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Astronauts and Entrepreneurs: Birds of a Feather

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I had the privilege of co-hosting with Steve Butts a breakfast on April 7th with Astronaut James Lovell. The breakfast was for the UNC Morehead Planetarium, which is undertaking a major capital campaign. The Planetarium in the last few years has extended its reach so that it is touching the lives of folks, especially children, in all 100 counties of Read More

Appeals Court Rules Employers Can’t Fire People Based on Sexual Orientation

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A federal appellate court has concluded that discrimination on the basis of sexual orientation is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. The landmark case in the United States Court of Appeals for the Seventh Circuit stated that it took into account developments at the Supreme Court over the last two Read More

Ohio Federal Court Upholds ICDR Arbitration Award in Favor of Chinese Party

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Recently, the U.S. District Court for the Southern District of Ohio denied a Minnesota company’s motion to vacate or modify a USD 1.3 million arbitration award from the International Centre for Dispute Resolution® (“ICDR”) and confirmed the award in favor of the Chinese company claimant. The case illustrates the benefits of international arbitration and serves as a reminder of the Read More

Obtaining Evidence in the U.S. for Use in Foreign Proceedings

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A company involved in a foreign litigation or other legal proceeding – or considering bringing a foreign proceeding – can use a powerful federal tool to obtain evidence in aid of that proceeding, including documents and deposition testimony, from parties located in the United States: 28 U.S.C. § 1782. Under Section 1782, “any interested person” may apply, ex parte,  to Read More

Top IP Developments of 2016

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While you may have been distracted by a tumultuous 2016, at MBBP we have been monitoring developments in IP.  We are happy to present, in no particular order, our list of the top IP developments of 2016­­­­, plus an Honorable Mention for 2017.     Click here to read full article. Read More

Tax Considerations in Buying or Selling a Business

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The after-tax consequences of selling a business can vary significantly depending on the tax classification of the entity conducting the business (referred to in this outline as the “Company”) and on how the sale is structured. Often, what is good for one party to the sale is bad for the other. The structure of the sale, therefore, is often driven Read More

Firing Executives for Cause – Recent case offers lessons

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Much can turn on whether an executive is fired "for Cause".  If Cause exists, an executive’s employment contract almost always provides that the executive shall receive no severance benefits – typically post-termination salary and health continuation and, less commonly, accelerated vesting of stock.  In addition, stock agreements may provide that, when Cause exists, an executive’s stock is subject to repurchase Read More

Why You Should Spend Dollars on Patent, Trademark Protection

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Despite CFOs' concerns about the costs of patent and trademark registration, the benefits can far outweigh them. Companies pay people to think. Inventing and branding are two primary areas where this occurs regularly. But many companies fail to adequately protect the thoughts they pay for, leading to unnecessary complications and losses. This, in turn, means loss of company value and Read More

Competition in the Australian telecommunications sector – the ACCC’s perspective

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The Australian Competition and Consumer Commission (ACCC) released its 2015-16 report on competition in the Australian telecommunications sector and price changes for Australian telecommunications services on 8 March 2017. The report relates to the 2015-16 financial year and so is dated, but does provide some useful insights. In releasing the report, the Chair of the ACCC, Rod Sims, noted that Read More