All Articles
Real Estate
Real Estate Deals Demand a Delicate Balance
MCC: In a complex real estate project, any one stakeholder can crater a potentially lucrative deal. How do you keep everyone on board? Scott: The key is meeting the needs of the different parties involved – the lenders, sellers, tenants, municipalities and the developers themselves. In...
Read MoreLitigation
Letting the Genie out of the Bottle: Has Texas reverted to the common law “open and obvious danger” rule?
The risk/utility test has been a fixture of products liability law for decades. The test provides that a product is unreasonably dangerous, that is, defective, if its risks outweigh its utility. To determine whether a product is unreasonably dangerous, a jury balances a product’s risk...
Read MoreIntellectual Property
Trademarks – Not What They Used To Be: Courts expected to seriously revisit First Amendment issues
MCC: One highly publicized trademark case involves the NFL team the Washington Redskins. The team’s longstanding trademark has been deemed to be disparaging to Native Americans. What are the issues and any decisions from the court around disparagement and federal trademark registration as...
Read MoreAnti-Bribery
Make that Thirteen Labors: FCPA requirements present Herculean labor for compliance officers
It is well reported that Foreign Corrupt Practices Act (FCPA) enforcement sanctions have increased significantly in recent years. Headlines focus on monumental monetary penalties, such as Alstom S.A.’s $772 million settlement.[1] Alstom’s record-setting fine was due, in...
Read MoreInsurance Coverage & Recovery
Risky Business: A litigator’s perspective on insurance coverage gaps
MCC: In terms of risk management, what are some of the emerging issues that corporations are facing? Schouest: Given the global economy and its dependence on technology, cyber risk is obviously one important issue on the risk management side. Utility services interruption is another big area,...
Read MoreLitigation
The Many Facets of the Attorney-Client Privilege in Mergers and Acquisitions
It may be that enough has been written about the holdings in Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, 80 A.3d 155 (Del. Ch. 2103) (herein, “Great Hill”) and Tekni-Plex, Inc. v. Meyner & Landis, 89 N.Y.2d 123 (N.Y. 1996) (“Tekni-Plex”). But,...
Read MoreLife Sciences
Biosimilars: Poised to Turn to Inter Partes Review to Resolve Patent Disputes
On March 6, 2015, the U.S. Food and Drug Administration (FDA) approved the first biosimilar drug in the U.S., Sandoz’s ZarxioTM, to treat cancer patients who are at increased risk for infection. A “biosimilar” is a biological product that is highly similar to an existing FDA‑...
Read More