Main Menu
Posts from January 2010.
Posted in General

Debtors in chapter 11 reorganizations frequently seek to sell some or all of their assets.  The sale process almost always includes an auction, often begun with a stalking horse, or initial, bid that is subject to higher and better offers.  Purchasers are reluctant to spend time and money for due diligence that would ultimately benefit another bidder at the auction.  The seller-debtor solves this problem by agreeing to pay a break-up fee if the stalking horse bidder is not the winning bidder at the auction.  The amount of the break-up fee is negotiable, usually structured as a percent of sale (e.g., 1-3%) or as a lump sum payment (e.g., equal to actual expenses incurred).

On January 12, 2010, Connecticut’s Attorney General filed a lawsuit against Health Net of Connecticut, Inc. (Health Net) under the Health Information Technology for Economic and Clinical Health Act (HITECH Act) to enforce the Privacy and Security Rules under HIPAA. 

Posted in Litigation

The Indiana Supreme Court opened the first two weeks of January with three opinions. 

In Hevner v. State, the Court addressed the claim “that the Indiana Sex Offender Registration Act . . . constitutes retroactive punishment forbidden by the Ex Post Facto Clause contained in the Indiana Constitution because it requires the defendant to register as a sex offender, when the Act ...

To the great surprise of the entire estate planning community nationwide, Congress failed to amend the complicated one-year repeal of the Federal estate tax for decedents dying in 2010.

Marion County Prosecutor Carl Brizzi denies that he violated any professional conduct rules in his handling of two high-profile murder cases, specifically in his written or spoken statements made when describing the crimes to the public

Any shrewd negotiator will advise that you consider the deal closed only when the ink has dried, and in many cases only when the check has cleared.  Now that the ink has dried on the products of the 2009 special session, one great deal stands out: the Incentives for a New Kentucky.  INK, the short name for the incentives legislation signed into law in June by Governor Beshear, encompasses the Kentucky Reinvestment Act, the Kentucky Business Investment Program and other results of House Bill 3.  After a few months in operation, the response to INK has been overwhelming.  The patience and hard work of the state government, the Kentucky Association of Manufacturers and other like-minded Kentuckians to develop the concept of rewarding financial commitment to our state has paid off for the benefit of KAM members and for the entire Commonwealth.  In addition, the timing of the new bill could not have been better, truly the right package of programs at the right time.  Kentuckians now have a statutory scheme in place in time to encourage our manufacturers to invest in our Commonwealth and, most important, to save Kentucky jobs.   

Hefty suits, DOL crackdowns encourage FLSA compliance audit

 Those of you still looking for a New Year’s resolution may wish to look carefully at wage and hour compliance in the coming year.  Though it’s always a good idea to audit your legal compliance in any area of employment law, 2010 seems to be a particularly good time to get those wage and hour ducks in a row.  Here’s why.

Posted in Litigation

The Indiana Supreme Court issued five criminal case opinions in December.

In Armfield v. State and Holly v. State, the Indiana Supreme Court “provide[d] the analytical framework” to resolve the issue “of when an officer has reasonable suspicion to initiate a traffic stop after a routine status check of a license plate reveals that the driver’s license of the registered owner ...

A decision last week by the Court of Appeals for the Federal Circuit interpreted the “patent term adjustment” provision of U.S. patent law to give longer life to many patents that are delayed because of long processing times in the U.S. Patent and Trademark Office (PTO).

In a utility or nonprovisional patent application, inventorship is based on the conception of the invention. "Invention" is a specific legal term synonymous with the claims of the application or issued patent. Each and every claim, whether it is an independent or dependent claim, defines a separate invention under U.S. patent law. A patented invention may be the work of two or more joint inventors so long as each joint inventor contributed, in some significant matter, to the conception of the invention as recited in at least one claim of the application. A co-inventor need not make a contribution to every claim of a patent - a contribution to one claim is sufficient. Thus, the critical question for joint conception is who conceived, as that term is used in the patent law, the subject matter of the claims at issue.

Nearly one year ago, the American Recovery and Reinvestment Act (ARRA) introduced COBRA subsidy provisions which enabled qualified individuals to pay only a fraction of COBRA premiums in order to retain health insurance after losing employment. (See our previous article: Recent Changes to COBRA Require Immediate Attention)

The U.S. Patent and Trademark Office will pilot a program to accelerate the examination of certain “green” technology patent applications, U.S. Secretary of Commerce Gary Locke announced on December 4, 2009. The new initiative, coming shortly before the recent United Nations Climate Change Conference in Copenhagen, Denmark, will accelerate the development and deployment of green technology, create green jobs, and promote U. S. competitiveness in this vital sector.



Recent Posts




Back to Page