Contract litigation can make or break your business, regardless of your size.   But there are ways to mitigate the risks even before they arise with experienced legal guidance and effective contract practices.  In the event that you face a contract lawsuit, there are steps you can take that will improve your chances of a positive outcome and protect your business from unnecessary costs. Establishing a Preemptive Read More

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

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

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

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, 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

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

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

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

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