Haynes and Boone News

Judith Elkin in Law360: Global And Domestic Hurdles May Rattle Auto Parts Sector

Auto parts maker bankruptcies have largely dwindled since the 2009 industry crisis, but experts say that growing global competition and long-standing pension obligations could lead to a shake-up in the parts manufacturing sector. >>

Rob Lauer in Law360: Franchise Dining Deals Get Supersized in Development Boom

Pent-up private equity, increasing development demands from restaurant brands and a sweet spot in the real estate cycle are all helping to fuel large-scale, multi-unit franchise development deals, experts say. >>

David Siegal in Law360: 2nd Circ. Could Curtail Insider Trading Prosecutions

An impending Second Circuit ruling on whether the government should have to prove that recipients of insider trading tips knew their source stood to benefit from the disclosure could drastically limit prosecutors' ability to pursue charges against those further down the "daisy chain" from an illegal tip, experts say. >>


Recent Publications

ISDA Section 2(a)(iii): Problems and Solutions

In recent years, one clause of the ISDA Master Agreement has been the source of a great deal of consternation among derivatives lawyers: the condition precedent set forth in Section 2(a)(iii), which purports to suspend a party’s payment obligations in the event of a continuing default by the other party. >>

Bloomberg BNA Criminal Law Reporter Guest Article: Judge’s Refusal to Enforce Broad Subpoenas in ‘BridgeGate’ Case

On April 9, a New Jersey Superior Court declined to compel compliance with subpoenas issued by a committee of the New Jersey Legislature investigating the so-called ‘‘BridgeGate’’ controversy surrounding the September 2013 closing of George Washington Bridge traffic access lanes in Fort Lee, N.J. >>

American Bankers Association Bank Compliance Magazine Guest Article: Responding to Examination Findings

Amid the industry's efforts to emerge from the global financial crisis, banks now encounter a new era in examination management. This era is marked by continuing regulatory uncertainty, economic instability, and heightened expectations from prudential regulators. >>

Kyle Musgrove in Law360: High Court Could Declare Open Season On Vague Patents

The U.S. Supreme Court will hear oral arguments Monday in a case that could make it easier to render patents with vague language invalid as indefinite, a move that would provide a new weapon against so-called patent trolls but may put a wide range of patents at risk, attorneys say.

The justices agreed in January to hear an appeal by Nautilus Inc., which argues that the Federal Circuit's standard that patents are not invalid as indefinite unless they are "insolubly ambiguous" makes it too hard to invalidate patents with vague or confusing claims. Nautilus' position has found support from Google Inc. and others, which argue that the court should require greater clarity in patent claims in order to combat frivolous suits by nonpracticing entities, which they say often sue technology companies over vague software patents.

Jason Bloom on Good Day Fox 4 News: Court Hears Aereo TV Case

The U.S. Supreme Court heard arguments in case that pits traditional broadcast TV against new technology. Aereo says it's found a loophole in the law that allows it to send you live and recorded TV over the internet.

Haynes and Boone Advises Alta Mesa Eagle in $173 Million Sale

HOUSTON – In its continued service to clients involved in major shale plays, Haynes and Boone, LLP energy lawyers recently advised an Alta Mesa Holdings, LP subsidiary, Alta Mesa Eagle LLC, in its sale of Eagle Ford oil and gas properties for a sale price of $173 million, subject to customary purchase price adjustments.

The Haynes and Boone deal team was led by Houston Partner Buddy Clark and included Houston Associate Austin Elam.

In Trademark Battle Against Former U.S. Marketing Agent Haynes and Boone Prevails for Chinese IP Firm

In a dispute litigated from California to Oregon to the People’s Republic of China, Haynes and Boone, LLP lawyers have successfully defended a Chinese IP Firm’s trademark against the claims of its former U.S. marketing partner.

The latest victory for firm client AFD China Intellectual Property Law Office (AFD China) came March 28 after a three-day trial in an Oregon federal district court when a jury decided the former marketing agent, AFD USA, had no right to claim ownership of the “AFD” mark because AFD China was the first to use it in U.S. commerce.