Extracting the lessons from several recent cases, Dave McGrath presents (a) ten common employer mistakes that threaten the enforceability of restrictive agreements; (b) brief explanations of the circumstances that give rise to those mistakes; and (c) recommended best practices aimed at significantly increasing the likelihood that the agreements will be enforced.  [Contact Author]

Most companies recognize the importance of effective branding. While companies devote much time and attention to trademark selection and marketing, they often overlook the importance of using trademarks properly. Failure to use a mark properly can result in the unexpected loss of rights in the mark. This article will discuss some of the common problems related to trademark use and how they can be avoided.  [Contact Author]

The consequences of selling unregistered securities can be harsh - regulatory proceedings, fines, and rescission of sales. Registration, however, is an expensive and lengthy process, making its exceptions particularly attractive to companies seeking capital. Recent changes to New Hampshire law modify the state’s exceptions from registration in important ways and, as a result, companies interested in raising money should take notice.  [Contact Author]

The federal income tax treatment of intellectual property has evolved gradually over time and today involves a patchwork of significant statutory, administrative and common-law elements. Pulling all the rules together to determine the right tax treatment in a particular situation can be difficult. Adding to the complexity is the fact that the treatment selected during development or at the time of acquisition can affect the treatment that applies on disposition. As with most tax issues, however, a systematic approach can remove a great deal of the uncertainty surrounding tax planning for intellectual property transactions.  [Contact Authors]

For many managers of an emerging business, the ultimate achievement is successfully taking their company public in an underwritten public offering. In reality, the decision to take a closely-held company public presents a very complex proposition for management. The emerging business must decide whether conditions in its business and conditions in the stock markets are advantageous for an IPO. The business must also weigh the benefits and burdens of public company status well in advance of any decision to do so.  [Contact Author]

Given the growing number of judicial and statutory vehicles for the recovery of attorneys’ fees, there are more and more opportunities for litigants to pursue such an award. While the increasing availability of fee awards makes litigation more expensive for businesses, a recent federal case suggests that courts are adopting a more reasonable approach to calculating fee awards, making the risk of litigation somewhat more palatable.  [Contact Authors]

For more than 100 years, Canobie Lake Park in Salem, New Hampshire has entertained families with convenient and fun-filled excursions. But the Park is so much more. Canobie Lake Park offers rich insight into Americana and prudent business practices, while adapting with the times and continually putting smiles on the faces of young and old alike.