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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.

Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

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

Succession Planning Image

Succession Planning

Richard Puzo

To help ensure client retention, firms need to put in place a long-term, multipronged client transition plan at least two years before a partner's retirement. With the eldest of the baby boomers turning 65 in 2011 that means such planning must begin now.

Minding Your Business Image

Minding Your Business

Susan C. Finelli

To remain competitive, it is important for law firms to peel away the financial layers of their businesses, identify potential problems, forecast future revenues, and manage their financial health.

The Evolving Role of the Law Firm CFO Image

The Evolving Role of the Law Firm CFO

Ralph MacNamara & Michael Moore

The real challenge &mdash; and opportunity &mdash; facing today's law firm CFO is not improving his or her technical expertise, but rather gaining the support of law firm management to implement real, impactful change.

Features

Maximizing Information Technology Return on Investment Image

Maximizing Information Technology Return on Investment

Edward Poll

No matter what the reason or replacement cycle, law firm computer technology should be a function of ROI. There is no one right or correct rate of return, but maximizing it is essential.

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