The Corporate Lawyer

The newsletter of the ISBA’s Corporate Law Departments Section

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2013 Articles

The dangers corporations face with assignments of intent-to-use trademark applications By Robert A. Cohen December 2013 The Lanham Act has very strict rules concerning the assignment of intent-to-use trademark applications. A recent precedential TTAB decision confirms that these rules apply to assignments between independent companies, as well as parent-subsidiary families.
Designating an attorney as a FRCP 30(b)(6) or Ill.S.Ct. Rule 206(a)(1) deposition witness By R. Stephen Scott & Pamela E. Hart February 2013 There appears to not be a bright-line rule to designate an attorney to serve as the 30(b)(6) witness for a corporation. It is a case-by-case analysis, with preference given to knowledgeable corporate executives to protect the attorney-client privilege.
Employer responsibilities under the Patient Protection and Affordable Care Act By Bernard G. Peter December 2013 Compliance with the Act, or at least making a good-faith effort to comply with the Act, could save employers time and expense should the employer or the employee benefit plans of the employer be audited.
FRCP 12(c) - Motion for judgment on the pleadings: A useful tool for both plaintiffs and defendants By Stanley N. Wasser November 2013 Given that a computer research search for “12(c)” federal cases this year to date turns up over a thousand case citations, having a good handle on when to use or how to defend against a Rule 12(c) motion is something that federal court practitioners should seriously consider.
Insurance coverage for IP-related business claims By Dale R. Kurth May 2013 It is important to have some understanding of what is covered, what is not, and what the basics of making an insurance claim are.
The Internet is expanding—Four things your clients need to know By Jordan A. Arnot August 2013 This article explains how the Internet is changing, and what you and your clients need to do right now to avoid the embarrassing consequences of missing the boat.
Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff December 2013 Read more about this important program and sign up to become a mentor today!
Municipal bankruptcy: Detroit and its impact on other major cities By Reilly Paul November 2013 The judgment on Detroit’s bankruptcy is still out, but, negative or positive, the largest municipal bankruptcy in history has certainly changed the way that American cities will handle financial crises now and into the future.
New automated opt-out, text message and pre-recorded telemarketing rules to take effect in 2013 By Andrew M. Smith & Julie O’Neill February 2013 Businesses that engage in telemarketing—including the delivery of text messages that contain marketing content—should assess their practices to determine whether any changes are necessary in response to the revisions to the FCC’s rules.
Open for business: How to use economic development incentives to boost profit By William D. O’Donaghue May 2013 With 12.1 million people unemployed nationally, states are bidding against one another to attract and retain business.
Supreme Court invalidation of DOMA provisions may require retirement and health plans to extend spousal benefits to Illinois civil union partners; May extend federal tax benefits By Adam M. Fleming August 2013 In light of the U.S. Supreme Court’s recent landmark decision in U.S. v. Windsor, which invalidated Section 3 of the federal Defense of Marriage Act, the full ramifications of the Supreme Court’s holding are just beginning to come into focus.
Third-party litigation financing and the legal job market By Austin Borton November 2013 TPLF is an outside finance company or hedge fund which infuses capital for litigation in exchange for a share of a plaintiff’s settlement or verdict. Essentially, these finance companies are turning the legal world into a stock market, by investing in litigation.