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Alex Allemann

Start-Up Studios – Another Path For Entrepreneurs

One of the most rewarding aspects of practicing corporate law is the opportunity to represent a business from start-up to successful liquidity event. While a business will face challenges throughout this life-cycle, some of…more

Angel Investors, Entrepreneurs, Funding, IPO, Startups

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Zachary Allie

This Week’s Starting Lineup Brought to You by the NLRB

After a disappointing Saturday loss, a college quarterback returns to practice Monday to find his coach ready and willing to revisit the weekend and remind the quarterback that his starting position and scholarship are on the…more

Employee Rights, Football, NLRB, Northwestern University, Scholarships

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Frank Amini

Early Assignment of your Invention as a Method to Maintain Priority Rights in a European Patent Application

The European Patent Office (EPO) has been a desirable venue for seeking patent protection in Europe. For instance, a patent application granted by the EPO can provide patent protection in many European countries, such as the…more

Assignment of Inventions, EPO, Foreign Priority Applications, Inventors, Patent Applications

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Cathryn Berryman

Cloud Computing: Healthcare Issues in a Digital Age – (Part Two)

Hospitals and health care providers must often look to third party vendors offering cloud computing solutions, but are these companies well-prepared to meet the HIPPA/HITECH Act privacy and security requirements as well as other…more

Breach Notification Rule, Cybersecurity, Cybersecurity Framework, Data Breach, Healthcare

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Marcus Brown

NLRB’s Decision Allowing Northwestern University Football Players to Unionize May Have Significant, and Perhaps Unintended, Consequences

On March 26, 2014, Region 13 of the National Labor Relations Board (Chicago) held that Northwestern University football players are employees of the university and have the right to unionize. Relying on the broad common law…more

College Athletes, NLRA, NLRB, Unions

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Sangeeta Cheema

The Global Patent Prosecution Highway – Global Protection on a Budget

Patent prosecution can be a slow and expensive process. A business or an applicant may wish to accelerate the process of procuring a patent for a number of reasons including, engaging in enforcement activity and reducing…more

Patent Litigation, Patent Prosecution Highway, Patents

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Polin Chieu

Patent Trolls, Defensive Groups, and Pooling

A common topic of patent reform discussions are patent trolls. Patent trolls, who often gather patent portfolios and assert patents against others in an effort to collect licensing fees or patent infringement damages, are often…more

Patent Reform, Patent Trolls, Patents

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Lorin Combs

Preparing for the Worst: Texas SNDAs get lenders, landlords and tenants on the same page in the event of foreclosure

Subordination, Non-Disturbance and Attornment agreements (SNDAs) allow lenders, landlords and tenants to collectively plan for the worst case scenario — foreclosure. In the event of foreclosure and in the absence of an SNDA,…more

Foreclosure, Landlords, Lenders, SNDAs, Subordination

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Greta Cowart

The First Pieces of Health Reform's Pay or Play Penalty Puzzle

Early this week the Internal Revenue Service and Department of Treasury (the “IRS”) issued the first piece of the Affordable Care Act (“ACA”) penalty imposition jigsaw puzzle. It then followed up with 46 FAQs on the same…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, IRS

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Adam Dougherty

N.D. of Texas – Attendance is an Essential Job Function

The Northern District of Texas has issued a fantastic opinion for employers concerning a recurring question under the ever evolving Americans with Disabilities Act (“ADA”). Specifically, whether attendance can be an essential…more

ADA, Attendance, Disability, Essential Functions

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Trek Doyle

Defending Nonsubscriber Lifting Injuries – Part IX – “Foreseeability”

In addition to proving “but for” (a.k.a., cause-in-fact) causation, the plaintiff must also prove as a separate element of causation that the injury was foreseeable to the defendant. In general, to prove foreseeability, the…more

Bodily Injury, Employer Liability Issues, Foreseeability, Negligence, Workplace Injury

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Anthony Eppert

The First Pieces of Health Reform's Pay or Play Penalty Puzzle

Early this week the Internal Revenue Service and Department of Treasury (the “IRS”) issued the first piece of the Affordable Care Act (“ACA”) penalty imposition jigsaw puzzle. It then followed up with 46 FAQs on the same…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, IRS

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Andrew Fono

Waste Disposal - A Case Study: Tolls to Help Mitigate Critical Risks

In This Presentation: - I. Case Study – What Should Happen - II. Case Study – What Really Happened - III. TCEQ Regulatory Enforcement - IV. TCEQ Regulatory Outcome - V. Generator's Response - VI. Legal…more

Hazardous Substances, Landfill Waste, Risk Management, Safety Violations, Waste

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Thomas Forestier

Diversity at Law Firms in the Post-Recession Era

Law firms’ efforts to achieve diversity in their ranks, especially at the partner level, began as long ago as the early 1990s. They ramped up in the early 2000s as many firms invested heavily in programs designed to recruit and…more

Big Law, Diversity, Recessions, Recruitment Incentives

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Nancy Furney

The First Pieces of Health Reform's Pay or Play Penalty Puzzle

Early this week the Internal Revenue Service and Department of Treasury (the “IRS”) issued the first piece of the Affordable Care Act (“ACA”) penalty imposition jigsaw puzzle. It then followed up with 46 FAQs on the same…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, IRS

