The Legal BriefRegulatoryMichelle Wooton and Brian Jett Article Featured in ALI CLE’s The Practical Real Estate LawyerDecember 16, 2022 Jackson Kelly Members Michelle Wooton and Brian Jett recently had an article published appearing in ALI CLE’s The Practical Real Estate Lawyer, which you can find on their website, www.ali-cle.org, and it is attached here in a PDF. The article looks at 13 questions on liquidated damage remedies in real estate purchase contracts under the laws in West Virginia. NCAA Approves New Guidance for Player EndorsementsOctober 28, 2022 The NCAA’s Division I Board of Directors approved new guidance on name, image, and likeness activities. The guidelines, approved on October 26, 2022, clarify how and when schools, coaches, and staff may be involved with athletes’ endorsement and sponsorship deals. Technically, the NCAA did not approve new rules. Instead, the NCAA issued guidance intended to clarify the existing NCAA policy. “The… Trade Secrets and Patents: Which to Use?October 24, 2022 Intellectual property (IP) provides some of the largest value to many companies. But protecting that property through patents can prove to be expensive, while failing to protect some crucial IP like customer lists. In lieu of patents, many companies should consider classifying IP as a trade secret, which enjoys protection under U.S. law and can often be obtained at far lower costs. Patents require… THERE’S NO SUCH THING AS FRIENDS AND FAMILY UNDER THE SECURITIES LAWSAugust 29, 2022 There are three types of securities offerings: registered, exempt, and illegal. When raising capital for a start-up business, many entrepreneurs are very surprised to learn that there is no “friends and family” exemption under the securities laws. Often, entrepreneurs speak of raising money from a “friends and family” offering. “Friends and family” only identifies to whom the offering is made. It… NEW SEC MANDATORY CLIMATE DISCLOSURES COULD COME AS EARLY AS THIS FALLJuly 25, 2022 There needs to be clear rules of the road for disclosing climate risk.” SEC Chair Gary Gensler “We are not the Securities and Environment Commission – at least not yet.” Commissioner Hester M. Peirce On March 21, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed its long-awaited and groundbreaking rules intended to standardize and enhance climate-related disclosures for domestic… Should I Stay or Should I Go? You Should Probably Stay: U.S. Supreme Court Poised to Resolve Circuit Split on Effect of Bankruptcy Code § 363(m) on AppealsJuly 20, 2022 On June 27, 2022, the United States Supreme Court granted certiorari to possibly resolve the circuit split concerning the effect closing a bankruptcy sale under 11 U.S.C. § 363 has on appeals involving the sale order. MOAC Holdings LLC v. Transform Holdco LLC, 21-1270 (Sup. Ct.) In MOAC, Mall of America is challenging the bankruptcy court’s decision in the Sears bankruptcy to allow the buyer to… "'THE'" Is Now A Trademarked Word?July 11, 2022 On June 21, 2022, The Ohio State University (OSU) added to their $12.5 million-dollar annual trademark and licensing portfolio by officially receiving a registered trademark for the word “THE” from the US Patent and Trademark Office (USPTO). This does not mean every commercial use of the word “THE” must be licensed from OSU. Instead, the trademark is limited to “clothing, namely, t-shirts,… Enforcing Trademarks Through Customs RecordationAugust 27, 2021 Federal trademark owners can provide added protection for their mark by recording the registration on the Principal Register with U.S. Customs and Border Protection (“CBP”). This cost-effective method helps address infringing products imported into the United States. In 2020, CBP seized 26,503 shipments of counterfeit goods worth more than $1.3 billion. The CBP also arrested 203 individuals,… New Fees Announced By United States Patent and Trademark OfficeNovember 24, 2020 The United States Patent and Trademark Office (“USPTO”) announced it will raise most of its trademark filings fees and implement new fees as of January 1, 2021. These higher costs will impact every aspect of trademark prosecution, including appeal, cancellation, and opposition proceedings before the Trademark Trial and Appeal Board. With filing fees increase, trademark owners should review their… SEC Opens Private Offerings to More InvestorsAugust 28, 2020 On August 26, 2020, the U.S. Securities and Exchange Commission (SEC) expanded the definition of “accredited investor” to allow persons with certain professional experience to invest in private offerings. The “accredited Investor” definition is one of the main tests for determining who is eligible to participate in a private offering under Rules 506(b) and 506(c) of Regulation D. Before the… SEC Coronavirus/COVID-19 ResponseMarch 26, 2020 In response to COVID-19, the Securities and Exchange Commission (“SEC”) has taken a variety of actions to assist and advise registered companies. These actions include:
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