IP Due Diligence: Issues in M&A Transactions

Traverse Legal Blog

A main focus in most M&A transactions involves conducting intellectual property (IP) due diligence, including patent due diligence in order to properly assess risk involved in the potential transaction. It is very important to thoroughly and carefully review each of the above-mentioned considerations during the due diligence stage in order to develop a comprehensive and accurate risk assessment strategy.

Human rights due diligence BHR

Herbert Smith Freehills

Human rights due diligence BHR Conducting a human rights due diligence exercise for a client on an infrastructure project in a conflict affected region. . Services: Business and Human Rights Client Name: Human rights due diligence

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

NFT Copyright License Rights: Due Diligence is Critical.

Traverse Legal Blog

On the Kings of Leon NFT sale site, you can identify the owner and other due diligence information. Due Diligence Checklist for Your NFT Purchase. Do your due diligence to understand what you’re buying with your NFT purchase.

Branding Due Diligence – Make it or Break it

Selvam & Selvam Blog

I am sure you would agree that by now the brand owner would be staring at an impending bankruptcy due to the enormous cost of rebranding. To make sure you create the right perception for the brand, thorough due diligence is a must.

?Due Diligence During COVID-19 - What's A Purchaser's Attorney To Do?

GDB Firm Blog

When purchasing a cooperative or condominium unit, it is common for the purchaser's attorney to perform some due diligence on either the cooperative corporation or the condominium association. Now that managing agent offices state-wide are closed to non-essential employees, how can a purchaser's attorney complete this final phase of the due diligence process

How AI helps cut your costs – but not your confidence – during due diligence

IAM Magazine

Cutting-edge software has the potential to revolutionise how lawyers evaluate patents during M&A transactions, helping layers to achieve the all-important balance between thoroughness and speed. Industry report

How pharma in-house teams do M&A deals

Managing IP

Lawyers give advice on the best way to perform IP due diligence in multibillion dollar deals

Trademark surge at USPTO stifles Madrid and pharma filers

Managing IP

The 63% increase in filings, largely being driven by Chinese applicants, has forced brand owners to double down on organisation and due diligence

Digital intermediary guidelines evoke a wave of litigation in India

Managing IP

Ranjan Narula of RNA, Technology and IP Attorneys takes a look at the new due diligence mechanism and considers why this has caused a backlash

IFPI & MPA Oppose ‘New Safe Harbors’ in Digital Services Act

TorrentFreak

Due Diligence Should Be a Safe Harbor Factor. The issue of due diligence is of particular interest to rightsholders. They believe that such a clause would remove the incentive to comply with due diligence obligations.

San Diego Metro Magazine Names Fish & Richardson Senior Principal John Phillips a 2021 Top Attorney

Fish & Richardson Trademark & Copyright Thoughts

He represents startups to Fortune 500 corporations in inter partes and ex parte post-grant work, due diligence and freedom-to-operate investigations, patent opinions, and strategic patent prosecution.

Fish & Richardson Attorneys Megan Chacon and Crystal Culhane Named 2021 Women of Influence in Law by the San Diego Business Journal

Fish & Richardson Trademark & Copyright Thoughts

Culhane’s work entails counseling on patent prosecution, due diligence, and patentability and freedom-to-operate matters. Southern California Principal Megan Chacon and Associate Crystal Culhane, Ph.D. were recognized as 2021 Women of Influence in Law by the San Diego Business Journal.

Webinar: Trademark Transactions for the Generalist In-House Counsel

Trademark and Copyright Law Blog

Due diligence for mergers and acquisitions. Your company has invested in developing its goodwill and protecting its brands, and now seeks to bring in partners. Or perhaps your company seeks to grow by on-boarding third-party brands. Trademarks form a key asset in many business transactions, but overlooking important details and traps for the unwary can lead to unintended consequences.

Fish & Richardson Firm Members Named 2021 Up and Coming Attorneys and Unsung Legal Heroes

Fish & Richardson Trademark & Copyright Thoughts

Grace Kim focuses her practice on patent prosecution, client counseling and strategic portfolio development, clearance investigations, patentability analysis and due diligence investigations.

Structuring the IP financial exchange

IP and Legal Filings

On the side of the licensee, each one will need to have separate due diligence for each IP holder. In the case of an exchange, such due diligence is met by the IP exchange itself.

