Panelist Issues and Key Legal Issues Leonard N

Panelist Issues and Key Legal Issues Leonard N. Budow, Esq. Partner April 10, 2016 © 2016 Fox Rothschild

Panel Issues • United States Trends in Consumer Goods • Regulations, the law and your product: – Laissez Faire and 1, 000 regulations • Sentier dreaming: – The US $100, 000 order • BSD in the United States – County of Origin, labeling and branding

Legal Overview • Laws, laws and more laws • Corporations, Limited Liability Companies, Joint Ventures and Branches • Real Estate and the US $3, 000 Bogey • Patriot Act • Corrupt Practices Act or the FCPA • Sarbanes Oxley

United Nations Convention on the International Sale of Goods • • The Big One - or what do we do now Battle of the Forms Israel and the CISG--Good Faith Is the CISG “US law” or “Israeli law? ” No perfect tender rule Contract formation Parole Evidence

The First Sale Doctrine • Not just copyright • Manufacturer—Middleman—U. S. Buyer • Elements of a true first sale: – A bona fide sale by transfer of title between manufacturer and middleman – Evidence that the time of the sale goods were meant for the U. S. – Arm’s length sale between manufacturer and middleman – Treasury Decision 96 -87 to determine transaction value

E-Commerce and Data Privacy Security • • United States and State laws What is personal data? Data Protection Officers Collection and Processing Enforcement Fax Marketing Online Advertising - disclosures in digital advertising

Intellectual Property • Types of Intellectual Property – Trademark, copyright and patent – Trade secrets • Value of U. S. Intellectual Property – Exclusivity – Business valuation – Enforcement • Comparison of Israeli v. U. S. protection

Intellectual Property A. Trademarks 1. 2. 3. 4. 5. 6. 7. 8. 9. Commerce v Registration US National Rights and Use Geographic Use Ownership by a Non US entity and Use Madrid Protocol Basis for opposing a trademark registration Intention to Use Incontestability Cancellation Proceedings

Intellectual Property B. Copyright 1. Berne Treaty 2. Infringement Actions 3. Statutory Damage sand Attorney’s Fees v Actual Damages 4. Prevailing Party Rule 5. Settlements—Reasonable Royalty

Israeli Investments in the United States – U. S. Tax Considerations • Passive Investments • Income from a U. S. Trade or Business – Branch – Partnership – Corporation • Repatriation of Income • Real Property

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Leonard N. Budow, Esq. 212. 878. 7902 LBudow@foxrothschild. com