Houston Business Litigation Law Blog

A recent opinion column by U.S. district attorneys Sarah Saldana (Northern District of Texas) and John Bales (Eastern District of Texas) published in The Dallas Morning News discussed the growing concern regarding intellectual property theft.

It is a concern to U.S. attorneys, who prosecute businesses and individuals for IP theft, but an even greater concern to businesses who face IP threats. As the U.S. attorneys note, "The threat of theft is real and growing." They explain that a wide range of important information can now be accessed through computer invasions, including:

• Sales information 
• Customer lists
• Research and development information
• Product designs
• Business methods

In January 2012, Macy's Inc. sued Martha Stewart Living Omnimedia Inc. over what it believed to be a breach of contract. Three months later, it also sued Texas-based J.C. Penney Co. Now, it appears that settlement talks have been unsuccessful. J.C. Penney has asked the court to dismiss Macy's claim.

Macy's Inc. claims that Martha Stewart Living breached its contract with Macy's by allowing J.C. Penney to sell certain bedding and cookware items. J.C. Penney had planned on opening mini-stores to sell those Martha Stewart items; Macy's asked for a court injunction to prevent J.C. Penney from selling the goods. Martha Stewart Living fought back, alleging that Macy's breached the contract by stocking and pricing products to favor brands other than Martha Stewart.

When a business goes about acquiring another company; another piece of property; or another asset, there are many steps that need to be followed to ensure the deal is compliant with local and federal laws. There are also complex negotiations that need to take place, which can collapse if both parties do not respect the intrinsic nature of these deals. In both regards, an experienced business law attorney can help a business get past these hurdles and enjoy a brighter future.

Once the company or asset is acquired, the assuming company will inevitably need to answer some questions about how their new entity will integrate into the organization. For example, will employees associated with the asset be retained? Will certain aspects of the assumed asset be cut? What about the trade secrets the company or asset possessed?

The death of print media has been a long and painful one, as the industry's obsolete offerings turn it into an unprofitable (and liable) asset. Newspapers have been struggling for years, as have many book stores. And now Time Warner appears to have signaled that the magazine industry's tombstone is not that far off.

Formerly a massive conglomerate (though still quite a profitable entity), Time Warner announced recently that the arm of their company responsible for iconic magazine titles such as Sports Illustrated, Time and Fortune -- called Time Inc. -- would be "spun off" into its own standalone company.