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Patents are an important part of innovation. Our country takes patent protections so seriously that our founding fathers included this form of legal protection for innovation within the original U.S. Constitution. Even before our founding fathers thought to protect...
The term bankruptcy likely brings to mind pictures of closed, dusty, vacant buildings. Depending on the type of bankruptcy and the business’ owners goals the reality can be much different. Retail giant JCPenney is set to provide an example of what a successfully...
There was a great deal of ink spilled on the stock market rallies of last summer. Investments and stock market stability suffered far fewer impacts than many expected. But that has not stopped the tide of bankruptcies from larger businesses. Many wonder if that...
When a business shares trade secrets and innovations, and trains valuable members of the organization, it seems reasonable to expect those members to agree to stay with the business, or at least not join a nearby competitor pursuant to a non-compete agreement. These...
It is not uncommon for bankruptcy litigation to end in a settlement. In other legal matters both parties will generally agree to a proposed settlement before presenting it to the court, but this is not always the case for a settlement in bankruptcy. Instead, with...
Private equity firms have taken to a wide market, purchasing everything from doctor’s offices to pet stores. Entrepreneurs who run these firms profit by purchasing a business only to turn around and sell it at a higher rate a few years later. Business leaders who go...
The Small Business Reorganization Act of 2019 created a new subchapter within the Chapter 11 bankruptcy process. Subchapter V is designed to streamline the process for small businesses seeking the protections of Chapter 11. Signed into law in 2018 and going into...
Business owners struggling with insolvency may wish to avoid bankruptcy. Although bankruptcy can provide a fresh financial start through a sale, liquidation or restructuring, it is not the right option for every business. In some cases, one of these other...
Modern supply chain management is contingent on an array of contractual agreements. The COVID-19 pandemic has highlighted some flaws of this system and may serve as a catalyst for change to supply agreements. As noted in a recent review in Bloomberg Law, these types...
Directors of Delaware corporations are entitled to indemnification under 8 Del. C. s. 145 as provided in the corporation’s charter and bylaws. Subject to certain parameters under Delaware law, indemnification provisions require that the corporation indemnify its...