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The US Court of Appeals for the Second Circuit affirmed the dismissal of an independent action asserting “fraud on the court” based on the finding that the alleged fraud on the US Patent & Trademark Office (PTO) should have been uncovered by the exercise of duediligence in a prior action. Marco Destin Inc. Levy et al.,
What this is : If you are responsible for conducting public record duediligence searches, then your duediligence checklist includes UCC , state and federal tax liens , judgments and federal intellectual property searches or some combination thereof along with other important closing tasks. Judgment.
What this is : Duediligence is crucial in business, helping to assess risks and make informed decisions about a target company or a group involved in certain commercial transactions. What this means : In the modern world, businesses operate internationally , necessitating a tailored approach to mitigate risks across jurisdictions.
Intellectual Property (IP) can often be an organization's most important asset. A thorough review is important to claim the IP asset's full value and the ability to claim the full associated rights, such as the right to sue or claim damages. By: Venable LLP
On the Kings of Leon NFT sale site, you can identify the owner and other duediligence information. DueDiligence Checklist for Your NFT Purchase. Do your duediligence to understand what you’re buying with your NFT purchase. The post NFT Copyright License Rights: DueDiligence is Critical.
What this is : In Part 2 of our series on preparing for a merger and acquisition (M&A) transaction , we will review practical tips to consider when you are conducting your public records duediligence and coordinating your state filings. Not all state requirements are the same when it comes time to prepare for your closing.
What this is: Like duediligence searches for statutory liens and consensual (UCC) financing statements on borrowers and debtors, being aware of and/or confirming the owner and status of intellectual property in a transaction is critical.
Duediligence may not be glamorous, but it is the bedrock of a successful deal. Put simply, duediligence is the process of meticulously examining every nook and cranny of a target company’s operations, finances, and legal standing to ensure that a merger or acquisition is a smart business move.
Following our first article on IP duediligence considerations for prospective investors of emerging life sciences companies, we’re taking an in-depth look at the duediligent action items that can help with decision-making and risk-assessment calculations for a potential investor.
Four pending federal cases involving disputes over nonfungible tokens highlight important questions to ask when conducting sale and purchase duediligence for NFTs, including concerns related to infringement, misappropriation or other intellectual property claims, say attorneys at Covington.
A main focus in most M&A transactions involves conducting intellectual property (IP) duediligence, including patent duediligence in order to properly assess risk involved in the potential transaction. All too often these issues come up for the first time in duediligence.
As generative AI continues to be a hot topic in board rooms and an unavoidable reality on the front lines of business, leaders must make informed decisions when choosing AI vendors. The integration of AI into your operations can offer substantial benefits, but it also introduces unique risks and challenges.
ACI’s 6th Annual Life Sciences IP DueDiligence Summit is devoted to providing corporate and IP counsel with expert strategies for assessing, valuing, and commercializing IP assets when conducting strategic IP duediligence – an essential to nearly every corporate transaction.
Duediligence of trademark registrations can get lost in the shuffle. In a complex merger or acquisition, there are many moving parts. But thorough review of brand assets can help avoid pitfalls and maximize the investment. By: Erise IP
Duediligence is a necessary part of any M&A transaction. This process can be an exhaustive deep dive into the target companys history. In some cases, the buyer wants to assure itself of certain highly confidential and sensitive aspects of the targets operations and assets.
If youve been trying to figure out if your date is the one, then youve probably already done a little duediligence to learn more about their overall character, trustworthiness and perhaps even their financial status to determine if youd be a good match. Can you feel the love yet?
The objective of an intellectual property duediligence investigation is to provide an evaluation of the quality of the IP assets that cover the company’s commercial products and services. For life sciences companies, their patent estate is often a crucial piece of their business and revenue model.
When two parties engage in a merger or acquisition, there are several processes that must take place before the transaction can be completed, including duediligence of the seller’s assets—and particularly the seller’s relevant and material intellectual property (IP). By: Morgan Lewis - Tech & Sourcing
Hence, more and more mergers and acquisitions involve intellectual property which gives rise to the demand for Intellectual Property (IP) Due-Diligence at the time of Mergers, Acquisitions, etc. Evolving Significance of IP Due-Diligence for an M&A Transaction. of such businesses.
Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early duediligence and attention to detail in your pleading. By: Baker Botts L.L.P.
What this means : Lien searches are a critical component of duediligence for several reasons, primarily revolving around risk management, legal compliance and litigation avoidance.
But any company preparing to sell within the next five years should consider the more common IP issues that arise during the legal duediligence process. Markets have since cooled, with capital becoming harder to find. By: Seyfarth Shaw LLP
Insufficent DueDiligence – Court Dismisses Case. ” Noting that the duediligence standard and dismissal factors support dismissal of the case, the Judge did just that. On September 17, the court issued a minute order directing Triller to file either a proof of service or a status report by December 17, 2021.
When you’re on the sell side of a M&A transaction, your biggest role in the between LOI and closing is to gather and provide information requested for buyer diligence. In other words, the diligence process is where the seller is called on to prove out the value of the company.
Kilpatrick Townsend attorneys Maria Baratta, Kristin Doyle, Adria Perez, and Gunjan Talati, presented “Interparty Considerations and Collaborations: Navigating IP DueDiligence and Joint Development Agreements with Third. By: Kilpatrick Townsend & Stockton LLP
But any company preparing to sell within the next five years should consider the more common IP issues that arise during the legal duediligence process. But quite often, a company will tout its innovation when selling, but during the duediligence process, it is revealed that the company lacks adequate protection for that innovation.
Kilpatrick Townsend attorneys Maria Baratta, Kristin Doyle, Adria Perez, and Gunjan Talati, presented “Interparty Considerations and Collaborations: Navigating IP DueDiligence and Joint Development Agreements with Third. By: Kilpatrick Townsend & Stockton LLP
Declining valuations are the backdrop of the current technology M&A landscape worldwide, and intellectual property is a key value driver from the vantage point of a potential acquiror, so when it comes to duediligence for technology acquisitions, there are several pitfalls to avoid, say attorneys at Gibson Dunn.
As law firms increasingly recruit laterals, they must account for ethics rules and other duediligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.
The Plaintiff argues that Amazon failed to exercise sufficient duediligence and allowed counterfeits to be sold under its platform. As an e-commerce platform, Amazon has specific policies and systems in place to monitor and control the listings of third-party sellers. The Way Forward?
What this is : Preparing to merge 2 companies requires a great deal of effort and activity before and after the acquisition, negotiation, duediligence, filing the merger documents, post-merger re-organization, etc.
What this is : This article, the first in a 3-part series, provides an overview of key considerations for organizing your closing checklist during the preliminary duediligence phase, following the agreement on the general terms of an M&A deal.
Litigants and lawyers who previously relied on Judge Albright’s favorable procedural rules and efficient trial schedules as a proxy for more rigorous duediligence will now need to take a closer look at the merits of their cases when considering whether and where to file.
It’s about performing duediligence and considering these issues before they become a problem. Perfection, however, is as unreasonable a standard here as it is anywhere else. The goal, instead, is to catch and stop what can be avoided. The Croatian central bank clearly failed there.
This approach requires that all journals be ethical and perform duediligence on incoming works, something well known to be not true. The issue of predatory journals remains, and there are many publications that won’t bother with any plagiarism check as long as their fees are paid.
What this means : Those who sign off on the opinion letter, as well as those who provide the required documentation, need to keep in mind that all Good Standing Certificates are not equal.
These challenges often center on intellectual property (IP) risks, licensing considerations, M&A duediligence, and documentation practices. Integrating AI tools into drug discovery introduces a mix of opportunities and challenges for startups and large pharmaceutical companies. By: Fenwick & West LLP
While cases such as this one would be difficult to detect, even with anti-plagiarism technology, it is still important to perform duediligence and try to prevent as many of these issues as possible. It doesn’t matter if it was written by a ghostwriter, a team of named writers or even an AI.
The process failure, including the lack of duediligence, can be addressed by fixing the systems and engaging in greater antisemitism education. Indeed, there was no defending the absence of duediligence or the failure to respond quickly once the concern came to light. It is a shame it does not happen more often.
Reading Time: < 1 minutes Due dilligence is key Investing in real estate can be a great way to create a new stream of income, but it’s not without its risks. Without proper duediligence, those investing in real estate can face both legal and financial consequences that can quickly counteract any potential gains.
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