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Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision Image

Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision

Robin L. McGrath

The Supreme Court's decision in <i>Impression Products v. Lexmark</i> is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.

Features

Do Your Employment Practices Violate Antitrust Law? Image

Do Your Employment Practices Violate Antitrust Law?

Robert G. Brody & Alexander Friedman

This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.

Features

Preet Bharara Highlighted Insurance Fraud Image

Preet Bharara Highlighted Insurance Fraud

Evan H. Krinick

Over nearly eight years as U.S. Attorney for the Southern District of New York, Preet Bharara became recognized as a powerful prosecutor in many areas, including government corruption and white-collar crime. Another subject for which he certainly deserves mention is his strong record helping to fight insurance fraud in New York.

Columns & Departments

In the Courts Image

In the Courts

Monique Agnes O. Ladeji

Recently, the Ninth Circuit set aside the convictions of Walter Liew, a Chinese-American engineer, for witness tampering and making false statements to the court. Here's an in-depth look at the case.

Features

Transactions Triggering the 35 USC §102 On-Sale Bar Image

Transactions Triggering the 35 USC §102 On-Sale Bar

Pinar Bailey

Despite leaving unresolved the ambiguity about the effect of secret sales under §102, the <i>Helsinn</i> ruling offers clues to practitioners seeking to avoid the on-sale bar.

Features

POCs and the FDCPA: A License to File Image

POCs and the FDCPA: A License to File

Chris Hawkins & Karlene Archer

Buyers and servicers of "stale," or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy -- seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy --€” violates the Fair Debt Collections Practices Act (FDCPA).

Columns & Departments

Case Notes Image

Case Notes

Mark Hamblett

The latest test of whether part of the Civil Rights Act can be read to bar workplace discrimination because of sexual orientation proved complicated on Jan. 20 a the Second Circuit. Here's a look at the case.

Features

Cayman Court Facilitates Chapter 11 Restructuring of Parent Company Image

Cayman Court Facilitates Chapter 11 Restructuring of Parent Company

Tony Heaver-Wren, Jeremy Snead & Dave Bulley

the authors were heavily involved in the cross-border restructuring of CHC Group Ltd. (CHC Parent). CHC Parent was the ultimate holding company of the CHC Group (the Group), being one of the world's largest commercial helicopter services providers, primarily engaged in servicing the offshore oil and gas industry. This article provides a narrative about the case.

Columns & Departments

Real Property Law Image

Real Property Law

ljnstaff

In-depth analysis of several key rulings.

Features

<i><b>Legal Tech</b></i><br> Five Ways Legal and Compliance Teams Can Benefit from Office 365 Migration Image

<i><b>Legal Tech</b></i><br> Five Ways Legal and Compliance Teams Can Benefit from Office 365 Migration

Jake Frazier & Chris Zohlen

Legal and compliance groups have a lot to gain from features within Office 365, and equal or greater risk if the process is not conducted in the context of strong legal and regulatory guidelines.

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    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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