After a summer spent on the law practice and some time on the Cape, it is time to pick up the cudgel of posting on the law and, as the name of this site suggests, also about anomalies. Which brings … Continue reading
Stephen Honig
Last week, an expert panel under the auspices of the National Association of Corporate Directors–New England, presented on what a Board should know about use of AI within their own corporation. To this observer, perhaps by reason of awaiting specific … Continue reading
A new Delaware law effective August 1 but applying retrospectively, overturning a contrary court decision, makes it clear that when investors in a Delaware-formed company obtain contractual rights which limit what that corporation can do, those “negative covenants” are in … Continue reading
That college athletes can be paid has become common knowledge and widely reported. What has escaped careful analysis is the May settlement by the NCAA of three antitrust law suits claiming damages for prior failure to compensate college athletes. First, … Continue reading
Delaware law is known to be friendly to management and to boards of directors. Company founders and investors long have favored Delaware corporate law as being best for establishing good governance, predictability of result, and freedom from strike suits by … Continue reading
You may have noticed a paucity of recent posts of late, even though legal issues have dominated much of the news. The Supreme Court has a near-monopoly on legal developments, but of course there are the legal battles of Donald … Continue reading
ESG is the buzz-acronym for investing based on equity, sustainability and governance practices of a company. WOKE is the buzz-acronym for a political movement reflecting one side of a cultural war. Anti-WOKE legislation of varied sorts has been adopted in … Continue reading
First, there is no rush for employers or employees to react; the original FTC Rule was to take effect after 120 days of publication, but as anticipated litigation has been entered by several parties including the US Chamber of Commerce … Continue reading
The adopted FTC Rule voids all present and future employee non-comps after a 120 day waiting period. This Rule will surely be challenged in court and such a challenge likely will delay implementation. It should be noted that the scope … Continue reading
Last week, the US Patent and Trademark Office issued guidance asking that lawyers submitting patent applications limit the number of references cited in the filing as constituting “prior art;” prior art refers to older inventions that should be considered in … Continue reading