Profiles in Diversity Journal Names Todd Garcia a 2021 “Latino Leader Worth Watching”

Fish & Richardson Trademark & Copyright Thoughts

Dr. Garcia’s practice emphasizes patent prosecution and counseling , opinion work, due diligence studies, and development and management of patent portfolios. Fish & Richardson principal Todd Garcia, Ph.D. has been named a recipient of the 2021 “Latino Leaders Worth Watching” award by Profiles in Diversity Journal.

[Guest post] At last Spain transposes the DSM Directive

The IPKat

In the first place, it establishes that the negotiations must be carried out under the principles of good faith, due diligence, transparency, and respect to free competition rules, noting that this excludes “ the exercise of a dominant position” – it does not say the abuse of it.

[Guest post] Conference report: ‘The Fashion Marketplace: Law and Policy’

The IPKat

Finally, the panel discussed where liability has fallen under the draft DSA with the concern being that liability is going to be linked to due diligence. A few days ago, Fashion Law London held another (online) event – this time focussed on the role of online retail marketplaces.

Upcoming Webinar! Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns

Trading Secrets

Conducting and effectively managing due diligence and information sharing while advancing the deal. Wednesday, December 8, 2021. 1:00 p.m. to 2:00 p.m. Eastern. 12:00 p.m. to 1:00 p.m. Central. 11:00 a.m. to 12:00 p.m. Mountain. 10:00 a.m. to 11:00 a.m. Pacific. REGISTER HERE.

Upcoming Webinar! Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns

LexBlog IP

Conducting and effectively managing due diligence and information sharing while advancing the deal. Wednesday, December 8, 2021. 1:00 p.m. to 2:00 p.m. Eastern. 12:00 p.m. to 1:00 p.m. Central. 11:00 a.m. to 12:00 p.m. Mountain. 10:00 a.m. to 11:00 a.m. Pacific. REGISTER HERE.

The American Lawyer Named Fish Principal Christina McDonough a 2021 “Northeast Trailblazer”

Fish & Richardson Trademark & Copyright Thoughts

McDonough is a principal in Fish’s Boston office and her practice emphasizes patent prosecution , portfolio management , reexamination, counseling , and due diligence in the computer software and electrical fields. Fish principal Christina McDonough was named to The American Lawyer ’s 2021 “Northeast Trailblazers” list. The inaugural list honors lawyers in the Northeast region of the U.S.

Fish & Richardson Attorneys Named Recipients of the 2020 Patent Pro Bono Achievement Certificate

Fish & Richardson Trademark & Copyright Thoughts

Her practice focuses on patent prosecution, client counseling and strategic portfolio development, clearance investigations, patentability analysis and due diligence investigations.

[Guest post] German court: copyright infringement by ‘re-pin’ on Pinterest

The IPKat

A link Kat To begin, they clarified that, due to the full harmonization of the right of communication to the public, the court would follow CJEU precedence.

European Copyright Directive: Which Stage is the European Union At?

IPilogue

Even though national laws require due diligence obligations of diverse scopes, each nation’s laws and practice will ascertain the meaning of the “best efforts”. Photo Credits: freestocks.org ( Pexels). Tugce Kucukali is an IPilogue Writer and incoming LL.M.

To SAR Or Not To SAR - Your Mortgagor's Tenant Is in the Marijuana Business

GDB Firm Blog

When faced with indirect marijuana funds, do your due diligence. Everyone is talking about marijuana businesses. It's legal in many states, but still illegal under federal law. Governor Cuomo is pushing for New York to legalize recreational marijuana. Filing a SAR on bank customers in the marijuana business is a well-known issue. However, there is an additional question for lenders. What if your mortgage borrower rents space to a state-licensed marijuana facility?

Fish & Richardson’s Trademark Practice Receives Top Rankings by World Trademark Review

Fish & Richardson Trademark & Copyright Thoughts

Europe, and China, including trademark counseling and prosecution, enforcement and litigation, licensing agreements and due diligence, and advertising counsel. 7 Fish Attorneys Recognized For Top Rankings in Practice Areas. Fish & Richardson has been recognized as a top national trademark law firm for the 11 th consecutive year by World Trademark Review ( WTR ) 1000. Fish also received top rankings for its regional practices in California, Massachusetts, and New York.

