Class certification under the Federal Rule of Civil Procedure 23 has been a complex and challenging battle for plaintiffs and defendants alike. With the shifting legal interpretation and stringent analysis, the certification process has become increasingly difficult and costly.
Patent investigations brought under International Trade Commission (ITC) have seen an upward trend in recent years. Consequently, as several types of products and components are imported in the U.S., an increase in patent litigation is also expected – a scenario that may put a large number of U.S. companies and their consumers at risk.
Trends and Developments in Distressed Debt, Restructurings and Workouts: Best Practices to Avoid Risk IssuesIwork OJT2021-06-09T23:12:52-04:00
In today's ever-evolving market economy, proper financial planning and effective risk prevention practices for businesses have been more crucial than ever. With distressed debts becoming more rampant, workouts and restructuring measures should be given more focus. Furthermore, significant court rulings under Chapter 11 of the bankruptcy code must also be followed to avoid future litigation that could result in claw-backs and fraud claims.
In order to prevent patent-licensing problems, standard-setting organizations (SSOs) have created fair, reasonable, and non-discriminatory (FRAND) terms to ensure that standard-essential patent (SEP) owners will get patent benefits without unfair bargaining. Earlier this year, as patent holders are generally free to charge the users of their patents, the developers of technical standards have agreed to license the former’s SEPs to manufacturers of standardized products at royalty rates that are fair, reasonable and non-discriminatory.
During the Covid-19 crisis, some companies had compensation plans with entirely financial metrics that would pay out at zero, while other experienced tailwinds. In both cases, many companies made adjustments to short and long-term plans to respond to the unprecedented year.
In August 2019, the American Institute of CPAs (AICPA) issued an Accounting and Valuation Guide for investment companies entitled, "Valuation of Portfolio Company Investments of Venture Capital and Private Equity Funds and Other Investment Companies". The guide provided non-authoritative recommendations and considerations when preparing and auditing financial statements. It also sought to explain fair value measurement in accordance with Accounting Standards Codification (ASC) 820 and 946.
Today's legal landscape presents a higher degree of challenge for businesses when it comes to lost profits damages calculation. The changing regulations and notable court cases constantly shape the process making it more complex as the years pass. Thus, it is also becoming more imperative for companies and their counsel to be acquainted with the legal updates and governing principles in this area of law. Adherence to the appropriate legal principles, proper defense strategy planning, and effective methodologies must be carefully considered to increase the accuracy of lost profits damages calculation.
With the ongoing economic turmoil and financial strain brought by the COVID-19 outbreak, valuation issues in Chapter 11 bankruptcy cases are expected to become more complex and challenging for companies. Because valuation plays an integral aspect in determining a Chapter 11 bankruptcy case, companies seeking reorganization during these economically challenging times must be aware of the potential issues that may arise before or during the process. Additionally, they must be in the know of the ever-changing legal revamps of a Chapter 11 bankruptcy valuation process to successfully address any potential or ongoing petition.
The Research and Development (R&D) Tax Credit program remains to be an enticing opportunity for businesses – small and large – to boost their assets. Fortunately, significant reforms have been made over the years and millions of businesses from different industries can now take advantage of its benefits.
Along with the increasing volume of commercial disputes is the emergence of various issues that continue to reshape the commercial law landscape. In this LIVE Webcast, seasoned litigators Reginald L. Snyder (Taylor English Duma LLP) and Steven Barber (Steptoe & Johnson LLP) will bring the audience to a road beyond the basics of commercial litigation.
Litigation funding has become a rapidly expanding corporate finance tool in the U.S. for companies and law firms of all sizes. Although relatively new, litigation funding is growing in use and prevalence, as it offers several significant benefits to commercial litigants and their lawyers. It can provide clients the capital they need to pursue cases while also managing cash flow and it allows law firms to share measured risk with their clients and take on more cases. With the changing legal landscape, however, funding remains often misunderstood. It’s important for litigants and lawyers to understand the ethics rules and guidelines that can impact funding and the best practices for selecting and working with funders.
Various issues have continuously affected the executive compensation landscape and impacts of COVID-19 has also added to these concerns. Because some businesses were not well-prepared to withstand the pandemic’s fallouts, the immediate response left for them to alleviate cash flow difficulties is to implement several cost-cutting measures. However, they must also become aware of the different gray areas concerning these steps. Thus, being up to date with the current and emerging legal trends is essential.
Also known as claim construction hearing, the Markman hearing is a significant proceeding in a patent infringement case. Getting it right is crucial to the success of a case.
In December 2019, the Final Regulations for Qualified Opportunity Zone Program were issued by Treasury and the Internal Revenue Service (IRS). The Final Regulations were reported in the Federal Register in January 2020 and will become final in mid-March.