By: Erin E. Kaprelian On June 24, 2019, the Supreme Court handed down its decision in Iancu v. Brunetti, addressing whether, in light of its previous holding in Matal v. Tam, the Lanham (Trademark) Act’s prohibition on registration of “immoral” and “scandalous” trademarks represents a violation of the First Amendment. Six justices joined the majority…
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By: Dillon J. Ambrose The Supreme Court recently decided a very narrow issue related to maritime tort law, though widely affecting marine manufacturers, guided in part by a maritime principle of “Solicitude for Sailors.” The Supreme Court charted new waters (sorry) by finding that a manufacturer has a duty to warn when it sells a…
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By: Sherry D. Coley and Tiffany E. Woelfel Toys “R” Us, Payless, The Limited, Bloomingdale’s, Sears, Shopko. Almost every month brings news of another large company declaring bankruptcy. But what happens to you if you are currently a business partner to a company that declares bankruptcy? How are your rights affected? This article will address…
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By: Timothy J. Feldhausen Clients often ask if the terms of an existing contract can be amended if all the parties agree to the revision. Contracts are amended all the time. Circumstances change. Business parties evolve and priorities shift. As long as all the parties agree to the change, you can “chart a new course”…
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By: Michael Van Someren and Danielle S. Snyder A sale-leaseback transaction is a type of transaction in which an operating company that owns its own real estate, either directly or through a related entity, sells the underlying real estate to a third party real estate investor and enters into a triple-net lease with the investor. …
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By: Ann M. Rieger During last year’s holiday season, the 2017 Tax Act provided a gift in the form of increases to the amounts that could be transferred without incuring federal estate, gift or generation skipping taxes. The exempt amount was increased from $5 million to $10 million per person. After applying inflation indices, the…
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By: Mark G. Kmiecik On November 15, 2018, the IRS released the 2019 inflation adjustments for several tax provisions in Rev. Proc. 2019-57. The adjustments apply to tax years beginning in 2019 and transactions or events occurring during the 2019 calendar year. With respect to estates and trusts, below are select key provisions and amounts for…
Read Full ArticleBy: Davis|Kuelthau’s Intellectual Property Team Hot on the heels of the Court of Appeals for the Federal Circuit (CAFC) ruling that patent trial discovery conduct can result in the invalidating an otherwise valid patent (Regeneron Pharmaceuticals, Inc. v. Merus N.V. (Fed. Cir. 2017)), the CAFC held on June 11, 2018 that a failure of one…
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By Dillon J. Ambrose & Laurie E. Meyer In Wisconsin Bell v. Labor and Industry Review Commission, et al., decided on June 26, 2018, the Wisconsin Supreme Court made substantial changes to the burden of proving employment discrimination under the Wisconsin Fair Employment Act (“WFEA”). In doing so, the Court departed from a long line…
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On June 22, 2018, the Supreme Court issued its ruling in WesternGeco LLC v. ION Geophysical Corp. This case centered around the question of whether, under the damages provisions of the Patent Act, a patent owner can recover for lost foreign profits when components of a patented invention are shipped overseas for assembly and use….
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