The BE-10 Benchmark Survey of U.S. Direct Investment Abroad is a mandatory survey conducted once every five years by the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to obtain current economic data on direct foreign investments by U.S. persons or businesses (U.S. Reporters). Continue Reading
True Colors Shining Through: Update on Protection for Product Packaging
Brands have long struggled to protect product and packaging designs from competitors and copycats seeking to trade on their looks. But even after committing significant resources to creating a design that will resonate with the public, companies may find it hard to convince the U.S. Patent and Continue Reading
COVID-19 Labor & Employment Frequently Asked Questions
As the COVID-19 pandemic expands, disrupting lives of everyone around the globe, employers should keep a few guiding principles in mind. Keep up with and follow the best public health advice available. The Centers for Disease Control and Prevention (CDC) has guidance for businesses here; state Continue Reading
SBA Provides Answers to PPP Loan Forgiveness in Newly Released Forgiveness Application
The Paycheck Protection Program (“PPP”) has provided more than half a trillion dollars in potentially forgivable loans to small businesses trying to weather the medical and economic storm caused by the COVID-19 pandemic and the efforts to control and contain it. As a part of the CARES Act, the PPP Continue Reading
Some Brands Have All the Luck
The Supreme Court has now resolved a nearly 20-year legal battle between Lucky Brand Dungarees and Marcel Fashions Group over their respective trademarks. The ruling is important to trademark owners because it reinforces how changes in trademark use over time and the likelihood of confusion between Continue Reading
Pennsylvania Supreme Court Decision Can Assist Policyholders in Their Insurance Coverage Claims for COVID-19 Losses
The Pennsylvania Supreme Court recently issued an Opinion that, although unrelated to insurance, provides helpful language to which policyholders and their counsel likely will cite in support of arguments for insurance covering business interruption losses related to the pandemic. In Friends of Continue Reading
THE INVENTINATOR: May AI “Inventors” Get Patents?
For decades, authors and filmmakers have contemplated the challenges and opportunities presented when machines take on humanlike capabilities. In 1984, James Cameron sent us the Terminator, a cyborg created by SkyNet, an artificial intelligence (AI) system that became self-aware and sent its Continue Reading
Congratulations, You Got Your PPP Funds! Now What?
The federal government has committed $670 billion dollars in forgivable loans to small businesses under the Paycheck Protection Program (“PPP”), which was part of the Coronavirus Aid, Relief, and Economic Stability Act (the “CARES Act”). Under the PPP, eligible small businesses have been able to Continue Reading
Court of Chancery Confirms Treatment of Certain Pre-Suit Correspondence as a Derivative Litigation Demand
“Delaware’s common law of corporations makes it clear that when a stockholder makes a demand upon the company board to take legal action, she is conceding that the directors are able to bring their business judgment to bear to consider that demand.” In Mancine Dahle, et al. v. John C. Pope, et al., Continue Reading
Go and Breach No More: Court of Chancery Addresses Specific Performance
In Alliance Compressors LLC v. Lennox Indus. Inc., the Court of Chancery held that monetary damages and declaratory relief would be sufficient to remedy the alleged harm in question. In this case, plaintiff Alliance Compressors LLC (“Alliance” or “Plaintiff”) was formed by large air conditioner Continue Reading