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Features

IP News Image

IP News

Howard J. Shire & Joseph Mercadante

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

Features

Fast or Slow? Image

Fast or Slow?

Louis D. Lieto & Vern Norviel

A threshold question for each patent filing is the speed at which a patent is desired.

New Math for the Entire Market Value Rule Image

New Math for the Entire Market Value Rule

Robert Buergi

A recent order from the Eastern District of Texas shows that patentees may not be able to calculate damages under the entire market value rule using a simple (<i>market value base ' royalty rate</i>) formula. Such damages calculations may be excluded from trial, leaving the patentee seeking to recover a fraction of the original damages figure.

Ninth Circuit Holds That Even Brats Deserve Equitable Treatment Image

Ninth Circuit Holds That Even Brats Deserve Equitable Treatment

Stephen W. Feingold & Katharine M. Sullivan

Many companies require their employees to sign agreements that any inventions they create "during the course of their employment" will belong to the employer. A recent case decided by the Ninth Circuit, however, illustrates why companies should revisit such agreements in order to ensure that the ideas developed by their employees may not be exploited by those employees to the detriment of their employer.

SEC Proposed Rule 21F-13: A Hidden Whistleblower Tax? Image

SEC Proposed Rule 21F-13: A Hidden Whistleblower Tax?

Christine A. Edwards, Edward J. Johnsen & Jerry Loeser

Corporate Counsel take note: On Nov. 3, the Securities and Exchange Commission (the "SEC") published proposed Regulation 21F (the "Proposed Rules"), establishing a program designed to reward individuals who provide the SEC with information leading to successful enforcement actions.

The Patient Care Ombudsman: Controlling Costs Image

The Patient Care Ombudsman: Controlling Costs

Martin G. Bunin & Nadjia I. Bailey

The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") gave patients of insolvent health care facilities a clear voice in bankruptcy proceedings by creating a new role in bankruptcy cases ' the Patient Care Ombudsman ("PCO").

Section 365(o) Coming into Focus Image

Section 365(o) Coming into Focus

Daniel A. Lowenthal

Troubled banks under the FDIC's jurisdiction often end up in conservatorships or receiverships. But bank holding companies that own U.S. banks can file for bankruptcy. And special rules apply in such cases.

Features

Don't Delay, Obtain a Stay Image

Don't Delay, Obtain a Stay

Douglas S. Mintz & Stephen Johnson

A recent Sixth Circuit opinion may rebuke implicitly a controversial holding of the Ninth Circuit Bankruptcy Appellate Panel in 2008, holding that the lien-stripping effect of a sale pursuant to ' 363(f)of the Bankruptcy Code could be unwound on appeal.

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that recently went into effect. It also looks at some recent important cases, including a Delaware Supreme Court decision.

Features

<b>BREAKING NEWS:</b> SEC Proposed Rule 21F-13: A Hidden Whistleblower Tax? Image

<b>BREAKING NEWS:</b> SEC Proposed Rule 21F-13: A Hidden Whistleblower Tax?

Christine A. Edwards, Edward J. Johnsen & Jerry Loeser

Corporate Counsel take note: on Nov. 3, the SEC published proposed Regulation 21F, establishing a program designed to reward individuals who provide the SEC with information leading to successful enforcement actions. The proposal was mandated by Dodd-Frank and sets out procedures under which whistleblowers could qualify for significant monetary awards by providing information to the SEC regarding violations of the federal securities laws.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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