Massachusetts Data Protection Regulations Take Effect
March 18, 2010
by Michael Fleming
As we wrote in December, Massachusetts' Department of Consumer Affairs and Business Regulation has finalized 201 CMR 17.00, its regulation "designed to safeguard the information of residents of the Commonwealth." As of March 1, 2010 this regulation is now in effect.
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Domain Name Registration Should Be Part of Business Strategy
March 16, 2010
by Molly Eichten
A recent court case out of New York underscores the importance of including domain name registration as part of important corporate strategies, such as in mergers and acquisitions. In late 2008, on the same day that Bank of America Corp. alerted the media that it had acquired Merrill Lynch & Co, Inc. a cybersquatter registered the domain names "bofaml.com" and "mlbofa.com."
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Six Month Failure to Give Notice of Unencrypted Data Loss Leads to Law Suit
January 28, 2010
by Michael Fleming
Discovery of a data security breach within a business, particularly one with highly regulated privacy and data security obligations such as a health insurance provider, will always lead to difficult and likely expensive consequences. Those difficulties are compounded when it is discovered that the exposed data was extensive, was highly private information regarding health and financial data of those patients, and had not been encrypted.
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Working it Out
January 28, 2010
Thomas Flynn, bankruptcy attorney, was interviewed in the February 2010 issue of Twin Cities Business on bankruptcy issues as they relate to distressed companies and debtor-creditor workouts. To view a reprint of the article click here.
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Federal Estate Tax Repeal
January 27, 2010
by John Fullmer
Due to Congressional inaction in 2009, the federal estate tax has been repealed for individuals dying during 2010. Even though federal law provides that there will be no estate tax this year, some states, including Minnesota, will retain an independent estate tax system. It is uncertain how the provisions of many estate planning documents will be interpreted if there is no federal estate tax.
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Injunctions Not Always a Slam Dunk in Trademark Litigation
January 21, 2010
by Michael Fleming
A recent decision out of federal court in Illinois illustrates how trademark owners, even with a relatively promising case for trademark infringement, should not presume that courts will automatically grant short-term injunctive relief to prevent the alleged infringer from continuing to use the mark during the course of the litigation. The matter also shows once again how spending some time on the details of the business terms in a trademark license up front could have paid off later to avoid a particularly dangerous situation for the trademark owner.
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Reforming Environmental Review
January 20, 2010
by Peder Larson and Julie Perrus
Peder Larson and Julie Perrus discuss reforming the environmental review process in the January 2010 issue of Bench & Bar of Minnesota.
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Employee E-mail on Company Equipment - Private or Not?
December 31, 2009
by Michael Fleming
Employers had long relied on a general principle that if an employee has used a company system to send, receive or store a personal e-mail or other electronic communication that the communication would be subject to the employer's right to review and disclose the communication even in the face of privacy laws.
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Court Watch: Franchise Alert - December 2009
December 30, 2009
by Cynthia Klaus and Meredith Bauer
In the December 2009 issue of the Law Journal Newsletter - Franchising Business & Law Alert, Cynthia Klaus and Meredith Bauer discuss recent court proceedings that could impact when a franchisor may be found liable for a former franchisee's lease obligations and also in what circumstances a franchisor may receive treble damages in addition to profits from a former franchisee who has infringed on a trademark.
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Asset Titling is Crucial to Your Estate Plan
December 16, 2009
by John Fullmer
How you hold title to your assets is a critical factor in the estate planning process. If assets are not titled correctly, they may not pass to your intended recipients. This can lead to increased taxes, disappointment, frustration and even lawsuits among heirs. A good estate plan can avoid these issues.
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Dispute over"Who's Your Patty?" Underscores the Benefits of Registering Trademarks
December 11, 2009
by Molly Eichten
In October 2009, a single-location restaurant named "Lion's Tap" based in Eden Prairie, Minnesota, sued McDonald's for trademark infringement for use of the tagline "Who's Your Patty?" in connection with McDonald's new Angus burger. So how is it that a single-location restaurant can confidently file a lawsuit against one of the world's largest restaurant franchisors?
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Inventors Should Exercise Caution with Printed Publications about New Inventions
November 20, 2009
by Craig Lervick
When discussing "that new invention" with a patent attorney, questions about printed publications or papers invariably arise. Since the laws prohibit patents from issuing when the underlying invention has been described in printed publications either before creating the invention or more than one year prior to filing a patent application, early examination of this issue is important.
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First Circuit Bucks Majority on Discharge of Unlisted Debt in No-Asset Case
November 19, 2009
by Kenneth Corey-Edstrom
Kenneth Corey-Edstrom explains the majority approach to interpreting §523 of the Bankruptcy Code and the significance of a recent First Circuit decision that breaks from case precedent in holding that a creditor must be listed, or have actual notice or knowledge of a debtor's bankruptcy filing, for an underlying debt to be discharged.
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Recent Eighth Circuit BAP Decision -- Coleen Powers v. Odyssey Capital Group, LLC (In re Mesaba Aviation, Inc.)
November 16, 2009
Amongst a number of issues raised both properly and improperly on appeal, the Eighth Circuit Bankruptcy Appellate Panel first affirmed the denial of the appellant’s objection to the Case Closing Orders for lack of standing. Further, the BAP affirmed the lower court’s denial of the motion for reconsideration of the case closing orders as the prior unsuccessful appeal of her claim had eliminated the cause necessary under §350(b). Finally, the court affirmed the denial of the request to seal the appellant’s In Forma Pauperis application.
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IP/Tech Buzz
