Category Archives: Business

Subscribe to Business RSS Feed

Don’t Be Inconspicuous: Disclaiming the Implied Warranty of Merchantability

NGM_business
Some of the most important terms in any contract for the sale of goods are the warranties that apply to the goods.  In addition to any express warranties made by the seller, the law implies certain warranties in some contracts unless the seller expressly disclaims them, which may be trickier than expected.  One such warranty—the … Continue reading this entry

Sustainability Reporting Trends in the New Year – ’16 going on ‘17

NGM_icons_sustain
If you’re feeling uncertain or confused about the future of sustainability reporting in the United States, you’re not alone. With the business world’s adoption of sustainability reports moving full steam ahead—and increasing hunger for such information and transparency from global consumers and investors—the new Trump administration is going in a completely different direction. This blog … Continue reading this entry

NAFTA Under the New Trump Administration

WorldFlags
The election of Mr. Trump as the President of the United States has created considerable uncertainty regarding the U.S. investment climate. Chief among these uncertainties is the status of the North American Free Trade Agreement (NAFTA), which President-Elect Trump repeatedly attacked for leading to the loss of U.S. manufacturing jobs. President-Elect Trump has vowed to renegotiate the … Continue reading this entry

Fashion Branding: What's in a Name?

NGM_business
The fashion industry, more so than almost any other industry, is driven by individuals — individuals who capture the essence of a desired persona with their unique clothing and accessory designs. Individuals whose very names evoke images of glamour and style. Individuals whose names have become famous international corporate brands. Burberry, Chanel, Gucci, Prada, Versace. … Continue reading this entry

Delaware Bankruptcy Court Upholds Reclamation Creditors’ Rights

Money
Vendors – take note! The Delaware bankruptcy court In re Reichhold Holdings US Inc. recently issued an important ruling for vendors asserting reclamation rights. Under section 546(c) of the Bankruptcy Code, a vendor may reclaim goods sold on credit to an insolvent debtor that has filed bankruptcy. Reichhold addressed an issue plaguing reclamation claimants:  does … Continue reading this entry

Update: Antitrust-Intellectual Property Licensing Guidelines

confidential
The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced, on August 12, 2016, they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing of Intellectual Property issued in 1995. The majority of the Proposed Guidelines update relevant authorities to reflect developments in … Continue reading this entry

Enjoy Your Labor Day!

The Manufacturing Industry Advisor team wishes you a safe and happy holiday weekend. We’ll be back to our regular posting soon. Thanks for your continued support of our blog!  … Continue reading this entry

The Brexit and Patent Law: What You Need to Know

NGM_icons_IP
Now that some time has passed since the Brexit vote, some of the ways in which the vote is likely to impact British patent law are becoming clearer. Here is a quick summary of some of the primary concerns. The UK Patents Act of 1977 The Brexit will not have direct impact the UK Patents … Continue reading this entry

$3 Million Spoliation Sanction Despite Company’s Litigation Hold

Courtroom
Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar lessons—remain to be learned about how to satisfy the duty to preserve evidence. The Delaware federal court clearly delivered this message by imposing a $3 million sanction, plus associated fees and … Continue reading this entry