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© 2016 Fox Rothschild Panelist Issues and Key Legal Issues Leonard N. Budow, Esq. Partner April 10, 2016
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Panel Issues United States Trends in Consumer Goods Regulations, the law and your product: – Laissez Faire and 1,000,000 regulations Sentier dreaming: – The US $100,000,000 order BSD in the United States – County of Origin, labeling and branding
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Legal Overview Laws, laws and more laws Corporations, Limited Liability Companies, Joint Ventures and Branches Real Estate and the US $3,000,000 Bogey Patriot Act Corrupt Practices Act or the FCPA Sarbanes Oxley
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United Nations Convention on the International Sale of Goods The Big One - or what do we do now Battle of the Forms Israel and the CISG--Good Faith Is the CISG “US law” or “Israeli law?” No perfect tender rule Contract formation Parole Evidence
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The First Sale Doctrine Not just copyright Manufacturer—Middleman—U.S. Buyer Elements of a true first sale: – A bona fide sale by transfer of title between manufacturer and middleman – Evidence that the time of the sale goods were meant for the U.S. – Arm’s length sale between manufacturer and middleman – Treasury Decision 96-87 to determine transaction value
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E-Commerce and Data Privacy Security United States and State laws What is personal data? Data Protection Officers Collection and Processing Enforcement Fax Marketing Online Advertising - disclosures in digital advertising
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Intellectual Property Types of Intellectual Property – Trademark, copyright and patent – Trade secrets Value of U.S. Intellectual Property – Exclusivity – Business valuation – Enforcement Comparison of Israeli v. U.S. protection
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Intellectual Property A.Trademarks 1.Commerce v Registration 2.US National Rights and Use 3.Geographic Use 4.Ownership by a Non US entity and Use 5.Madrid Protocol 6.Basis for opposing a trademark registration 7.Intention to Use 8.Incontestability 9.Cancellation Proceedings
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Intellectual Property B.Copyright 1.Berne Treaty 2. Infringement Actions 3.Statutory Damage sand Attorney’s Fees v Actual Damages 4.Prevailing Party Rule 5.Settlements—Reasonable Royalty
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Israeli Investments in the United States – U.S. Tax Considerations Passive Investments Income from a U.S. Trade or Business – Branch – Partnership – Corporation Repatriation of Income Real Property
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About Fox Rothschild LLP American law firm with nearly 750 attorneys practicing in 22 offices coast to coast.
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About Fox Rothschild LLP Serving clients for more than a century and climbing the ranks of the nation’s largest firms for many years, according to both The Am Law 100 and The National Law Journal. Named a “Go-To Law Firm” in annual survey of Fortune 500 companies
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About Fox Rothschild LLP Our lawyers provide a full range of legal services to public and private companies based on eight core areas of law: o Corporate o Entertainment Law o Financial Restructuring and Bankruptcy o Intellectual Property o Labor and Employment o Litigation o Real Estate o Taxation and Wealth Planning
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Leonard N. Budow, Esq. 212.878.7902 LBudow@foxrothschild.com
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