Business Assets

News & Analysis as of

Sale Orders: Ignore at Your Peril, Even After the Bankruptcy Case is Closed

Bombart v. The Family Center at Sunrise, LLC, 520 B.R. 300 (S.D. Fla. 2014) – The owner of assets purchased in a bankruptcy sale sought to reopen a closed bankruptcy case to obtain an order enjoining the owner of the...more

Remote Controlled: Keeping Trade Secrets Safe While Employees Work Remotely

One of the biggest challenges the cyber-security field faces today—aside from outright hacking—is the fact that employees’ data is increasingly portable. Data portability can be a major boon for employers. For instance, it...more

Don’t Jeopardize Your Patent Rights: Best Patent Practices for Startups

For young, startup companies, the landscape of patents can be difficult to navigate. Patents are expensive and complex and require substantial time and money that are often at a premium for startup companies. At the same...more

Time for an Updated Cyber Risk Approach; BPI Data Breach

Our traditional approach to cyber risk and security has been focused on privacy and financial data. The data breach or loss concerns that typically rank high on our risk ratings are private and confidential data like names...more

Craft Brewery Intellectual Property Primer

A. Introduction - A name. It all starts with a name. A series of words, individually with little meaning, but collectively, the embodiment of creativity, passion, and inspiration. Whether the name of the craft brewery...more

New Year’s Resolution Continued: the Multi-State Non-Compete Agreement

With (most of) 2015 ahead, it is an opportune time to continue with our theme of employee non-compete agreements and resolving to review, assess and update your company’s agreements as a critical component of your ongoing and...more

Trademarks, Copyrights, and Patents: Why Business Owners Should Care About Intellectual Property

Intellectual Property, often referred to simply as IP, is a legal term covering various forms of valuable business assets. The three broad, primary areas of IP are: trademarks, copyrights, and patents....more

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held...more

New Year – Consider a Trademark Audit

A trademark is an intangible asset of the company that, like most assets, should be audited periodically. Ideally, a trademark audit examines and evaluates the strengths, weaknesses, and relative value of a company's...more

Tech Industry Bulletin

In this Bulletin: - Intellectual Property: Guidance to the Upstart Tech Company for Protecting IP Rights - Mergers & Acquisitions: Five Legal Issues Entrepreneurs Should Consider Before Agreeing To an Earn-Out...more

California Supreme Court to Review Controversial Documentary Transfer Tax Case

The California Court of Appeal recently held, in 926 North Ardmore Avenue v. County of Los Angeles, that a documentary transfer tax is triggered when a transfer of an interest in a business entity that owns real property...more

Bankruptcy Sales: “It Ain’t Over ’Til It’s Over”

Great Plains Royalty Corp. v. Earl Schwartz Co. (In re Great Plains Royalty Corp.), 520 B.R. 292 (Bankr. D. N.D. 2014) – Two companies that acquired assets in a bankruptcy auction moved to reopen the case to clarify...more

Trademark Licensees May Be Protected in a Licensor’s Bankruptcy Even After a “Free and Clear” Sale

The Bankruptcy Code generally permits intellectual property licensees to continue using licensed property despite a licensor’s bankruptcy filing. However, because the “intellectual property” definition in the Bankruptcy Code...more

Five Intellectual Property Considerations for Startups - Part I

A successful startup provides a solution to a market need. Typically, the solution involves a new or improved device or technique. As a startup defines and develops its solution, intellectual property (IP) becomes a core...more

Can A Receiver Take Over Out-of-State Assets With A California Appointment Order?

QUESTION: I am a receiver for a partnership. While most of the partnership assets are in California, I have discovered the partnership owns a storage facility in Nevada and mining equipment in Arizona. Can I take over and...more

Intellectual Property Issues for Health Care Providers - November 2014

In This Presentation: - Introduction - Intellectual Property (IP) Basics - IP Strategy - IP Encountered by Health Care Providers - Securing Ownership of IP Assets -...more

Intellectual Property Law Issues for Health Care Providers  [Video]

Whether they are aware of it or not, health care providers create, purchase and use a variety of intellectual property daily in the course of operating their businesses, sometimes leading to issues involving patents,...more

Sale Proceeds: Better Get the Carve-Out Right the First Time

In re Stacy’s, Inc., 508 B.R. 370 (Bankr. D. S.C. 2014) – A debtor sold substantially all of its assets after negotiating with its primary secured creditor for carve-outs from the sale proceeds for administrative...more

Legal Brief: Financial Dreams--Four Legal Risks of Crowdfunding Your Best Ideas

When Sunny T. wanted to launch a new line of titanium accessories, he did not get out his credit cards or call his rich uncle for a loan. He launched a Kickstarter campaign where people could contribute money to his venture,...more

Intellectual Property Basics (Updated)

You can buy or sell breakfast or a toaster without a lawyer. Business law is based on common sense. Intellectual Property (“IP”) is different. Common sense does not always apply to IP. This is dangerous because IP can be a...more

What Exactly Is A Trademark?

A trademark is the legal term for what is commonly known as a brand. It is a word, phrase, symbol or design (or any combination of these) that identifies and distinguishes the source of the goods of one party from those of...more

Intellectual Asset Management Best Practices – Part 2

In Part 1, we looked at three important steps in starting an intellectual asset management process within your organization. “Intellectual assets” can include the know-how and intellectual capital within your organization...more

Limited Liability Company Members May Be Held Liable After a “De Facto” Dissolution of the Entity

Court Of Appeal, Fourth Appellate District (October 7, 2014)- One of the advantages of the Limited Liability Company (“LLC”) structure is, not surprisingly, that it generally limits the liabilities of its Members. One...more

Divorce – Four Business Reasons for a Prenuptial Agreement

With an ongoing Oklahoma divorce case in mind last month Tilting wrote about Tigh A. Knott, his wife Lucy Knott and how a business owner’s divorce can impact his business and affect his partners. The real players were Harold...more

IP|Trend: Starting Up Your Protection of Intellectual Property [Video]

Start-ups are justifiably focused on getting products to market and ensuring that their financial runways are long enough to make it happen. But, failing to pay attention to long-term protections of intellectual property...more

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