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The Trademark Trial and Appeal Board (“TTAB”) has ruled in re: Bottega Veneta International S.a.r.l., no. 77219184 (TTAB Oct. 4, 2013) that protection is appropriate for Bottega Veneta’s signature “weave design, described as a: “configuration of slim, uniformly-sized strips of leather, ranging from 8 to 12 millimeters in width, interlaced to form a repeating plain or …
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Permanent link to this article: https://betweenthenumbers.net/2013/10/bottega-veneta-successfully-trademarks-its-signature-design-element/
Recently, in the matter of Richard Todd Thomas v. James S. Bostwick, the Northern District of California rejected a motion to dismiss, allowing a convicted embezzler to pursue retirement funds retained by his former employer (the victim of his crimes). Thomas was an employee of James S. Bostwick, a Professional Corporation (“Bostwick, Inc.”) from 1996 …
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Permanent link to this article: https://betweenthenumbers.net/2013/10/embezzlers-401k-is-off-limits-to-victim-employer/
A recent article about a convicted Kiwi fraudster demonstrates the fraud triangle (described here) at work. Hohepa Morehu-Barlow claims his 14 year jail sentence is too harsh given that, while he defrauded the Australian state of Queensland out of more than A$16 million, the judge failed to consider the impact of the theft on the victim, …
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Permanent link to this article: https://betweenthenumbers.net/2013/10/fake-prince-rationalizes-embezzlement-asks-for-leniency/
A patent and license portfolio can provide a consistent and reliable revenue stream. However, many companies have technology, trademarks, and merchandising opportunities that are not fully exploited. Even if fully licensed, there is often considerable upside available via vigilant enforcement of audit provisions to ensure all amounts due are paid. Unlike almost any other business …
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Permanent link to this article: https://betweenthenumbers.net/2013/10/too-many-fail-to-audit-their-licensing-agreements-leaving-royalties-on-the-table/
…nobody knows. The recipient of a $14 million plus whistleblower award, the largest thus far, has chosen to remain anonymous and the SEC is legally obligated to protect his or her anonymity. In announcing the award, the SEC would only say that the original information and assistance provided by the whistleblower led to an SEC …
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Permanent link to this article: https://betweenthenumbers.net/2013/10/and-the-biggest-whistleblower-award-goes-to/
The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) ordered Clean Diesel Technologies Inc.(“CDTI”) to pay $1.9 million to its former chief financial officer in association with a violation of the whistleblower provisions of the Sarbanes-Oxley Act. OSHA determined that CDTI wrongfully terminated the former CFO in April 2010 after he warned the board …
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Permanent link to this article: https://betweenthenumbers.net/2013/10/1-9-million-to-whistleblower-cfo/
The American Arbitration Association (“AAA”)’s recent revisions to the AAA’s Commercial Arbitration Rules are effective for any AAA-administered arbitration filed on or after today, October 1. One area of update is the discovery process. Going forward, unless otherwise agreed to by the parties, these new rules should make it easier for arbitrators to more closely control …
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Permanent link to this article: https://betweenthenumbers.net/2013/10/new-aaa-discovery-rules-are-in-effect/
The IRS recently issued Chief Counsel Advice (CCA) Memorandum 20133501F, which addresses the appropriate tax treatment for litigation settlements with current or former employees. The guidance was as follows: “When are attorney’s fees paid by an employer as part of a settlement agreement with a former employee subject to employment taxes? In the absence of a …
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Permanent link to this article: https://betweenthenumbers.net/2013/09/tax-treatment-for-employee-litigation-settlements/
FASB has agreed to work on decreasing financial reporting complexity for development stage companies. FASB defines such companies as those which devote substantially all efforts to establishing a new business and: Have not begun planned principal operations; or Have begun planned principal operations without producing significant revenue. Under existing Generally Accepted Accounting Principles (“GAAP”), development-stage entities must …
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Permanent link to this article: https://betweenthenumbers.net/2013/09/fasb-to-alter-reporting-for-development-stage-companies/
A recently affirmed decision to grant judgment for the defendant as a matter of law in Rembrandt Vision Technologies, Inc. v. Johnson & Johnson Vision Care, Inc. highlights the importance of expert testimony that is consistent with previously disclosed opinions presented in a Rule 26 report. In this matter, the expert’s testimony was struck because …
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Permanent link to this article: https://betweenthenumbers.net/2013/09/expert-thrown-out-after-claiming-major-report-typos-on-cross/
