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Finance | Private Equity
SEC Adopts Final Rules Permitting General Solicitation In Private Offerings
On July 10, 2013, the SEC at an open meeting (i) adopted final rules eliminating the prohibition against general solicitation and general advertising (hereinafter referred to as a general solicitation) in certain securities offerings conducted pursuant to Rule 506 of Regulation D under the...
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FTC v. Actavis: The Supreme Court Decision And Going-Forward Scrutiny Of Reverse Payment Settlement Agreements
Introduction A controversy over what the Supreme Court has now defined as “reverse payment settlement agreements” has been brewing for years. A reverse payment settlement agreement is a settlement agreement resolving patent infringement litigation brought by an innovator against a...
Read MoreDiscovery
Why Big Data Is A Big Deal
Editor: Tell us about your legal practice and your involvement in matters relating to Big Data. Berezin: I’m a member of Weil’s Complex Commercial and Patent Litigation groups and am based in Weil’s New York office. My practice focuses on litigation related to technology, as...
Read MoreIntellectual Property
District Court Enters The FRAND Fray
A number of federal court decisions and recent enforcement actions by the U.S. antitrust agencies have highlighted the importance of abiding by commitments to license patents that have been declared essential (SEPs) on “fair, reasonable, and non-discriminatory” (RAND or FRAND) terms....
Read MoreCybersecurity
Protecting Your Intellectual Property Assets
Editor: What are some of the general principles governing non-compete clauses? Epstein: Non-compete clauses are governed by state law, and courts generally scrutinize non-compete provisions strictly and take a rigorous view when being asked to enforce these types of provisions. ...
Read MoreAntitrust & Competition
Important Changes To UK Competition Law Regime
On May 2, 2013, the Enterprise and Regulatory Reform Act 2013 (the Act) was published after receiving Royal Assent on April 25, 2013. The Act amends the Competition Act 1998 and the Enterprise Act 2002 to introduce a number of important changes to the competition law regime in the United Kingdom...
Read MoreBankruptcy & Restructuring
Suntech Power: Challenges Under PRC Bankruptcy
More than six years have passed since the adoption of the revised PRC Enterprise Bankruptcy Law (PRC Bankruptcy Law), which was adopted on August 27, 2006, and came into effect on June 1, 2007. While there have been numerous filings by Chinese companies under the PRC Bankruptcy Law since its...
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