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Commercial Law

  • For more than a year, the software/information technology, financial, and even biotech industries, along with the patent bar, waited for the Supreme Court to weigh in on the issue of business methods and patent-eligible subject matter under ' 101 of the Patent Act. In its recent decision in Bilski v. Kappos, the Supreme Court provided an answer for the business method claimed by Bilski, but not a lot of detailed guidance for future cases.

    July 29, 2010Brian Mudge
  • In an Opinion Letter issued on June 22, 2010, the U.S. Dept. of Labor (DOL) clarified who may be a parent under the Family and Medical Leave Act, including same-sex domestic partners who stand in loco parentis to a child.

    July 29, 2010Brian D. Pedrow
  • Employee mobility, coupled with the exceeding ease with which confidential and proprietary trade secret information can be stored and transported, creates the perfect platform for trade secret theft. And it's not just a hypothetical problem.

    July 29, 2010Rick Bergstrom and Mark Temple
  • Employers often fail to take into account all elements of compensation and benefits when valuing payments in lieu of notice. This article addresses certain elements of such payments that are often overlooked.

    July 29, 2010John D. Shyer and Austin Ozawa
  • Matrimorphology ' what is it? It means the study of changing matrimonial law, in this case, the Divorce Reform Act of New Jersey.

    July 29, 2010Laurence J. Cutler
  • The conventional wisdom is that it costs more to get a new client than to keep an old one. And for once, the conventional wisdom is correct. Yet, many professionals too readily take clients for granted. Or don't look for opportunities to increase revenues from perfectly satisfied clients.

    July 16, 2010Bruce W. Marcus
  • In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.

    June 30, 2010Sam J. Alberts and and David Lee Tayman
  • A growing number of courts have addressed the validity of contracts purportedly created through Web-based transactions. While the judiciary has produced mixed results in this area, a few trends have emerged ' notwithstanding the nuances presented by online transactions.

    June 30, 2010Michael J. Breslin