The Saga of Omega v. Costco Wholesale Corp.
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
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)
If sued as a contributory infringer under 35 U.S.C. § 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
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)
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.
Succession Planning
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
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
The real challenge — and opportunity — 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
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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- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
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