- AdoptionMcDermott’s pro bono program seeks to bridge the gap for low-income individuals by providing critical legal services in the areas of family law, civil rights, housing, benefits, special education, school discipline, adoption and guardianship, elder abuse, criminal defense and asylum and immigration. We provide legal services to nonprofits and entrepreneurs serving disadvantaged communities. We also seek to alleviate poverty, protect human rights and effect legal and social change around the world through our collaborations with international non-governmental organizations and social enterprises.
- Guardianship
- Criminal Defense
- FraudVerifying the identity of a patient prior to delivering telehealth services is important to prevent a range of potential risks, including the creation of fake accounts, insurance fraud and drug abuse/diversion. A growing number of states and health plans require the verification of a patient’s identity. This verification activity has become a standard practice in the telehealth industry and is expected to continue.
- Restraining OrderIntellectual Property: The intellectual property (IP) lawyers at McDermott counsel numerous alcohol beverage companies on their IP needs, protecting the integrity of some of the industry’s most celebrated trademarks. We offer comprehensive services, covering portfolio management, trademarks, patents, trade secrets, copyrights and, when needed, litigation to protect and pursue prosecution of violators of protected IP assets. We have experience negotiating licensing transactions along with establishing brand identity policing programs. Our Firm has represented clients in trademark and trade dress infringement suits in federal courts throughout the United States, obtaining temporary restraining orders, preliminary and permanent injunctions and damages against infringers and importers of illegal counterfeit goods.
- Mergers and Acquisitions
- Business Disputes
- Trade Secrets
- Intellectual PropertyIntellectual Property Rights. You acknowledge that, in the event of any third-party claim that an iOS App or your possession and use of an iOS App infringes that third party’s intellectual property rights, McDermott, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Unfair CompetitionAdvertising: Our Alcohol Regulatory & Distribution Group routinely counsels clients on the advertising requirements of the Alcohol and Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC), state alcohol control authorities and attorneys general, as well as voluntary industry advertising codes. Our lawyers screen advertising across all media for compliance with government statutes, regulations and policies, and, when needed, conduct litigation risk analysis under the Lanham Act and similar laws. Our professionals have vast experience, having represented clients in federal unfair competition litigation, TTB permit actions, FTC investigations and state administrative proceedings arising from the advertising of alcohol beverages. We work across practices with our Intellectual Property, Media & Technology Group to provide comprehensive advice on all aspects of preparing and implementing marketing, promotional and advertising concepts.
- AntitrustAntitrust and Trade Regulation: We have aided alcohol beverage companies successfully with their antitrust legal needs. From completing complex mergers to responding to government investigations—in the United States and in Europe—as well as providing advice on litigation arising from antitrust claims, we are skilled in all facets of antitrust and competition law. Our lawyers counsel clients on matters related to antitrust litigation, merger and acquisition analysis and defense, antitrust issues and consumer protection. Our team, which has many members with prior experience working in government and for regulatory agencies, represents clients in civil antitrust litigation in the United States in courts at the federal and state levels, and before the FTC and the DOJ. We also represent parties before the European Commission, the Bundeskartellamt in Germany, the Autorità in Italy and the Office of Fair Trading and the Competition Commission in the United Kingdom.
- Wrongful TerminationA brewer in its successful defense of a wrongful termination action brought by a wholesaler in state court by defeating the wholesaler’s request for injunctive relief under the state beer “franchise” and common law claims
- Employment ContractThe physician practice management (PPM) sector is expected to continue its rapid growth in 2023, with new PPMs emerging to seize opportunities in cardiology, orthopedics, ophthalmology, urology, gastroenterology, primary care, women’s health and other specialties. However, a tight labor market, wage inflation and fixed reimbursement pose challenges to all areas of healthcare, including the PPM sector. Additionally, new proposed rules governing physician transactions and employment agreements have the potential to fundamentally alter the PPM industry. Our PPM team shares their insights on significant 2022 developments and takes a strategic look ahead at regulatory and transactional issues that will shape business outcomes in 2023, including...
- Personal InjuryA brewer with product liability advice on a wide variety of subjects, including potential advertising liability, personal injury claims and industry-wide issues involving health and public policy
- Bankruptcy
- Tax LawExcise Taxation: Alcohol beverages are subject to a complicated variety of excise and occupational taxes. We draw on our experience with issues involving federal and state excise and occupational taxes to we counsel clients on methods for minimizing excise tax exposure such as the 5010 credit for distilled spirits and the requirements for successfully avoiding tax payment on exported beverages and industrial alcohol products. In addition, we represent companies in excise tax issues arising from audits and investigations by the Alcohol and Tobacco Tax and Trade Bureau (TTB) and routinely handle proposed TTB tax assessments and adjustments arising from audits, and often negotiate offer-in-compromise settlements.