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.
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.
Synthetic identity fraud remains to be a vexing problem for many financial institutions and organizations today. With its widespread impact and continuing proliferation, it is considered one of the fastest-growing types of financial crimes in the U.S. Significantly, without a comprehensive understanding of synthetic identity fraud, detection can become an increasingly difficult task. Although banks and other companies have been investing in technologies that offer help, financial crimes continue to surface, chiefly due to the lack of solutions that focus on detection and prevention.
Trends and Developments in Admiralty and Maritime Claims and Litigation: Hot Buttons to Know and ConsiderIwork OJT2021-07-13T04:33:21-04:00
For the past years, the admiralty and maritime claim litigation have undergone several significant changes. Key factors that drive these developments include the increasing claims involving problems from the industry’s constantly changing regulatory landscape. Additionally, crucial problems such as issues on the law of overseas seizures, distinction conflicts on the British-American rule of maritime law, and the evolving impact of Jones Act in the US Maritime industry compel immediate resolutions.
As with many other industries, the cannabis sector has been disrupted significantly by the COVID-19 pandemic. Companies in the cannabis space must sharpen their knowledge of M&A deals, tax events, recapitalizations, and other financial transactions that might be on the table a result of the crisis.
The COVID-19 pandemic is drastically affecting today’s global economy. Because of temporary closures and disrupted supply chains and sales, businesses today are confronted with profound income losses. This fallout has prompted an upsurge in business interruption insurance claims. Whether standard commercial policies provide coverage for virus-related income loss is hotly contested, however. Likelihood of recovery on such claims will depend on the terms and conditions of individual policies, as well as ongoing developments in litigation and legislation.