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Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity Image

Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity

Susan M. Gerber & A. Patricia Campbell

Part One of a Two-Part Article Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.

Features

Confronting the Company: Corporate Guilty Pleas as Evidence in Criminal Trials Image

Confronting the Company: Corporate Guilty Pleas as Evidence in Criminal Trials

William F. Johnson

This article reviews the history of the admission of individual co-conspirator plea allocutions in criminal cases and discuss why the admission of a corporate guilty plea, despite the opportunity to cross-examine a corporate employee who signed the plea agreement, does not provide the type of cross-examination guaranteed by the Confrontation Clause.

Features

Making Sense of YouTube's Monetization Policies Image

Making Sense of YouTube's Monetization Policies

Gwendolyn Seale

This article delves into YouTube's policies for channel monetization, explores the different streams of revenue an artist or creator may be entitled to receive for their works, and offer suggestions to indie creators and more established creators, so they can meet these new thresholds.

Features

Reports of the Demise of 'Gifting' Chapter 11 Plans Are An Exaggeration Image

Reports of the Demise of 'Gifting' Chapter 11 Plans Are An Exaggeration

Timothy W. Hoffmann & Mark G. Douglas

In Nuverra Environmental Solutions,, the U.S. District Court for the District of Delaware affirmed a bankruptcy court order confirming a non-consensual Chapter 11 plan that included "gifted" consideration from a senior secured creditor to fund unequal distributions to two separate classes of unsecured creditors.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Colleen Snow

Changes to Yates Memo Announced

Features

The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses Image

The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses

Daniel A. Lev

<b><i>Part One of a Two-Part Article</b></i><p>This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.

Features

Use of Arbitration In Place of Inter Partes Review Proceedings Image

Use of Arbitration In Place of Inter Partes Review Proceedings

David L. Newman

An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.

Columns & Departments

In the Courts Image

In the Courts

Colleen Snow

Sentencing for Two Bankers in Zürcher Kantonalbank of Switzerland Case

Columns & Departments

Case Notes Image

Case Notes

ssalkin

Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass<br>Resulting Trust Found Where Commercial Property Held in Just One Partner's Name

Features

Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments Image

Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments

Michael L. Cook

The Eighth Circuit affirmed the lower courts' dismissal of a bankruptcy trustee's $250 million fraudulent transfer suit against two banks (the Banks), rejecting the so called “Ponzi scheme presumption” that “allows a creditor to by-pass the proof requirements of a fraudulent-transfer claim by showing that the debtor operated a Ponzi scheme and transferred assets 'in furtherance of the scheme.'”

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