Features
Addressing the Fraying Partnership
Reversing the course of negative change in a fraying partnership is not easy, but it can be done if leaders and their followers are willing to step outside their comfort zones and embrace positive change.
Features
A Wireless Practice
In a world driven by technology yet somehow tied down by the fear of change, I found myself committed to making Miller, Kagan, Rodriguez & Silver (MKRS) stand out as a productive mobile practice ' one that could reap all the benefits of technology but maintain camaraderie, efficiency and productivity.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Creditor Recoupment
The U.S. Court of Appeals for the Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping of amounts owed to it by a Chapter 7 debtor.
Entity Management In Real Time
As my responsibilities have evolved, so too have the tools and technologies that I use.
Leveraging the Assets of the Law Library
The first installment of this series, in the August 2012 issue, discussed contract terms with online research providers. This installment discusses the role of the law librarian in the IT department.
Health Care Equipment Leasing
Equipment leasing in the health care sector typically stands apart from leasing in other industries. This is a notable point even in stable times, but is especially important to acknowledge as the political and economic environment has provoked an out-of-the-ordinary shift in the U.S. health care market. Reviewing several major developing areas may provide a fuller picture of health care equipment leasing's recent past and lends insight into what lies ahead.
Features
Perfection and Priority of a Security Interest in Internationally Mobile Goods
Even if a loan to a borrower is made by the Cayman Islands branch of a lender, and thus neither lender nor borrower has any "presence" in New York (other than, not atypically, lender's counsel), the parties' choice of New York law should be effective, as New York permits parties to commercial agreements involving not less than $250,000 to "agree that the law of this state shall govern their rights and duties in whole or in part, whether or not such contract, agreement or undertaking bears a reasonable relation to this state."
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
