Strasburger Business & Law News

Jury Deliberation of Evidence for Future Damages in Patent Cases. Ripple Effect of 2006 U.S. Supreme Court Decision.

Mon, 22 Sep 2008 09:00:00 GMT

Jury Deliberation of Evidence for Future Damages in Patent Cases. Ripple Effect of 2006 U.S. Supreme Court Decision. by Richard D. Fladung
Permanent injunctions against patent infringers are no longer considered a matter of course but are being analyzed according to the 2006 U.S. Supreme Court decision entitled <em>eBay Inc. v. MercExchange</em>, 547 U.S. 388. When a patent owner cannot satisfy the eBay four-factor test, courts are awarding future damages in lieu of a permanent injunction. Applying the eBay four-factor test, a patent owner must demonstrate....

Drafting Letters Of Intent

Thu, 18 Sep 2008 09:00:00 GMT

Drafting Letters Of Intent by Steven P. Watten
Letters of intent and their benefit to structuring transactions have been debated for years. While they are commonly used, lawyers generally advise their clients to avoid them because they are usually drafted hastily by laymen and, if not properly drafted, could have significant adverse legal consequences....

Exporters Beware: U.S. Government Significantly Steps Up Enforcement Efforts

Thu, 26 Jun 2008 09:00:00 GMT

Exporters Beware: U.S. Government Significantly Steps Up Enforcement Efforts by Douglas N. Jacobson , Mark J. Andrews and Laura Martino
Earlier this year, a Minnesota company was hit with $800,000 in criminal and civil penalties for omitting certain facts in license applications submitted to the U.S. Department of Commerce′s Bureau of Industry and Security (BIS) for the export of seismic testing equipment to India. These penalties were assessed for violations of the Export Administration Regulations (EAR), which impose licensing requirements and other controls on the export of controlled goods, software and technology. Last year, the maximum penalty would have been $122,000 for the same infractions....

THE IMPACT OF THE HART-SCOTT-RODINO (“HSR”) ACT ON YOUR TRANSACTION

Wed, 28 May 2008 09:00:00 GMT

Protecting Your Invention Part 3: The Provisional Application by Tom Burton
On February 28, 2008, the Federal Trade Commission made its annual adjustments to the jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). As you will see below, the HSR Act can “sneak up” on those involved in a business transaction, and failure to take its requirements into account at the beginning of a transaction can have an adverse impact on the deal and the parties involved....

Choice of Business Entity: Do Self-Employment Taxes Disfavor Limited Liability Companies?

Tue, 22 Apr 2008 09:00:00 GMT

Choice of Business Entity: Do Self-Employment Taxes Disfavor Limited Liability Companies? by James R. Browne
Prior to 2007, many Texas based businesses conducted operations through a limited partnership because partnerships were not subject to Texas franchise tax. With the changes in the franchise tax law eliminating the tax favored status of partnerships, businesses are more likely to consider alternative legal entity forms....

Protecting Your Invention Part VI: Infringement Not Protecting The Patent Portfolio

Tue, 19 Feb 2008 09:00:00 GMT

Protecting Your Invention Part VI: Infringement Not Protecting The Patent Portfolio by David G. Moore
Congratulations, your hard work and effort has paid off and you have received a patent on your invention from the U.S. Patent Office. After admiring the ribbon copy of your patent, you notice an advertisement in a magazine for an exact replica of your invention being sold by a company other than yours. After you have recovered from aspirating your morning cup of coffee, what should you do? Call the police? Nope. Call the Patent Office? Nope. Call the President ? Nope. Call your lawyer? Yes. The patent which has been issued grants you the right to exclude others from making, using or selling your invention in the United States for approximately 20 years. If your patent is infringed, the Patent Office, police and the President are not going to help you. You have to go to a United States District Court and file a lawsuit asking for relief if an amicable resolution cannot be reached with the infringer....

Company E-mail Policies May Defeat Attorney-Client Privilege

Fri, 28 Dec 2007 09:00:00 GMT

Company E-mail Policies May Defeat Attorney-Client Privilege by Martin Thornthwaite
Businesses, employees, and their attorneys should be aware of the effect company computer system and e-mail policies can have on the attorney-client and work product privileges. According to the latest surveys conducted by the American Management Association and The ePolicy Institute, 76% of organizations have e-mail usage and content policies, and 55% of organizations monitor employee e-mail...

Business Update -- Revised Form I-9 For Employment Eligibility Verification

Fri, 30 Nov 2007 09:00:00 GMT

Business Update -- Revised Form I-9 For Employment Eligibility Verification by Kelly D. Herrera and Martin Thornthwaite
The U.S. Citizenship and Immigration Services (“USCIS”) recently announced that Form I-9, the Employment Eligibility Verification form, had been revised and was available beginning November 7, 2007. Employers should use revised Form I-9 as of November 7 but have until December 26, 2007 to transition to the new form before the U.S. Immigration and Customs Enforcement (ICE) agency begins enforcing penalties...

409A News Flash: Treasury and IRS Do About Face And Fully Postpone Effective Date of Final 409A Regulations Until January 1, 2009

Mon, 29 Oct 2007 09:00:00 GMT

409A News Flash: Treasury and IRS Do About Face And Fully Postpone Effective Date of Final 409A Regulations Until January 1, 2009 by Luke D. Bailey
409A “Good Faith” Compliance Period For Operational As Well As Documentary Compliance Now Extended Through December 31, 2008....

Protecting Your Invention Part 5: Protecting The Patent Portfolio

Mon, 01 Oct 2007 09:00:00 GMT

Protecting Your Invention Part 5: Protecting The Patent Portfolio by David G. Moore
The intellectual property of a company may be the most important asset and in fact, may be the only asset of a small company. Protecting the inventions and other intellectual property is not just a matter of good business, it may be a matter of survival of the business....