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Commercial Law

  • Covenants Against Competition Find Disfavor In Recent Cases

    November 02, 2013Darryl A. Hart
  • In September of last year, the America Invents Act introduced a number of powerful tools for challenging the validity of an issued patent at the USPTO ' Inter Partes Review (IPR), Covered Business Method Review (CBMR), and Post-Grant Review (PGR). By a large margin, however, the most popular of these procedures has been the IPR.

    November 02, 2013Steve Hemminger and Chris Kelly
  • Research over the past four years is showing a slow-moving upward trend of law firms hiring professional salespeople. This trend spans all sizes of firms, from small to global. The backgrounds of these professionals varies; primarily, they come to firms from a solid background of success in the sales world, many having worked against assigned quotas and on partial commission.

    November 02, 2013Silvia L. Coulter
  • The difficulties of securing important company and customer data are not new to franchised businesses, but the scale of the problem continues to increase. A new white paper by insurance consultants Peter R. Taffae and M. Damien Magnuson indicate another threat: inadequate insurance coverage when security breaches occur.

    November 02, 2013Kevin Adler
  • In its Q4 update to the 2013 Equipment Leasing & Finance U.S. Economic Outlook, the Equipment Leasing & Finance Foundation expects investment in equipment and software to grow 3.3% in 2013. The report, which is focused on the $725 billion equipment leasing and finance industry, forecasts equipment investment and capital spending in the United States and evaluates the effects of various related and external factors in play currently and into the foreseeable future.

    October 29, 2013ALM Staff | Law Journal Newsletters |
  • A federal district court's recent summary judgment decision in In re: Brican America, LLC Equipment Lease Litigation appears to be a mixed bag for vendor finance companies.

    October 29, 2013Patrick M. Northen
  • A high percentage of business aircraft operators do not comply with key provisions of Parts 91, 119 and 135 of the Federal Aviation Regulations (FARs), conducting their flight operations by and through illegal "flight department companies" ...

    October 29, 2013David G. Mayer and David T. Norton
  • Many employers use publicly available Facebook pages, Twitter feeds, and other social media outlets as screening tools for job applicants. And they may also use them as a way to monitor employees. After all, a picture is worth a thousand words. A handful of employers, however, have pushed their due diligence even further than standard Internet searches.

    October 29, 2013Lily M. Strumwasser
  • With the predominance of Internet marketing now continuously eroding what might be considered the traditional geographic "territories" of different licensees, the potential for conflict only becomes more acute.

    October 02, 2013Scott J. Slavick
  • Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.

    October 02, 2013Stan Soocher