Features
New York Court Sees No Fair Use in <i>Star-Trek</i> Inspired Fan Film
The creative story-telling that fueled the passion of fans inspired a number of them to expand the Star Trek universe on their own through "fan films," which can challenge the property owners' efforts to maintain the integrity and appeal of their franchise. If unchecked, unauthorized derivatives could lead to an eventual loss of the copyright and trademark rights that underlie the value of the property.
Features
How Much Did the Federal Circuit Narrow Eligibility for Covered Business Method Review?
In November of last year, the Federal Circuit narrowed the types of patents eligible for covered business method review in <i>Unwired Planet, LLC v. Google Inc.</i> The court's decision narrowed what patents are eligible for CBM review, and provided some guidance for future cases.
Features
Third-Party Money Launderers
Each year, the U.S. government secures more than 1,200 money-laundering convictions. Now, the Federal Bureau of Investigation (FBI), at least, is setting its sights with renewed vigor on those who help criminal organizations and terrorists conceal billions in illicit funds.
Features
Using Background Checks to Hire and Retain Employees
The ability to hire and retain a competent, responsible workforce distinguishes the great human resources managers from the merely mediocre ones. Retention is highly valued in most successful businesses because hiring on limited information often comes down to more luck than skill, and nobody wants to engage in hiring more often than absolutely necessary.
Features
FinTech Pressure on Equipment Finance Companies Serving SMB Markets<br><b><i><font="-1">Challenges and Opportunities</b></i></font>
This article discusses the initial impact of FinTechs and resulting opportunities and challenges, including strategies for recovering non-performing loans and leases within the fast-paced FinTech business model.
Features
Work Letter 'What Ifs': Practical Solutions to Possible Problems
<b><i>Part One of a Two-Part Article</b></i><br>The work letter agreement of the lease sets forth the rights and obligations of the landlord and the tenant relating to the construction of improvements at the leased premises. To help anticipate problems and mitigate associated risks, this two-part article summarizes six "what if" scenarios that should be considered by landlords and tenants when negotiating Work Letters.
Features
Second Circuit Reverses District Court in <i>Marblegate</i>, Making It Easier to Restructure Bonds Outside of a Chapter 11 Case
On Jan. 17, 2017, in a closely watched dispute, the Second Circuit issued its long-anticipated decision in <i>Marblegate Asset Management, LLC v. Education Management Finance Corp.</i>, construing Section 316(b) narrowly, holding that it only prohibits "non-consensual amendments to an indenture's core payment terms" and does not protect noteholders' practical ability to receive payment.
Features
Implementing the Mandates Imposed on Covered Entities By Section 1557 of the ACA
Section 1557 of the Affordable Care Act breaks new ground in that it is the first federal civil rights law to ban sex discrimination in health care programs and activities.It imposes requirements on Covered Entities in order to achieve the objectives of the statute. This article discusses those obligations and the consequences of a Covered Entity's failure to fulfill those mandates.
Features
Implications of U.S. Supreme Court Justices' Comments During 'Slants' Trademark Dispute Oral Arguments
Nearly 70 years after it became law, the U.S. Supreme Court heard arguments in January on whether §2(a) of the Lanham Act violates the First Amendment. The case, <i>Lee v. Tam,</i> focuses on the provision that forbids registration of trademarks that "disparage" people, institutions, beliefs or national symbols.
Features
Vaccine Injuries and the Statute of Limitations
It is imperative for all attorneys to understand that there is an available recourse for those injured by certain vaccines. Attorneys also need to make themselves aware of the applicable statute of limitations for these causes of action because assumptions about a "discovery rule" or minor's tolling statute can expose a lawyer to a legal malpractice suit.
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