The Legal BriefSelling Your Business? Get Your IP in ShapeJanuary 12, 2023 In transactions involving mergers, acquisitions, and investments, time to complete needed steps for the transaction can feel tight and compressed. Any business owners considering a transaction should consider getting their business in shape. Preparation, even before signing a letter of intent, can increase chances of a deal closing and secure your business’ value. This article focuses on steps… Michelle Wooton and Brian Jett Article Featured in ALI CLE’s The Practical Real Estate LawyerDecember 16, 2022 Jackson Kelly Members Michelle Wooton and Brian Jett recently had an article published appearing in ALI CLE’s The Practical Real Estate Lawyer, which you can find on their website, www.ali-cle.org, and it is attached here in a PDF. The article looks at 13 questions on liquidated damage remedies in real estate purchase contracts under the laws in West Virginia. NCAA Approves New Guidance for Player EndorsementsOctober 28, 2022 The NCAA’s Division I Board of Directors approved new guidance on name, image, and likeness activities. The guidelines, approved on October 26, 2022, clarify how and when schools, coaches, and staff may be involved with athletes’ endorsement and sponsorship deals. Technically, the NCAA did not approve new rules. Instead, the NCAA issued guidance intended to clarify the existing NCAA policy. “The… Trade Secrets and Patents: Which to Use?October 24, 2022 Intellectual property (IP) provides some of the largest value to many companies. But protecting that property through patents can prove to be expensive, while failing to protect some crucial IP like customer lists. In lieu of patents, many companies should consider classifying IP as a trade secret, which enjoys protection under U.S. law and can often be obtained at far lower costs. Patents require… The Rise of Consumer Class Actions: How Changes to the West Virginia Consumer Credit and Protection Act Increased Consumer Class Action Filings in West VirginiaSeptember 26, 2022 Sometimes the best intentions have entirely unforeseen consequences. This is the case with changes that were made to the West Virginia Consumer Credit and Protection Act, W. Va. Code §§ 46A-1-101 et seq. (“WVCCPA” or the “Act”). At the time, there were hundreds of individual lawsuits relating to verbal notification of attorney representation wherein plaintiffs filed suit seeking thousands of… THERE’S NO SUCH THING AS FRIENDS AND FAMILY UNDER THE SECURITIES LAWSAugust 29, 2022 There are three types of securities offerings: registered, exempt, and illegal. When raising capital for a start-up business, many entrepreneurs are very surprised to learn that there is no “friends and family” exemption under the securities laws. Often, entrepreneurs speak of raising money from a “friends and family” offering. “Friends and family” only identifies to whom the offering is made. It… NONLAWYER INVESTMENT IN THE LEGAL ECONOMYAugust 17, 2022 Our Tom Hurney, along with two other attorneys (Marta-Ann Schnabel, O’Bryon & Schnabel, PLC, New Orleans, La., and Susan Gunter, Dutton Brock LLP, Toronto, Ontario, authored a white paper, Nonlegal Investment in the Legal Economy, for DRI’s Center for Law and Public Policy. Here is the link to the full article: https://www.dri.org/docs/default-source/dri-white-papers-and-reports/abs-white-paper-f… NEW SEC MANDATORY CLIMATE DISCLOSURES COULD COME AS EARLY AS THIS FALLJuly 25, 2022 There needs to be clear rules of the road for disclosing climate risk.” SEC Chair Gary Gensler “We are not the Securities and Environment Commission – at least not yet.” Commissioner Hester M. Peirce On March 21, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed its long-awaited and groundbreaking rules intended to standardize and enhance climate-related disclosures for domestic… Should I Stay or Should I Go? You Should Probably Stay: U.S. Supreme Court Poised to Resolve Circuit Split on Effect of Bankruptcy Code § 363(m) on AppealsJuly 20, 2022 On June 27, 2022, the United States Supreme Court granted certiorari to possibly resolve the circuit split concerning the effect closing a bankruptcy sale under 11 U.S.C. § 363 has on appeals involving the sale order. MOAC Holdings LLC v. Transform Holdco LLC, 21-1270 (Sup. Ct.) In MOAC, Mall of America is challenging the bankruptcy court’s decision in the Sears bankruptcy to allow the buyer to… "'THE'" Is Now A Trademarked Word?July 11, 2022 On June 21, 2022, The Ohio State University (OSU) added to their $12.5 million-dollar annual trademark and licensing portfolio by officially receiving a registered trademark for the word “THE” from the US Patent and Trademark Office (USPTO). This does not mean every commercial use of the word “THE” must be licensed from OSU. Instead, the trademark is limited to “clothing, namely, t-shirts,… Name, Image, and Likeness: The NCAA and College Sports Landscape One Year After AlstonJuly 1, 2022 The college sports landscape changed forever on July 1, 2021, when the NCAA permitted student-athletes to earn compensation for their name, image, and likeness (NIL). Now, a year later, we look back and evaluate how this change happened; the impact of this change on the NCAA, institutions, and student athletes; and the future of NIL. Background In June 2021, the NCAA was preparing to launch a new… Federal Circuit to Consider the Patentability of AI-Created InventionsJune 23, 2022 Artificial intelligence (AI) utilizes technology to complete activities that normally require human intelligence.[1] AI technology increasingly plays a substantial role in our everyday lives, whether it be playing an online game of checkers against the computer, using an online language translator, or driving an autonomous vehicle.[2] With AI technology’s increasing prevalence, legal questions… |
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