Resources Archive | McDermott Resources Archive | McDermott

McDermott Will & Schulte, a global law firm

Archives: Resources

  • Credit Conditions

    Credit Conditions

    RESOURCE

    Credit Conditions

    A quarterly report from McDermott Will & Schulte analyzing recent debt market trends.

    Read time: 4 min

    Issues
    Webinars
    Get in touch

    Stephanie S. McCann

    Partner

    Chicago

    Gary B. Rosenbaum

    Partner

    Los Angeles

    Michael L. Boykins

    Partner

    Chicago


  • Life Sciences Entrepreneurs Acceleration Program (LEAP)

    Life Sciences Entrepreneurs Acceleration Program (LEAP)

    RESOURCE

    Life Sciences Entrepreneurs Acceleration Program (LEAP)

    Read time: 4 min

    Overview
    Helping your life sciences startup succeed

    For life sciences entrepreneurs on a mission to improve health through innovation, the firm has created the Life Sciences Entrepreneurs Acceleration Program (LEAP). LEAP brings the right combination of people, skills and leadership to bear when you need it, helping aggressively grow your business and master your legal needs.

    As an early-stage life sciences company, you face new legal and business challenges daily. We provide high-potential organizations with top-quality legal services during the earliest stages of corporate development, and help ease the cost of these services through engagement incentives in the form of deferred fees, discounts and fixed-fee arrangements.

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    “Through the LEAP program you get the depth of one of the leading global life sciences firms, a direct relationship with a partner so you can get the answers that you need, and discounted and deferred fees that work for an early-stage company.”

    CytoSite CEO James Jenson (LEAP graduate)

    Insights
    Contact
    Get in touch

    Byron S. Kalogerou

    Partner

    Boston

    Richard B. Smith

    Counsel

    Boston

    Monica R. Chmielewski

    Partner

    Miami, Chicago

    Nathan Gray

    Associate

    Washington, DC

    Lucie Martin

    Counsel

    Paris

    Mark J. Mihanovic

    Partner

    Silicon Valley, Los Angeles

    Judy Mohr , PhD

    Partner

    Silicon Valley

    James R. Ravitz

    Partner

    Washington, DC

    Jeff Weinstein

    Counsel

    Washington, DC

    Kristian A. Werling

    Partner

    Chicago


  • ITC Section 337 Proceedings

    ITC Section 337 Proceedings

    RESOURCE

    ITC Section
    337 Proceedings

    Read time: 5 min

    Overview

    The outcome of a US International Trade Commission (ITC) investigation can result in aftershocks that affect both the immediate and long-term future of your business and intellectual property (IP) lifecycle. At the heart of an ITC Section 337 proceeding is the question of whether an imported product violates US intellectual property rights.

    With our business-first perspective on ITC investigations, we understand the urgency and necessity of securing a favorable outcome to protect and enforce your ability to remain operational. If there is a finding of infringement, the ITC can ban the importation or sale of imported goods in the United States, or you could lose market access in the United States and experience disruptions to your supply chain—and it happens quickly. To optimize the likelihood of success, you need an agile team with a deep understanding of the industry and the ability to manage the complex, fast-paced nature of ITC investigations through trial.

    Ranked nationally in the United States for ITC litigation

    Managing Intellectual Property 2023

    The world’s leading patent practitioners recognized the firm nationally, internationally

    IAM Patent 1000: The World’s Leading Patent Professionals 2023

    The firm “offers a one-stop shop for clients seeking seamless representation in disputes involving an ITC component and federal court litigation.”

    The Legal 500 US

    Recognized as one of the leading IP firms

    Chambers USA

    Singled out for our work on “high-value…ITC investigations”

    Chambers USA

    Insights
    Results
    • Achieved a series of victories before the Patent Trial & Appeal Board, the US Court of Appeals for the Federal Circuit and the ITC on behalf of Traeger Pellet Grills LLC in its ongoing litigation against GMG Products LLC regarding patents related to cloud-connected grill technology. The ITC found that GMG was in violation of Section 337 and issued a limited exclusion order against GMG
    • Secured a favorable settlement on behalf of RoboSense (Suteng Innovation Technology Co., Ltd.) just a few weeks before trial in an ITC investigation opposite Velodyne Lidar related to LiDAR technology
    • Secured a final determination of no infringement on behalf of ZTE Corporation in an ITC investigation regarding 3G and 4G/LTE networking technologies

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    Jay H. Reiziss

    Partner

    Washington, DC

    Ian B. Brooks

    Partner

    Washington, DC

    Michael P. Chu

    Partner

    Chicago

    Mandy H. Kim

    Partner

    Orange County, Los Angeles

    Amol Parikh

    Partner

    Chicago

    David Tobin

    Partner

    Dallas, Austin


  • Corporate Board Investigations

    Corporate Board Investigations

    RESOURCE

    Corporate Board Investigations

    Read time: 4 min

    Overview

    Against a backdrop of ever-heightening scrutiny, your company and board of directors face increasingly significant, complex situations that require conducting internal investigations, including independent investigations. In the midst of these circumstances, it’s crucial to have experience on your side. You can rely on our skilled corporate board investigations team to handle your most sensitive, high-stakes matters immediately and effectively.

