An important aspect of any intellectual property (“IP”) due diligence effort is to evaluate how the target company has managed its relationships with its personnel and whether infringement claims could possibly arise from those relationships. Requesting and reviewing the documents that memorialize the terms and conditions under which the target company retains consultants, vets prospective […]
Management-Investor Conflict Can Lead to Costly Disruption of Business
Unfortunately, it is not unusual for the owners of a privately held business – whether it be partners of a partnership, members of a limited liability company, or shareholders of a corporation – to become embroiled in conflict over management of the company. This management-investor conflict can, at best, cause substantial disruptions to the operation […]
Can Debtor Avoid Turning Over Assets to the Bankruptcy Trustee?
Let’s say “Jane” doesn’t see a lawyer in time to orderly dissolve the company, and now Big Bank and a few other creditors are coming after her. She hasn’t found a new full time job, and she’s coming to the end of her savings. Pretty soon she won’t be able to pay her credit card […]
Copyright Act Section 203 Levels Playing Field for 1st Generation of Video Game Designers
In 1972 Atari released its simulated table tennis game, Pong. My parents purchased a copy for our family. My sister and I spent hours playing against one another. The only feature you could adjust was the speed of the ball, but we were transfixed to the television set recreating famous tennis matches we had seen […]
Conducting Effective IP Due Diligence: Digging Into The Target’s IP Assets
You’re the CEO of a software company. You’ve identified a new start-up company that claims to have developed a mobile application that could provide your company, indeed your entire industry, with an exciting new platform to deliver products and services to fast moving customers globally. Your board of directors has authorized you to move forward […]
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