An upcoming Supreme Court ruling could extend product royalties beyond the life of a patent, and thus have a major impact on pharma and medtech deal structures and bottom lines. This article covers what companies need to do now to prepare. Continue Reading
Delaware Expands Rights of Nonmembers of Delaware LLCs
The plain language of Section 18-802 of the Delaware LLC Act provides that “member[s] and manager[s]” have statutory authority to petition for dissolution of a Delaware limited liability company “whenever it is not reasonably practicable to carry on the business in conformity with a limited Continue Reading
A 21st-Century Approach to Litigating Valuation Issues
Delaware Chancery Ruling Offers 171 Million Reasons to Address Inherent Conflicts of Interest in Delaware Limited Partnerships
Delaware law provides that (except for the covenant of good faith and fair dealing) duties, including fiduciary duties, may be “expanded or restricted or eliminated by provisions in the partnership agreement” (6 Del. C. §17-1101(d)). A recent opinion issued by the Delaware Court of Continue Reading
The Future of Trade with Cuba
On January 16, 2015, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a final rule amending the Cuban Assets Control Regulations to implement policy changes announced by President Obama a month earlier. The amendments eased travel to Cuba for authorized purposes, raise Continue Reading
Reviving Disallowed Charitable Conservation Easement Deductions
Larry Sannicandro authors article "Reviving Disallowed Charitable Conservation Easement Deductions," which appeared in 146 TAX NOTES 449 issue. Continue Reading
5 Tips for Raising Capital for Early Stage Companies
Here are the 5 Tips: 1. Don’t give up pro-rata rights to your first investors 2. Restrict your share restrictions 3. Avoid having too many people overly involved 4. Avoid limits placed on management compensation 5. Find investors who get it Visit Venture Capital and Emerging Continue Reading
Lending to Restaurants Pitfalls in Perfecting Security Interests
Dishing Up Directors & Officers Insurance Coverage for Foodborne Illness
Directors & Officers coverage for wrongful acts by a company’s officers and directors can play an important role in defending litigation over foodborne illness, particularly in cases implicating the responsible corporate officer doctrine and wire fraud, attorney J. Wylie Donald said. In this Continue Reading
A Warning to 401(k) Plan Sponsors Relying on Third-Party Administrators (TPAs)
Even When Using TPAs, You Are Still Responsible for Proper Administration and Recordkeeping of Hardship Distributions and Loans A recent news bulletin from the IRS serves as a cautionary reminder that plan sponsors retain responsibility for the proper administration of participant hardship Continue Reading