Knowing When to Knock on the Courthouse Door

Speaking on the uncertainties of absinthe, Oscar Wilde quipped that “After the first glass, you see things as you wish they were. After the second, you see things as they are not. Finally, you see things as they really are, and that is the most horrible thing in the world.” Wilde’s experience, however, is not limited to absinthe. As many a business can relate, a failing contract can have much the same effect, as the Read More

Navigating Regulatory and Business Challenges in Highly Regulated Industries

Before 2018, Elizabeth Holmes and Theranos, the company she founded, were lauded nationally and internationally for a magic box that promised a new era in democratized healthcare. On that promise, Theranos attracted some $700 Million in funding, signed a deal with Walgreens, and reached the dizzying heights of a $10 Billion valuation – all without turning a profit. The truth, however, was that Theranos’ magic box Read More

FDA’s 2023 Labeling Draft Guidance: Dosage and Administration Regulation

The biotech and pharmaceutical industries are on the cutting edge of innovation and arguably drive the progress of humanity. The speed at which this metamorphosis takes place is often faster than legislators and regulatory bodies can keep up. When they do finally catch up, it can force progress into a screetching halt in order to make sense of new guidelines or restrictions. To help ease some of the burden, this post Read More

Protecting Trade Secrets In A World Where It Seems There Are None

The proprietary innovations individuals and organizations create are essentially the “secret recipe” that contributes to their success. For this reason, trade secrets are treated as a type of intellectual property that refers to any confidential business information that provides a competitive advantage to a company and is protected under the law. Although the progression and ease of data transfer technology and even Read More

Tyger Tyger: Safeguarding Against Predatory Copyright Takedowns

Tyger tyger, burning bright, In the forests of the night; What immortal hand or eye, Could frame thy fearful symmetry? William Blake wrote these words while chewing on the conundrum that the hand that wrought the prey also wrought the predator. But he could have equally bent this thought to Congress, as it perhaps unwittingly spun prey and predator from the words of the Digital Millennium Copyright Act of 1998 Read More

Investigating The Investor

Newspapers are filled with stories about unwary investors misled by duplicitous CEOs and corporate founders. But what is far less covered is the unreasonable or bad faith investor who peppers all levels of the organization with demands for information, who panics over every change in the marketplace or the business plan, who doesn’t trust management, who poisons fellow investors against the company, who tries to Read More

BAKER JENNER ALERT: FTC Proposes New Rule Banning Noncompete Clauses

In our August 2021 BAKER JENNER ALERT, we advised our clients and colleagues about the Biden Administration’s new policy initiative, centered on eliminating noncompete restrictions applicable to many aspects of the American workplace. Following, on January 5 and 19, 2023, the Federal Trade Commission (FTC) unrolled its sweeping new proposed rule that would ban noncompete restrictions on workers and others. A copy of Read More

Seeing the Forest and the Trees: Six Tips for Effective Due Diligence

In Alice’s Adventures in Wonderland, Lewis Carroll created a topsy-turvy world peppered with riddles and puns. That world may feel familiar to anyone who has gone through the due diligence process, where opportunities for misunderstandings are rife. The goal, however, of due diligence is to demystify and clarify, which can best happen when the parties rely on process, structure and well-articulated expectations Read More

The Ghost of Transactions Past: How Successor Liability Can Haunt the Present and Future of Your Business

Running the numbers, modeling markets and demand, and planning growth and profitability are common exercises for any acquisition. But in the excited rush around making the next big purchase, businesses sometimes neglect the trail of sticky and costly problems that can tag along with a deal, frequently expressed in the form of successor liability. Understanding how liabilities can follow an asset through the door–or Read More

At-Will Employment: A Business Guide

The term “at-will employment” may be familiar to many, since it is the default rule under Georgia law, per O.C.G.A. § 34-7-1. But at-will employment is not a panacea for every difficult employment situation or decision. And blithely relying on the right can result in unexpected complications for the unwary employer. Below, we provide an overview of at-will employment within the context of Georgia law. Next, we Read More