This one-hour panel will address emerging issues posed by COVID-19 in the field of business valuations and transactions. Speakers will discuss how COVID-19 factors into negotiations to purchase businesses, including how buyers and sellers evaluate risk and make predictions about their future investments; how COVID-19 changes deal structures and the contingency plans now required to close deals; and how COVID-19 impacts the valuation process, including how business appraisers evaluate COVID-19-related losses.
Cert. Credits 1.0 Business Litigation; 1.0 Intellectual Property
The presentation will discuss my article that presents the first qualitative empirical review of permanent injunctions in trade secret cases. It explores the extent to which the Supreme Court’s patent decision in eBay v. MercExchange has influenced the analysis of equitable principles in federal trade secret litigation. Among the more notable findings are that while equitable principles are generally applied in determining whether to grant a permanent injunction to a prevailing party after trial, the courts are not necessarily strictly applying the four factors from eBay. The award of monetary relief does not preclude equitable injunctive relief, and courts can find irreparable harm even where the loss has been compensated monetarily. Moreover, where injunctions are requested but denied, the lack of irreparable harm seemed to have been the factor most often articulated as the reason for the denial