Obtaining and Using Opinions of Counsel
In the high-stakes world of U.S. patent litigation, an opinion of counsel can be a useful weapon for defending against claims of patent infringement. This article presents practical tips regarding obtaining and using opinions of counsel under U.S. patent law.
Risks and Rewards of Using Re-examination As a Strategy in Patent Litigation
While there are aspects of re-examination that can greatly benefit both the patent owner and the accused infringer, there are also significant risks that must be considered before pulling the trigger on re-examination.
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Partnership in Troubled Economic Times
It is vitally important that partners examine the culture of their firm before making "blanket" modifications to the partnership structure/admission practices simply to satisfy the current, and perhaps short-term, economic issues.
Is the Hourly Rate Dead?
Beyond the daily headlines of layoffs and reductions in force, the current Recession/"Depression" has made another impact on the legal profession: raising more questions about the viability of the billable hour.
Features
Pension Funding: A Program to Maximize Pension Growth and Limit Volatility
When a Pension is addressing its liabilities and assets, it is important that it present a simple, straightforward way to fund for the future for its participants in a meaningful and effective manner. The volatility of the markets since 2007 has increased demands on the Pensions, as an uneasy balance of influences and the Pension Protection Act of 2006 have required increasing funding levels to meet mandated levels.
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In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Vehicle Leasing: Graves Amendment Held Inapplicable to Leased Trailers
If you or your clients are in the business of leasing the trailer portions of tractor-trailers take note, a New York County trial court judge has ruled that 49 U.S.C. ' 30106, ("the Graves Amendment"), does not pre-empt actions alleging vicarious liability with respect to "delivery equipment" that does not contain a motor.
Upcoming Event
Nashville Bar Association Annual Entertainment Law in Review
Who Moved My FASB?
The FASB's Accounting Standard Codification topical system has permanently changed how accountants, lawyers, educators, regulators, and finance professionals will cite and research myriad rules that govern how companies account for and present their financial transactions and financial statements.
Bit Parts
Bank Not Liable for Unauthorized Film Loan Transfer<br>Disney Owns "Pooh" Copyrights and Trademarks
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MOST POPULAR STORIES
- 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's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
