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Mitigating D&O Liability Post-Purdue: Best Practices for Insolvency Risk Management

By: Geoffrey B. Fehling, Justin F. Paget, Brian W. Fernandez, Nicholas Monico
Last year, the U.S. Supreme Court struck down the use of nonconsensual third-party releases in Chapter 11 reorganization plans as not authorized under the Bankruptcy Code.[1] While the Harrington v. Purdue Pharma decision involved mass tort liability, the broader curtailment of third-party releases in all contexts should cause directors and officers to reevaluate their personal... Read more »
4 Min Read
March 10, 2025

Intellectual Property Due Diligence: Review of Patent Ownership and Title

By: Mary Lou Wakimura, Giovanna Fessenden-Fairbank
An intellectual property (“IP”) portfolio may include patent assets, copyrighted works, trademarks, and trade secrets. Understanding ownership, title, and cloud on title (e.g., third-party rights) of IP assets is of key importance in review and initial valuation of a target portfolio. In particular, understanding specific party ownership and any intervening third-party rights of patent assets... Read more »
14 Min Read
February 13, 2025

A Comparative Analysis of LLCs in Florida and Delaware Versus SRLs in Bolivia

By: Brian Haderspock
This article provides a comparative analysis of two prominent business structures: the limited liability company (“LLC”) in the United States, with a focus on Florida and Delaware, and the Sociedad de Responsabilidad Limitada (“SRL”) in Bolivia. This analysis aims to delve into the fundamental similarities and distinctions that exist between two prominent legal systems: common... Read more »

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