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Gabriel Gutierrez

SEC to Vote on Crowdfunding Proposal to Ease Investor Verification Requirements

On October 23, 2013, the United States Securities and Exchange Commission (the “SEC”) is expected to vote on a SEC proposal that would ease investor verification requirements under the crowdfunding rule. The crowdfunding rule,…more

Crowdfunding, General Solicitation, Investors, JOBS Act, SEC

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David Jackson

The First Pieces of Health Reform's Pay or Play Penalty Puzzle

Early this week the Internal Revenue Service and Department of Treasury (the “IRS”) issued the first piece of the Affordable Care Act (“ACA”) penalty imposition jigsaw puzzle. It then followed up with 46 FAQs on the same…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, IRS

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David Johnson

Suit To Modify Trusts Did Not Violate No Contest Clause

Texas courts narrowly construe no-contest clauses. In Di Portanova v. Monroe, grandparents set up eight trusts for a grandchild that had a mental disability. No. 01-20-01019-CV, 2012 Tex. App. LEXIS 9859 (Tex. App.—Houston [1st…more

Beneficiaries, Disability, Estate Planning, Executors, Mental Illness

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Jeanne Marie Katz

A Few Thoughts After “Frankenstorm”

The major impact that Hurricane Sandy had on the East Coast is a good reminder of the importance of the maintenance of sufficient insurance. All condominium projects in Texas (whether they operate under the current Uniform…more

Condominium Associations, Condominiums, Hurricane Sandy, Liability Insurance, Property Damage

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Charles Lansden

Let’s attract more Chinese investment: State and local success in attracting Chinese firms can be supplemented

As Chinese direct investment through acquisitions and greenfield development in the U.S. continues on its upward trajectory, North Carolina is securing a noteworthy share of the activity. According to the China Business Monitor…more

China, Foreign Investment

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Kathy Lindauer

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

Disclosure, Patents, Trade Secrets

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Holly Magliolo

Preparing for the Worst: Texas SNDAs get lenders, landlords and tenants on the same page in the event of foreclosure

Subordination, Non-Disturbance and Attornment agreements (SNDAs) allow lenders, landlords and tenants to collectively plan for the worst case scenario — foreclosure. In the event of foreclosure and in the absence of an SNDA,…more

Foreclosure, Landlords, Lenders, SNDAs, Subordination

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Keith Mullen

OCC’s Commercial Real Estate Lending Handbook: Misses the List on Legal Issues

Over the last few weeks, I’ve commented on the new version of the OCC’s Commercial Real Estate Lending Handbook (I give it a gentlemen’s C); and I listed a few legal topics that deserve some guidance from the OCC. …more

Banks, Commercial Real Estate Market, Handbooks, Lenders, Loan Documentation

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Cheryl Murray

What We Need to Do to Comply with the Final HIPAA Rule: A Summary of the Privacy Obligations for Health Care Providers, Health Plans, Business Associates and their Subcontractors

On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the highly anticipated Omnibus Rule, which makes extensive changes (as promulgated by the Health Information Technology for Economic and…more

Business Associates, Data Breach, Data Protection, HHS, HIPAA

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Lori Oliphant

IRS Announces Deadline to Amend Retirement Plans for Same-Sex Benefits

On April 4, 2014, the Internal Revenue Service (the “Service”) published Notice 2014-19, in which it describes amendments required to be made to retirement plans qualified under Section 401(a) of the Internal Revenue Code of…more

IRS, Retirement Plan, Tax Benefits

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Michael Pham

Protection against Business and Legal Risks from the iPhone 5s Security Vulnerabilities

The iPhone 5s debuted with a list of new features designed to enhance its users’ experience. Among the list is Touch ID, a form of biometric security that allows users to lock and unlock their iPhone with their fingerprint. It…more

Apple, Biometric Information, Information Security, iPhone, Mobile Devices

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Joseph Regan

Contractual Venue Provision Was Enforceable

In In re Mark Fisher and Reese Boudreaux, the Texas Supreme Court held that a contractual venue agreement was enforceable and overrode the statutory venue requirements for the plaintiff’s claims, including tort claims. The…more

Choice-of-Venue, Contract Interpretation, Venue

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Karl Seelbach

DOMA Concerns for Nonsubscribers, What You Need to Know Now.

On June 26, 2013, the United States Supreme Court issued a historic 5-4 decision that impacts how federal law is applied to same-sex couples. In United States v. Windsor, the Supreme Court held that Section 3 of the 1996 Defense…more

DOMA, IRS, Nonsubscribers, SCOTUS, Tax Benefits

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Robert Shaddox

Intellectual Capital Development for Technology Companies, Cost Effective Adjunct to IP

The term Intellectual Capital means different things to different people even in the technology space. For business planning purposes, intellectual capital should be recognized as more than patents, copyrights, and other forms…more

Business Development, Human Resources Professionals

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Kristi Stotts

The Fiscal Cliff for Condominium Developers

Heard enough about the fiscal cliff? Condominium developers should take into consideration the potential liability for assessments on developer owned condominium units when structuring condominium regimes to avoid their own…more

Condominiums, Financing, Fiscal Cliff, Land Developers, Tax Assessment

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Nicholas Wittich

JOBS Act: Confidential Submissions

The Jumpstart Our Business Startups Act (the “JOBS Act”) was signed into law to facilitate capital raising by reducing certain initial public offering (“IPO”) and reporting requirements for Emerging Growth Companies. An…more

Confidential Information, Emerging Growth Companies, IPO, JOBS Act, SEC

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