Features
.XXX General Availability Period: A Green Light to Block Red Light Domain Names
Now is the time for trademark, domain name and brand owners to purchase .XXX domains to pro-actively race to stake a claim in their brand ' if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. In the event that yours wasn't the first hand to pull the trigger in the .XXX domain name shoot 'em up, what are the ramifications of having your mark incorporated into an active .XXX domain?
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Court Watch
Highlights of the latest franchising cases from around the country.
Features
How to Recognize and Remedy an Unauthorized Financing Statement
Recently, individuals including prison inmates and members of antigovernment groups — some considered "domestic terrorists" by the Federal Bureau of Investigation — have been utilizing the relaxed filing requirements of the Uniform Commercial Code, Article 9, to file and record false UCC-1 financing statements against individuals, companies and law enforcement officials.
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Lease Accounting Project Update
The previously stated goal of the FASB/IASB Boards was to release a new exposure draft by year-end 2011 followed by a 120-day comment period.
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Healthcare Leasing Pitfalls for the Non-Healthcare Attorney
Non-healthcare entity landlords and their attorneys should be aware of certain common provisions in leases with healthcare tenants that could lead to substantial liability for landlords.
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Uncharted Courses
An in-depth discussion of American Airlines' recent Chapter 11 filing.
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Coverage Issues Stemming from Med Pay Claims Under Commercial Premises Liability Policies
This article sets out the typical med pay policy language, summarizes certain coverage issues that have arisen in recent years with respect to med pay claims, and discusses two cases addressing whether an insurer can be liable in bad faith to an injured person for failing to provide med pay benefits.
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Growing an International Presence
The idea of growing internationally seems counterintuitive to what's going on in the current economy. Many organizations have scaled back or halted growth activities completely. While other companies are on the sideline, now is the right time to consider global growth and put yourself ahead of your competition.
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A Lessor's Guide to Workouts
Last month's installment of this article discussed preliminary issues to address in workouts and key provisions to include in workout agreements. This second installment discusses addressing potential future bankruptcy issues.
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Companies and Lobbyists on Both Sides of SOPA
In mid-November, a number of corporations joined in the debate and lobbying over the Stop Online Piracy Act (SOPA), a new piece of legislation introduced in October by House Judiciary Committee chairman Lamar Smith (R-TX) that is being considered by that committee.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›