The Bankruptcy Appellate Panel (“BAP”) for the First Circuit recently upheld a licensee’s rights to use a debtor’s trademarks and logo after a rejection by the debtor of the underlying licensing and distribution agreement. Mission Product Holdings, Inc., v. Tempnology LLC (In re Tempnology LLC) 2016 WL 6832837 (Bankr. 1st Cir. 11/18/16). Despite the omission of trademarks in the definition of intellectual property protected by Section 365(n) of the Bankruptcy Code, the BAP determined that the rights of the licensee do not vaporize upon rejection, but rather may be enforced in accordance with the terms of the underlying agreement between the licensee and the Debtor.
If you do not follow the Medium Blog, "Rethink the Practice," do yourself a favor and start today. This post on the potential role of luck in the outcome of high-value legal matters is a thought-provoking read. To summarize, the article explores the concept of "the paradox of skill," which suggests that as skill increases, luck plays a more essential role. For example, in baseball, as more batters and pitchers hone their skills, luck increasingly becomes a determinent in a hitter's batting average. Read the full post:
It's tax filing season, but did you know that it is also phishing season? Tax phishing scams abound at this time of year, and each year they grow more sophisticated. Historically, these scams were aimed at individuals, but there are now scams involving companies as well.
In January, we hosted an event with the Northeast Chapter of the Association of Corporate Counsel (ACC) on cyber security. Matt Field, a cyber insurance expert, participated on the panel, and we are thrilled to offer you a Q&A with Matt on the basics of cyber insurance. Matt is Woodruff-Sawyer's New England practice leader. He is expert in complex risk management and insurance areas, including cyber, D&O, clinical trials and reps and warranties insurance. He works with companies ranging from start-ups to large publicly trade global entities. Find out more about Matt here.
I haven't been able to stop talking about an article from this Sunday's New York Times, "What Google Learned From Its Quest to Build the Perfect Team." We in the legal profession are generally not as adept at working in teams as the Googles of the world, so I thought this article might help CLOs and other in-house legal managers (in addition to law firms!).
In-house counsel hire outside counsel for specific purposes, for example: to document and implement a transaction; to obtain a favorable outcome in a dispute; to provide specialized expertise or counsel; or to provide guidance for complying with a regulation. These services derive their value from the outside lawyer’s ability to deliver a favorable result at the most efficient cost – addressing exposure to risks without an undue level of effort and cost.
We are currently digesting the ACC Chief Legal Officer Survey, which was published this week. There are many interesting takeaways relevant to our mission on InhouseGo2, one of which is the topic of professional development, management and leadership. In 2015, headcount in corporate legal departments continued to increase, and many indicated that they will continue to hire in 2016. In addition, according to the survey, many CLOs consider attracting, retaining and managing their talent a top priority. Perhaps the only thing more complicated than a difficult legal issue is managing people on a day-to-day basis. It's harder still to push ourselves and our teams to grow. In the end, managing is just, well, managing. Our leaders want us to optimize, lead and excel relative to the competition.
Law firms are in the midst of this challenge too, so let's share our resources and understanding of the topic. Below are some great articles for you to use in your legal department. Two are from Harvard Business Review and two are from our very own Director of Professional Development, Ojen Sirin.