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February issue in PDF format Image

February issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

IP News Image

IP News

Jeffrey S. Ginsberg & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

Side-Swiped by the False Claims Act Image

Side-Swiped by the False Claims Act

Laurence A. Urgenson, Robert S. Ryland, H. Boyd Greene & Matthew C. Thuesen

An important consequence of recent "indirect" FCA case law is that vendors and subcontractors may now face strict liability if others rely on their documents and these are determined to be false.

Issues in Terminating Copyright Grants in Sound Recordings Image

Issues in Terminating Copyright Grants in Sound Recordings

Michael I. Rudell & Neil J. Rosini

The year 2013 may be a watershed in the music industry. It is the year that opens a new window in the Copyright Act through which many post-1977 grants of rights under copyright potentially could be terminated.

On the Move Image

On the Move

ALM Staff & Law Journal Newsletters

Who's going where; who's doing what.

The Saga of Omega v. Costco Wholesale Corp. Image

The Saga of Omega v. Costco Wholesale Corp.

Matthew Siegal & Binni Shah

More than seven years after the <i>Omega S.A. v. Costco Wholesale Corp.</i> case began, there has been no trial and the case is now back at the Ninth Circuit for a second time.

S.D.N.Y. Endorses Commonly Used Procedures for Providing Adequate Assurance to Utility Providers Image

S.D.N.Y. Endorses Commonly Used Procedures for Providing Adequate Assurance to Utility Providers

Joel H. Levitin & Richard A. Stieglitz Jr.

At least one United States District Court has approved of specific procedures to adequately assure utility providers of payment following a bankruptcy filing.

Establishing Substantial Non-Infringing Use for Software Under 35 U.S.C. ' 271(c) Image

Establishing Substantial Non-Infringing Use for Software Under 35 U.S.C. ' 271(c)

Dervis Magistre

If sued as a contributory infringer under 35 U.S.C. &sect; 271(c), a software company can prevail if it establishes that the accused software has a substantial non-infringing use. In many cases addressing this issue, however, software companies have usually failed to establish this defense. This article summarizes the particular circumstances that gave rise to these failures, and proposes a particular scenario under which a defendant may succeed in showing that its software is suitable for substantial non-infringing use.

Features

Debtors May Benefit from ' 363 Protections Post-Confirmation Image

Debtors May Benefit from ' 363 Protections Post-Confirmation

Lisa M. Schweitzer & James A. Croft

Capmark's sale of its remaining Low-Income Housing Tax Credit Business is a recent example of the approval of a sale of assets under ' 363 of the Bankruptcy Code following the confirmation of a debtor's plan.

Features

De Facto Chapter 11 for the Unconsolidated 'Identity of Interest' Enterprise (Case Study) Image

De Facto Chapter 11 for the Unconsolidated 'Identity of Interest' Enterprise (Case Study)

Joshua J. Angel

Sometimes a lethal combination of a proceeding's cost and deleterious operational effect will result in forced liquidation rather than restructure. Such was the dilemma faced by economically troubled GGI in June 2010.

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