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Features

Equipment Rentals in Bankruptcy: Allocation Issues Arising from Post-Petition Payments

Dennis Dressler

Courts frequently wrestle with how to apply post-petition payments for rental proceeds deriving from lenders' pre-petition collateral. The issue arises principally in single asset real estate cases, because generally post-petition proceeds of the debtor are the rents attributable to the lender's collateral.

Features

Jos' Feliciano Sues to Rescind Management Deal

Adolfo Pesquera

International recording artist Jos' Feliciano is suing his manager and asking a Broward County, FL, circuit judge to rescind their contract.

Columns & Departments

Counsel Concerns

Stan Soocher

Anti-Slapp Motion Involving Disclosure of ex-Miss California Suit Settlement Is Denied<br>New York Court Finds Malpractice Suit, over Transfer of Motion Picture Ownership, Improperly Pleaded

Columns & Departments

Bit Parts

Stan Soocher

Declaratory Bids Denied in Dispute over Literary Agent Agreement<br>Method for Monetizing Internet Content Not Too Abstract for Patentability<br>New York Music Administration Suit Stayed Until Outcome of Canadian Suit over Related Songs-Purchase Agreements

Columns & Departments

Court Watch

Charles G. Miller

U.S. Supreme Court Upholds Arbitrator's Determination of Authority to Determine Class Issues<br>Recent Attempt to Revive <i>Laxmi v. Golf USA</i> Fizzles

Columns & Departments

Case Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest insurance cases from around the country.

Features

Valuing Plaintiff's Recoverable Damages

Darren S. Teshima

What happens when a responsible party settles a subrogation claim for less than the amount of benefits paid by the insurer? Can the party then offset a damages award by the full amount of the subrogation claim, and in so doing, potentially pay less than the full amount of the damages it caused?

Features

The Tyranny of the Majority in Small Co-ops

Darryl M. Vernon

When someone buys 25% of a four-unit co-op, does the shareholder expect the co-op to be ruled by only one other shareholder, which could be the case if one of those four shareholders owns more than 50% of the co-op's shares? The issue arose in a recent case ...

Columns & Departments

Verdicts

ALM Staff & Law Journal Newsletters

An in-depth look at recent important rulings.

Columns & Departments

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

A look at a key case in New York.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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