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Features

A Madness to the Method? The Impact of Bilski on Method Patents

Brian Mudge

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 <i>Bilski v. Kappos</i>, the Supreme Court provided an answer for the business method claimed by Bilski, but not a lot of detailed guidance for future cases.

Features

DOL: Same-Sex Partners May Qualify For FMLA Leave

Brian D. Pedrow

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 <i>in loco parentis</i> to a child.

Features

Employers Beware

Rick Bergstrom & Mark Temple

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.

Features

Valuing Payments in Lieu of WARN Notice

John D. Shyer & Austin Ozawa

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.

Features

'Matrimorphology'

Laurence J. Cutler

Matrimorphology ' what is it? It means the study of changing matrimonial law, in this case, the Divorce Reform Act of New Jersey.

Features

Environmental Liability: Equipment Lessor Is Responsible Under CERCLA for Cleanup Costs As the Owner of a 'Facility'

Charles F. Becker

Equipment lessors need to learn a new acronym: CERCLA. It stands for the Comprehensive Environmental Response, Compensation and Liability Act, and it has the potential to expose lessors to millions of dollars in environmental liability.

Features

The State of the Credit Markets: Implications for the Restructuring Community

James D. Decker & James S. Hadfield

A recent regression from credit recovery trends calls into question whether the momentum from early this year can be regained.

I Caught It ' Can I Keep It? <b><i>Keeping Your Client Out of the Competitive Pool</i></b>

Bruce W. Marcus

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.

Features

Bankruptcy Plan Sales: Secured Lenders Do Not Have an Absolute Right to Credit Bid

Sam J. Alberts & and David Lee Tayman

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.

Features

Obtaining Assent in Today's e-Conomy

Michael J. Breslin

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.

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