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.
- January 30, 2012Laurence A. Urgenson, Robert S. Ryland, H. Boyd Greene and Matthew C. Thuesen
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.
January 30, 2012Michael I. Rudell and Neil J. RosiniWho's going where; who's doing what.
January 30, 2012ALM Staff | Law Journal Newsletters |More than seven years after the Omega S.A. v. Costco Wholesale Corp. case began, there has been no trial and the case is now back at the Ninth Circuit for a second time.
January 30, 2012Matthew Siegal and Binni ShahAt least one United States District Court has approved of specific procedures to adequately assure utility providers of payment following a bankruptcy filing.
January 30, 2012Joel H. Levitin and Richard A. Stieglitz Jr.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.
January 30, 2012Dervis MagistreCapmark'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.
January 30, 2012Lisa M. Schweitzer and James A. CroftSometimes 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.
January 30, 2012Joshua J. AngelWho's doing what; who's going where.
January 30, 2012ALM Staff | Law Journal Newsletters |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.
January 30, 2012Richard Puzo

