

Top 10 Best Practices to Maintain Trade Secrets

by Robert Freedman - Partner at Tharpe & Howell,... on 5/22/2012

Under California law, Civil Code, Section 3426.1(d), trade secrets are defined: “‘Trade secret’ means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1)...more

Ryan Siney

Ten Simple Legal Rules for Business Owners

by Ryan Siney on 4/20/2012

Follow these ten simple rules to avoid or reduce potential legal liability. ...more

Katten Muchin Rosenman LLP

Court Applies Alter Ego Doctrine to Deny Motion to Dismiss For Lack of Personal Jurisdiction

by Katten Muchin Rosenman LLP on 3/20/2012

An Arizona district court recently relied on the alter ego doctrine to deny a motion to dismiss for lack of personal jurisdiction in a case involving breach of a partnership agreement and trademark infringement. The...more

Ryan Siney

Using UDRP Arbitration to Squash Typosquatters

by Ryan Siney on 9/20/2011

An introduction to the Uniform Domain Name Dispute Resolution Policy. This article originally appeared in the Maryland Bar Association Bar Bulletin....more

Craig Greene

Advocate's Edge Newsletter focusing on Business Damages

by Craig Greene on 5/1/2011

Purchasing fraud is one of the most prevalent forms of occupational theft, but forensic accountants can help businesses detect and stop it. And, as one recent court case illustrates, valuation experts using sound methodology...more

Enforceability of Non-Competition Agreements Under Ohio Law

by Aaron Minc on 12/5/2010

In my post last week about the risks and liabilities of under taking fundamental changes to a business without proper legal advice, I glazed over an important issue covered in the AmericareHealthcare Servs. v.Akabuaku, 2010...more

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