It will come as no surprise that there is a long-standing split of authorities among the courts concerning whether or not subsequent new value must remain unpaid for the purposes of ' 547(c)(4). This article discusses where the courts stand today.
On Aug. 6, 2008, the IRS announced settlement initiatives for more than 45 large corporate taxpayers that engaged in Lease-In/Lease-Out ("LILO") or Sale-In/Lease-Out ("SILO") transactions, which were designated as listed transactions in 2000 and 2005 respectively.
As a number of recent decisions in New York and elsewhere make absolutely clear, for good or for ill, parties now can conclude a contract, or amend an existing contract, via e-mail.
Part One of this article discussed Article 9 security interests and future advances, and federal tax liens. This final installment addresses exceptions for purchasers, holders of security interests, and certain others.
Through the TDRA, Congress intended to clarify the standards of fame and dilution for trademark owners, but the courts have struggled to come up with a uniform application of these tests.
In Egyptian Goddess v. Swisa, the Federal Circuit held that the "ordinary observer" test first set forth by the Supreme Court more than 100 years ago is the sole test for design patent infringement.
This article provides relevant highlights of legislative and regulatory reactions to the tumultuous financial events affecting equipment leasing.
Who's doing what; who's going where.
A decision in the controversial patent case In re Bernard L. Bilski and Rand A. Warsaw v. U.S. Patent and Trademark Office is currently pending in the U.S. Court of Appeals for the Federal Circuit. Nominally, at stake is the future patentability of business methods. In fact, the patent question is but the most visible element. The scope of the underlying topic is far greater. The case highlights the importance of the business processes that link global business networks and create value in the intangible assets that comprise approximately 70% of the average company's market capitalization.
American Seating Company v. USSC Group, Inc., which relates to a patent infringement litigation, provides interesting considerations for business managers with responsibility for accused, infringing, and/or non-infringing "alternative" products as well as for legal and financial professionals who deal with the determination of economic damages in patent infringement matters.
