Can We Talk?
A newly expanded Patent Office program makes it easier to talk to the examiner prior to initial examination. The heart of the program is an "Examiner Interview" that takes place before the examiner issues a first official action, which allows the examiner and patent applicant to discuss the application, identify allowable patent claims, and shave months or years off of the time from filing of an application to receipt of an issued patent.
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.XXX General Availability Period: A Green Light to Block Red Light Domain Names
Now is the time for trademark, domain name and brand owners to purchase .XXX domains to pro-actively race to stake a claim in their brand ' if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. In the event that yours wasn't the first hand to pull the trigger in the .XXX domain name shoot 'em up, what are the ramifications of having your mark incorporated into an active .XXX domain?
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News Briefs
Highlights of the latest franchising news from around the country.
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Court Watch
Highlights of the latest franchising cases from around the country.
Living in the Shadow of National Survival Game
On Nov. 14, 1988, the Honorable Gerald E. Delaney of the N.Y. Supreme Court, Westchester County, released a decision that limited the utility of the New York Franchise Law's isolated sales exemption. His decision in <i>The National Survival Game of New York, Inc. v. NSG of LI Corp.</i>, remains the law in New York. But did Justice Delaney get it right?
Finding Bright Spots in Franchising
As we begin 2012, <i>FBLA</i> asked leaders in franchise law to comment about the bright spots in franchising today.
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How to Recognize and Remedy an Unauthorized Financing Statement
Recently, individuals including prison inmates and members of antigovernment groups — some considered "domestic terrorists" by the Federal Bureau of Investigation — have been utilizing the relaxed filing requirements of the Uniform Commercial Code, Article 9, to file and record false UCC-1 financing statements against individuals, companies and law enforcement officials.
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Lease Accounting Project Update
The previously stated goal of the FASB/IASB Boards was to release a new exposure draft by year-end 2011 followed by a 120-day comment period.
Leasing Growth Stalls in Latin America
After six years of outstanding growth in Latin America's equipment leasing and finance industry, the most recent data from the region come as a bit of a surprise. The annual Alta LAR 100 report by The Alta Group Latin American Region reveals a 6% decrease in Latin American leasing portfolios in 2010, as measured in U.S. dollars.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- 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 ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›