David Ehrlich, a partner at New York IP law firm Fross Zelnick Lehrman and Zissu PC, has written a report called "Trademark Warranties in M&A Transactions." It's his take on how some deals go wrong because a corporation's IP is unfairly valued — and in some cases, worthless. "If an unexpected trademark problem causes a buyer to pull a product after a launch, damages from lost sales and wasted advertising expense can run into the millions of dollars," says Ehrlich. He goes on to tackle issues including the geographic scope of trademark rights issues, limitations on breach-of-warranty claim amounts and more.

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