BLT: June 2015

Business & Corporate

Fighting Patent Trolls: New Weapons Emerge

Robert W. Payne

Sooner or later your client’s business may be confronted by a demand from a patent “troll,” saying that the business is infringing the troll’s patents. To continue selling “infringing” products, a license is offered, for a fee. Even when the patent claims are weak, rebuffing these demands has been problematic. Now, new weapons have emerged to even the odds.

Business & Corporate

CFPB and FTC Take Different Approaches in Mobile Cramming Cases

Lucy E. Morris

Last year, the Federal Trade Commission and Consumer Financial Protection Bureau each filed enforcement actions against mobile carriers for allegedly charging consumers for third-party subscription services that the consumers never authorized. While the cases appear to be the same at first blush, there are key differences in the legal theories pursued by each agency. This article explores these differences and what they tell us about the past, present, and future of each agency.

Business & Corporate

United Nations Convention on Contracts for the International Sale of Goods

To better serve their clients, U.S. attorneys should understand how the United Nations Convention on Contracts for the International Sale of Goods and Uniform Commercial Code differ. This article discusses some of those differences.

Business & Corporate

KEEPING CURRENT: Chancery Court Holds That Compensation Paid to Nonemployee Directors Pursuant to Shareholder-Approved Plan Must Be Reviewed Under Entire Fairness Standard

Delaware’s Chancery Court, in its April decision of Calma v. Templeton, has held that payment of compensation to nonemployee directors under a shareholder-approved compensation plan must be reviewed under the entire fairness standard because the shareholders’ omnibus approval of a plan covering several different types of beneficiaries did not constitute ratification of the amount of compensation to be paid to nonemployee directors.

Business & Corporate

DELAWARE INSIDER: Delaware Supreme Court Confirms Viable Path to Dismissal of Lawsuits Against Independent Directors

In the highly anticipated decision of In re Cornerstone Therapeutics Inc. Stockholders Litigation issued in May, the Delaware Supreme Court resolved a perceived split in Delaware authorities and held that independent directors are entitled to dismissal of stockholder claims for monetary damages unless the stockholder plaintiff pleads a nonexculpated claim against those directors.

Business & Corporate

MEMBER SPOTLIGHT: An Interview with Sen. Aaron D. Ford

Aaron D. Ford is juggling more roles and responsibilities than most people: a Nevada state senator, a partner at Snell & Wilner, and married, with four children. Ford won a seat in the Nevada State Senate in 2012, and in 2013, he was recognized by the Nevada Conservation League as Senator of the Year. "I'm doing what I like to do," he said. "In terms of my professional life, the common thread is a desire to serve the public."

Business & Corporate

Inside Business Law

The Business Law Section provides a wealth of free content to its members throughout the year. That content is created by the Section’s Committees and their members, including individuals who participate in Committee webinars or those who author articles for Committee newsletters, Business Law Today, The Business Lawyer, and books published by the Section. This month, “Inside Business Law” highlights the Section’s new “Content Corner,” the latest Business Law Basics CLE Web Series, and recent newsletters released by these Committees: Mergers and Acquisitions, Nonprofit Organizations, Private Equity and Venture Capital, and Consumer Financial Services.