Enforcing Restrictive Covenants in Times Of Layoffs
Jonathan Stoler, a partner at Sheppard, Mullin, Richter & Hampton, writes that in these challenging economic times, layoffs and corporate reorganizations are becoming more commonplace. Employers in the midst of such job actions are also being forced to address an array of employment laws and business issues relating to these matters. Central among their concerns is the ability to continue their business operations with minimal disruption and to protect their business interests in the face of large-scale terminations. Indeed, he argues, how to maintain protection over confidential business information and to ensure a company's continued competitive edge following layoff situations is the question of the day.Changes to Settlement Do Not End Debate Over 'Orphan Works'
Google Inc. revised its controversial books settlement late last week and revived the debate over who should decide the fate of orphan works: Google or the government. Changes to the settlement were aimed at addressing concerns that Google had grabbed unfair control of orphan works?books whose rights holders cannot be found?by including them in a class action settlement with authors and publishers over its book scanning project. But critics say that Google is still playing God?a task better left to Congress. "Nobody should get a license to orphans without congressional action," said Pamela Samuelson, a professor at UC-Berkeley School of Law. "This is a legislative matter. You shouldn't use a class action for that."Railway Demolition Ruling Is Sweeping Victory for New York
Early Is Better Than Late for Strategizing Your Patents
David A. Kalow and Milton Springut, partners at Kalow & Springut, write that the PTO provides patent holders with certain opportunities to correct their issued patents and to make them stronger. However these options carry risks with them. For patent holders who are considering them, accepting the risks may be a wiser choice than sitting with weak or questionable patents.Departures Challenge Thelen's Plans for Merging
Three Ways to Consensually Transfer Property to Lender
IF A BORROWER has no meaningful equity in a property, does not foresee a turnaround in the near future and is not motivated to retain the property and insist on a restructuring, the borrower may be willing to transfer the property to the lender. This decision may be particularly appropriate with a single asset, single purpose borrower. The consensual transfer can be completed in three basic ways: (i) by deed-in-lieu of foreclosure; (ii) by uncontested friendly foreclosure; or (iii) by pre-packaged or friendTrending Stories
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