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SPACs And PIPEs: A User's Guide
Editor: Mr. Auguste, would you tell our readers something about your professional experience? Auguste: For starters, you should know that I am an immigrant. I was born in Trinidad and came to the U.S. with my family in 1970. I received a scholarship to attend Phillips Academy, Andover, and I then...
Read MoreForum Selection Clauses - Never Mere Boiler Plate
Parties to a contract will, more often than not, include: (i) a forum selection clause to identify the agreed location where disputes among the parties should be litigated and (ii) a choice of law clause to select the law governing the contractual relationship. However, as demonstrated in the...
Read MorePatent Assignments - Employers: Check Your Employment Agreements Before Bringing A Patent Infringement Suit
All of the "owners" of a patent must generally be included in an action to enforce the patent. The failure to include any such necessary party may be grounds for dismissal of the action (entities declining to join in the action may, however, be joined involuntarily). Such defects in "standing"...
Read MoreNavigating The IP Waters In China
Editor: Mr. Caplan, would you tell our readers something about your professional experience? Caplan: I am a partner in Kramer Levin's Intellectual Property Department, where my primary focus is on patent litigation and counseling across a variety of technologies, in addition to prosecution and...
Read MoreWaiver Of Reemployment Ruled Not Retaliation
The United States Court of Appeals for the Tenth Circuit recently held that an employer established a legitimate, non-discriminatory reason for declining to rehire a former employee based upon the terms of a settlement agreement, entered into years earlier to resolve a previous claim under Title...
Read MoreSteps To Prevent And Address Hostile Work Environment Claims
In Schiano v. Quality Payroll Systems, Inc. , 445 F.3d 597 (2d Cir. 2006), the Second Circuit Court of Appeals ruled that hostile work environment claims require a case-by-case factual analysis to determine whether summary judgment is appropriate. In the case before it, the Second Circuit...
Read MoreKramer Levin's Anti-Counterfeiting Litigation Practice: An Aggressive Response To A Big Challenge
Editor: Mr. Potter, would you tell our readers something about your professional experience? Potter: I am a 1988 graduate of NYU Law School, and for the past 15 years I have been a litigator at Kramer Levin. Over the course of my career I have handled a wide variety of complex business...
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