News & Analysis as of

Common Ownership

Amundsen Davis LLC

Supreme Court to Consider Corporate Separateness in Calculating Trademark Infringement Damages

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The United States Supreme Court is set to take on a trademark infringement case that may have a lasting impact on the concept of corporate separateness. In Dewberry Group, Inc. v. Dewberry Engineers Inc., the Supreme Court...more

Jones Day

Common Ownership Exception Leads to Petition Denial

Jones Day on

The PTAB recently denied Trend Micro, Inc.’s (Petitioner) inter partes review petition against Open Text, Inc. and Webroot, Inc. (Patent Owners) challenging all claims of U.S. Pat. No. 8,201,243. Trend Micro, Inc. v. Open...more

International Lawyers Network

Buying and Selling Real Estate in Romania (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ROMANIAN LAW - I. Types of Real Property Transactions - A. Purchase of an undeveloped plot of land (agricultural); B. Purchase of brownfield renewable power generation...more

Lerch, Early & Brewer

He Said, She Said – The Board as Judge and Jury

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THE SCENE - You wake up on Monday morning to find 53 unread e-mails in your inbox. Pasha from unit 101 has written extensively to complain about his neighbor in unit 102 incessantly smoking this past weekend. Pasha says...more

Dechert LLP

WARN Act Decision Highlights Employment Risks for Private Equity Sponsors

Dechert LLP on

In considering whether two entities should be considered a “single employer” for purposes of the WARN Act, the Fifth Circuit concluded that “the question of de facto control is of such importance that liability might be...more

Lerch, Early & Brewer

Love it or Hate it, Your Community’s Governing Documents Reign Supreme

Lerch, Early & Brewer on

The host of Last Week Tonight with John Oliver recently made waves by criticizing common ownership community standards and enforcement actions. What John Oliver failed to mention is that associations not only have a right to...more

BCLP

Theories of Harm: Common Ownership - where the Greeks walk the world follows?

BCLP on

In this article we discuss the evolving global attention towards a less common theory of harm: common ownership. We conclude by assessing the notably bullish approach taken by the Hellenic Competition Commission (the “HCC”),...more

International Lawyers Network

Buying and Selling Real Estate in Romania (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ROMANIAN LAW - I. Types of Real Property Transactions - A. Purchase of an undeveloped plot of land (agricultural); B. Purchase of brownfield renewable power generation...more

Bilzin Sumberg

Hotel Condominiums - An Endangered Species

Bilzin Sumberg on

Hotel condominiums are created by combining hotel facilities and condominium units into a single project. They can exist as standalone buildings or part of larger vertical subdivisions. Either way, the hotel rooms are sold as...more

Cadwalader, Wickersham & Taft LLP

Breaking Up Is Hard to Do: Partition and Possible Land Mines (or What to ‘Mind’) for Lenders and Tenants-in-Common

Can you play nice and share a piece of real estate? Sharing is hard enough, but imagine jointly owning an investment property with your brother when he decides that he would like to sell and then retire in Hawaii. While your...more

Patton Sullivan Brodehl LLP

Easements and the “Merger” Doctrine

Under California’s easement “merger” (merger of title) doctrine set forth in Civil Code sections 811 and 805, an easement (or servitude) is “extinguished” by “the vesting of the right of the servitude and the right to the...more

Sheppard Mullin Richter & Hampton LLP

Nursing Homes Beware: the Government has Increased Its Scrutiny of Related Parties

The Biden Administration has expressed a deep concern about nursing home owners and related parties excessively profiting off of the residents they serve to the detriment of quality care. To address this concern, President...more

International Lawyers Network

Buying and Selling Real Estate in Romania (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ROMANIAN LAW - I. Types of Real Property Transactions - A. Purchase of an undeveloped plot of land (agricultural); B. Purchase of a buildable plot of land (with or without...more

Foley & Lardner LLP

A Divided FTC Approves Omnibus Resolutions to Step Up Enforcement Actions and Votes to Withdraw the 2020 Vertical Merger...

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Last week saw two notable competition-related developments from the Federal Trade Commission (FTC). The first relates to the FTC’s approval of eight new compulsory process resolutions in high-priority areas. The second...more

Rosenberg Martin Greenberg LLP

Pennsylvania Supreme Court Recognizes Both Enterprise Liability And Reverse-Veil Piercing As Viable Theories for Holding...

In a July 21, 2021 decision, the Supreme Court of Pennsylvania examined whether Pennsylvania recognizes the doctrine variously referred to as the “single-entity,” “enterprise,” or “horizontal liability” theory. Under that...more

Snell & Wilmer

Successor Liability Considerations When Buying or Selling Colorado Distressed Entities

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COVID-19 and the resulting economic uncertainty are adversely impacting businesses worldwide. Colorado companies that are financially distressed may be unable to survive alone and may consider reevaluating consolidation...more

Foley & Lardner LLP

Exclusive License Can Raise Obviousness-Type Double Patenting Issues

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The judicially-created doctrine of obviousness-type double patenting is one of the most vexing doctrines of U.S. patent law. In Immunex Corp. v Sandoz Inc., the Federal Circuit added another layer of complexity to the...more

Farrell Fritz, P.C.

Disputes Over Member Status Continue to Roil the LLC Waters

Farrell Fritz, P.C. on

I don’t know if empirical studies have been done comparing the relative frequency or ratio of disputes and litigation over member status in LLCs versus shareholder status in close corporations. My impression as an avid...more

McDonnell Boehnen Hulbert & Berghoff LLP

Immunex Corp. v. Sandoz Inc. (Fed. Cir. 2020)

The Federal Circuit held recently that the "all substantive rights" test, used heretofore to determine the identity of the "patentee" for purposes of satisfying 35 U.S.C. § 281, should be the standard for determining common...more

Dechert LLP

In Second Circuit, “Economic Reality” and Degree of Control to Determine Whether an “Employer” Faces “Single Employer” Liability

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In a recent decision on motions for summary judgement in the TransCare case, the SDNY bankruptcy court addressed the test for the imposition of liability under the US and New York Worker Adjustment and Retraining Notification...more

Seyfarth Shaw LLP

Federal Banking Regulators Sign Off on Volcker Rule 2.0

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On October 8, 2019, five federal agencies jointly announced that they had finalized revisions designed to simplify compliance with the Volcker Rule regulations implementing Section 13 of the Bank Holding Company Act. The...more

Farrell Fritz, P.C.

Appellate Court Rejects Claims That Sought To Overturn A Five-Lot Subdivision For Community Solar Projects

Farrell Fritz, P.C. on

A recent decision from the Appellate Division, Third Department, concerned an unsuccessful challenge to a subdivision approval for five separate community solar projects.   First – a little background information. ...more

Pierce Atwood LLP

Mass. High Court Says Not All Divisions of Land Require Planning Board Approval, Dismisses Prospect of “Wild Deeds”

Pierce Atwood LLP on

In its recent decision in RCA Development, Inc. v. Zoning Board of Appeals of Brockton (pdf), Massachusetts’ Supreme Judicial Court (SJC) considered whether a division of land into two lots accomplished solely by deeds...more

Morrison & Foerster LLP

EU Antitrust Scrutiny for Being on the Board of a Competitor?

What is at Stake? - “Common ownership” – an investor holding economic interests in different competing businesses at the same time – has been a recurring topic in antitrust debates. More recently, there have been calls in...more

Latham & Watkins LLP

5 Antitrust Trends for Private Equity to Watch

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In a continually evolving antitrust landscape, we consider five key trends that PE deal teams should be aware of. Focus on Non-Controlling Stakes in Competing Companies - Antitrust authorities are paying closer...more

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