Inside M&A - September/October 2011

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In This Issue:

Selecting a Company Name: A Trademark Lawyer’s Perspective and

Employee Rights When Buying Parts of an Insolvent Company in Germany

Selecting a Company Name: A Trademark Lawyer’s Perspective

by Jennifer M. Mikulina

If you are planning to select a new company name for company operations after a transaction closes, checking the Secretary of State records is not the only step necessary to confirm that the proposed name is available. A company’s name is often its most important brand, and it is advisable to enlist the assistance of a trademark lawyer in order to assess the risk of a third-party challenge and to determine if the new name is available for federal trademark or service mark registration.

Employee Rights When Buying Parts of an Insolvent Company in Germany

by Paul Melot de Beauregard

Employee rights issues arising from M&A transactions in Germany can be difficult to navigate. Compared to the United States and most other regions, Germany has a high level of employee protection, resulting from a number of statutes which put multiple layers of protection over an employment relationship. While employee rights issues arising from M&A transactions in Germany may be difficult to oversee, they rarely deter companies from pursuing a transaction; however, employee issues play a major role in most acquisitions and carve out situations, so understanding the nuances of the German employee protection laws can help to ensure a smooth transaction.

Please see full article below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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