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    Insights
    Results

    Select Investigation Matters

    • Conducted board audit committee investigation for a Fortune 500 publicly traded software technology and services company regarding financial accounting, public disclosures, executive compensation, senior management conduct, whistleblower claims and retaliation allegations. Representation included advising the audit committee in connection with a related SEC investigation.
    • Represented a board special litigation committee of the then-largest non-traded real estate investment trust (REIT) in connection with an independent investigation of derivative demand allegations, along with an SEC investigation.
    • Conducted board audit committee investigation for a large publicly traded server technology company for multiple internal investigations of accounting issues, including revenue recognition, internal controls and senior management conduct. Representation included advising the audit committee in connection with a related SEC investigation, NASDAQ matter and financial restatement.

    See More

    Key contacts

    Ashley R. Altschuler

    Partner

    Wilmington

    Benton Curtis

    Partner

    Miami

    Michael Dockterman

    Partner

    Chicago

    James Durkin

    Partner

    Chicago

    Maxime Girault

    Associate

    Paris

    Eugene I. Goldman

    Counsel

    Washington, DC

    Gordon A. Greenberg

    Counsel

    Los Angeles

    Todd Harrison

    Partner

    New York – One Vanderbilt Avenue

    Russell Hayman

    Partner

    Los Angeles

    Paul M.G. Helms

    Partner

    Chicago, Washington, DC

    Ashley Hoff

    Counsel

    Austin

    Nicolette Kost De Sèvres

    Partner

    Washington, DC, Paris

    Matthew Madden

    Partner

    Chicago

    Laura McLane

    Partner

    Boston

    Dana M. McSherry

    Partner

    Boston

    Hilton Mervis

    Partner

    London – 22 Bishopsgate

    David K. Momborquette

    Partner

    New York – One Vanderbilt Avenue

    Stavroula (Lina) Nikolaidou

    Associate, Counsel

    Paris

    Mark W. Pearlstein

    Partner

    Boston

    Sagar K. Ravi

    Partner

    Washington, DC, New York – One Vanderbilt Avenue

    Brandon Roker

    Partner

    Los Angeles

    Steven S. Scholes

    Partner

    Chicago

    Alexander H. Southwell

    Partner

    New York – One Vanderbilt Avenue

    Jeffrey E. Stone

    Partner

    Chicago

    Paul M. Thompson

    Partner

    Washington, DC


  • Dawn Raid Guide

    Dawn Raid Guide

    RESOURCE

    Dawn Raid Guide

    Practical support for unannounced inspections

    Read time: 4 min

    Overview

    Recently, there has been a noticeable increase in so-called “Dawn Raids,” i.e., unannounced on-site inspections and searches by antitrust authorities. This is likely due to catch-up effects after the pandemic, new investigative and detection methods by the authorities, and increased whistleblowing from within companies.

    Application

    With our Dawn Raid Guide, you can not only prepare well for investigations but also have a guide at hand to quickly refer to during an actual antitrust search or other on-site inspection. A look at our Dawn Raid Guide offers first aid for practice purposes as well as in individual cases. We also recommend individual consultations to create internal search and dawn raid guidelines tailored to the specific situation of reception staff, affected managers, the legal department, and company management.

    Objective

    In the event of a “Dawn Raid,” it is crucial to act quickly and make the right decisions in a very short time to prevent damage to the company and potentially involved managers. Feel free to use the freely available Chapter 1 of our Dawn Raid Guide for initial preparation and contact us for further support, even during a “Dawn Raid,” at any time via email at kartellrecht@mwe.com or by phone at +49 211 3021 1010.

    In practice

    We have extensive experience and expertise in accompanying antitrust proceedings, both during and after an initial, unexpected official intervention. With the right preparation and support from our international and interdisciplinary network, you can best reduce the risk of fines and other negative consequences that may arise from an antitrust proceeding.

    View guide
    Dawn Raid Guide

    Dawn Raid Guide

    Chapter 1

    Dawn Raid Guide

    Dawn Raid Guide

    Chapter 2

    Dawn Raid Guide

    Dawn Raid Guide

    Chapter 3

    Dawn Raid Guide

    Dawn Raid Guide

    Chapter 4

    Dawn Raid Guide

    Dawn Raid Guide

    Chapter 5

    Key contacts

    Christian Krohs

    Partner

    Düsseldorf, Cologne

    Carina Kant

    Partner

    Düsseldorf, Cologne

    Dr. Laura Stammwitz

    Counsel, Partner

    Frankfurt

    More Insights

  • Direct Primary Care Arrangements 50-State Survey

    Direct Primary Care Arrangements 50-State Survey

    Direct Primary

    Care Arrangements

    Direct Primary Care Arrangements

    Direct-to-consumer healthcare arrangements can sometimes implicate state insurance laws, especially when those arrangements involve the provision of unlimited healthcare services for a fixed fee. Yet both providers and patients are increasingly interested in entering into these direct contracts, and state insurance regulators are paying attention.

     

    In approximately half of US states, new laws explicitly exempt direct primary care (DPC) arrangements from insurance regulation. These laws often apply to a narrow scope of arrangements and require providers to build patient protections into their contracts – such as clear cancellation and refund terms.

    While these new laws provide certainty for some providers, questions remain:

    • How could these arrangements be regulated in states that have not passed DPC laws?
    • How might regulators think about arrangements that are close to, but fall outside of, those described in the state laws (such as arrangements covering certain types of specialty care)?

    DPC laws map

    We are closely tracking these laws and advising clients on what they mean for different business models. This is a high-level guide to the current state laws on DPC arrangements.

    Download now

    Key contacts

    Kate McDonald

    Partner

    Washington, DC

    Emily R. Curran

    Associate

    Washington, DC