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Features

What Constitutes 'Proper' Notice? Image

What Constitutes 'Proper' Notice?

Bruce Buechler

Proper notice is a hallmark of all bankruptcy proceedings. If a creditor or party-in-interest has no notice of a particular matter, many courts have ruled that the creditor or party-in-interest will not be bound by a particular court's determination.

Features

Landlord Solutions For Avoiding Uncertainty Image

Landlord Solutions For Avoiding Uncertainty

Mitchell W. Abrahams & Jason R. Finkelstein

<b><i>Key Considerations When Negotiating Personal Guarantees to Commercial Real Estate Leases</b></i><br>In today's commercial real estate market, uncertainty is about the only real thing that is certain. In this period of flux, where landlords no longer enjoy the same position of strength and leverage they once had over prospective tenants, it is critical to try and negotiate independent guarantees that best suit each particular deal and (hopefully) hedge against the downside of a potential tenant default and resulting litigation.

Features

Lohan, Mob Wives Right of Publicity Suits to Be Heard By NY Apps. Ct. Image

Lohan, Mob Wives Right of Publicity Suits to Be Heard By NY Apps. Ct.

Joel Stashenko

New York state's highest court has granted leave to appeal to actress Lindsay Lohan and former reality television star Karen Gravano in their suits over alleged misappropriations of their likenesses in the video game <i>Grand Theft Auto V</i>.

Columns & Departments

In the Courts

ljnstaff & Law Journal Newsletters

The Fifth Circuit recently clarified the Anti-Kickback Act. Here's an analysis of the ruling.

Features

Do Your Employment Practices Violate Antitrust Law? They Might! Image

Do Your Employment Practices Violate Antitrust Law? They Might!

Robert G. Brody & Alexander Friedman

Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the FTC and the DOJ Antitrust Division. The Agencies issued this guidance to remind employers that, like any other market, the job market is subject to antitrust laws.

Features

The Digital Transformation of Equipment Financing<br><b><i><font="-1">Beyond eLeasing and eSignatures</b></i></font> Image

The Digital Transformation of Equipment Financing<br><b><i><font="-1">Beyond eLeasing and eSignatures</b></i></font>

Raymond W. Dusch

The ever-increasing popularity of digital electronic signatures (eSignatures) for entering into equipment leasing and financing transactions without the use of paper documents (eLeasing) is compelling lessors, banks and others competing in the market for equipment financing to re-evaluate and transform the structure of their entire operating platforms.

Columns & Departments

IP News

Jeffrey S. Ginsberg & Abhishek Bapna

Federal Circuit Affirms Grant of a Preliminary Injunction Despite PTAB's Final Written Decision<br>Federal Circuit: Proving Derivation Requires a Showing That All Limitations Were Conceived and Communicated

Features

Death of DOL Fiduciary Rule May Not Be Imminent Image

Death of DOL Fiduciary Rule May Not Be Imminent

Jeff Kern

If one follows the recent onslaught of articles and blogs, Donald Trump's election to the presidency has placed a target squarely on the back of a DOL rule that imposes a fiduciary standard on those who provide investment advice in connection with employer retirement plans and IRAs. Yet reports of the rule's demise may be premature.

Columns & Departments

BIT PARTS

Stan Soocher

California Federal Court Rules in Favor of YouTube in Lawsuit over Removal of Artist's Music Video<br>Daman Wayans' Anti-SLAPP Motion Is Granted in Racial Harassment Suit by Actor<br>Lanham Act Doesn't Apply to Unauthorized Use of Roger Nichols Song in Political Ad<br>

Columns & Departments

Business Crimes Hotline

ljnstaff & Law Journal Newsletters

Update on the DOJ's collection of billions in enforcement actions from Volkswagen and Rolls Royce.

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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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