Fish & Richardson Named 2021 IP Boutique Firm of the Year and ITC Firm of the Year by Managing Intellectual Property

Fish & Richardson Trademark & Copyright Thoughts

Flanagan has experience in all phases of litigation, including pre-filing due diligence, document collection and production, managing fact and expert discovery strategy, depositions, discovery hearings, claim construction hearings, and settlement.

Make Sure Your Vendor Cybersecurity Policies And Procedures Are Up To Snuff

GDB Firm Blog

Your vendor policies and procedures should explain (i) how will you identify vendors; (ii) what risk assessment of your vendors will you perform; (iii) what minimum cybersecurity practices must your vendors meet in order to qualify to do business with you; (iv) what due diligence will you conduct to evaluate the adequacy of vendor practices; and (v) what are you periodic re-assessment procedures.

‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft

Technology & Marketing Law Blog

Would technical due diligence have helped?

Getting over the fear of copyright in photoshoots

Intellectual Property Office Blog

You just need to know the rules, do your due diligence and double check everything. Copyright is scary. Really scary. At least it used to be!

Art 67

NFT Lawyer: Legal Risks with ‘Non-Fungible Tokens’

Traverse Legal Blog

Your only protection on the front end is due diligence. Cryptocurrency has been been in the press cycle for years. But now there is something new in the blockchain space. ‘NFT’ stands for non-fungible token.

Difference Between Prior Art Search, Invalidation Search And FTO Search

Intepat

Further, if done comprehensively, it can cover all jurisdictions where the inventor decides to plan to launch that product or processWhilele it might be costly, this search shows that there has been an attempt at due diligence.

Fish & Richardson Elevates Its Most Diverse Principal Class Ever

Fish & Richardson Trademark & Copyright Thoughts

Grace Kim focuses her practice on patent prosecution, client counseling, strategic portfolio development, clearance investigations, patentability analysis, and due diligence investigations. Fish & Richardson has elevated 14 attorneys to principals at the firm, effective January 1, 2021. The new principals in the firm’s Litigation Group are Matthew Colvin (Dallas); Kelly Allenspach Del Dotto (Delaware); Nitika Gupta Fiorella (Delaware); Conrad A. Gosen (Twin Cities); Andrew G.

Patent Assertion Entities: A Boon or a Bane?

Kashishipr

Patent trolls often conduct through IP Due Diligence to acquire high-quality patents capable of exponential monetization. The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’

EDPB provides guidance on the concepts of controller and processor in the GDPR (Part I)

LexBlog IP

Controllers have the primary responsibility for compliance with the GDPR due to the accountability principle and other obligations, which are imposed directly by the GDPR on controllers.

Intellectual Property – The Key To A Successful Brand

azrights

Sometimes the costs of poor brand choices are invisible, and the business has low revenues without realising it is due to the brand created for it. This can be achieved through a variety of means including: Due diligence searches before finalising icons, names or other elements.

The Comeback of SPACs: Wall Street’s Hottest Investment Vehicle and its Potential Liability Risks

LexBlog IP

For instance, investors have sought to hold SPACs and their sponsors liable under securities laws for inadequate due diligence and disclosures, as well as false and misleading financial projections. By: Charles Jenkins.

Inventions ‘made in Spain’: How can you protect them properly?

Garrigues Blog

In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement.

COP26 – The UK Government's preparation to date

Herbert Smith Freehills

The UK's first sovereign green gilt is due to be issued in summer 2021, with a further issuance later in the year. The UK is hosting the UN Climate Change Conference ( COP26 ) in Glasgow in November 2021 in partnership with Italy.

COP26 – The UK Government's preparation to date

Herbert Smith Freehills

The UK's first sovereign green gilt is due to be issued in summer 2021, with a further issuance later in the year. The UK is hosting the UN Climate Change Conference ( COP26 ) in Glasgow in November 2021 in partnership with Italy.

Less to the FTC’s Notice of Penalty Offenses Than Meets the Eye?

LexBlog IP

Cliffdale offers no guidance as to what degree of due diligence is required. The FTC’s Notice of Penalty Offenses concerning endorsements and testimonials is barely a week old and it’s likely already had its intended effect.

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

Further, it would also simplify due diligence required for IP transactions such as mergers and acquisitions. In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market.

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

Further, it would also simplify due diligence required for IP transactions such as mergers and acquisitions. In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market.