The Seventh Circuit Court of Appeals recently addressed in In re XMH Corp., 647 F. 3d 690 (7th Cir. 2011), whether or not trademark licenses are assignable in bankruptcy proceedings. In its ruling, the Court held that a trademark license may not be assigned by a licensee in a bankruptcy proceeding unless there is
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Has Your Company Adopted and Implemented Appropriate Electronically Stored Information (ESI) Preservation Procedures?
By Jordan A. Fisch & Wylie D. Van Ness on
Posted in General Business Information, Recent Developments
Recently, the importance of adopting and implementing appropriate safeguards for the protection and preservation of electronically stored information (“ESI”) was addressed in Chura v. Delmar Gardens of Lenexa, Inc., No. 11-2090-CM-DJW, 2012 U.S. Dist. LEXIS 36893 (D. Kan. Mar. 20, 2012). In Chura, the Court ordered an evidentiary hearing to discuss the defendant’s failure…
Changes Made to Hart-Scott-Rodino Premerger Notification Rules Increase the Reporting Burden on Certain Investors
By Jordan A. Fisch & Wylie D. Van Ness on
Posted in Recent Developments
On July 19, 2011, the U.S. Federal Trade Commission (the “FTC”) and the U.S. Department of Justice, Antitrust Division (the “DOJ”) issued a Final Rule Publication with respect to a number of revisions (the “Revisions”) to the Hart-Scott-Rodino Premerger Notification Rules (“HSR”). The Revisions became effective on August 18, 2011.
The FTC and the DOJ…
Supreme Court Issues Decision in Securities Fraud Case
By Wylie D. Van Ness on
Posted in Securities Laws and Regulation
On June 13, 2011, the United States Supreme Court rendered a decision in the Janus Capital Group, Inc. v. First Derivative Traders, No. 09-525. In a 5-4 decision, the Court held that a mutual fund’s investment adviser cannot be held liable for securities fraud under Rule 10b-5 over false statements in a mutual fund’s…
New Bills Aimed At Improving New Jersey’s Corporate Governance Statutes
By Wylie D. Van Ness on
Posted in Legislation
On September 15, 2008, the New Jersey Assembly and Economic Development Committee released a package of seven bills aimed at improving New Jersey’s corporate governance statutes. Since that date, all of the bills have been passed by the entire Assembly, and four of the proposed bills have been signed into law. The remaining bills, have…