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Features

Intimidation Goes Online

Douglas S. Malan

Bullies used to be fairly easy to identify: Bigger than most of us, intimidating and often vicious. While bullies haven't disappeared, they have become more difficult to detect, launching scathing attacks behind the relative anonymity of the Internet. Such acts, known as cyberbullying, are becoming easier to carry out with text-messaging, blogs and interaction through social-networking sites. And they're a growing concern not only for the victims, who can be targeted round-the-clock, but also for educators, parents and lawyers.

Courts Continue to Differ over Timing of Claims Construction: Markman v. Westview Still a Definining Element

James Flynn

In the two courts (the Northern District of California and the Southern District of Texas) that have substantially revised (N.D.Ca.) or adopted (S.D.Tex.) local patent rules effective in 2008, one has opted for an early approach to <i>Markman v. Westview</i> (N.D.Ca.) and the other (S.D.Tex.) has left it largely to the discretion of individual judges. This recent contrast highlights the continuing differences of opinion as to the best approach to <i>Markman</i> hearings and their timing.

Features

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Recovering the Value of Preferential Transfers of Goods or Equipment: Seller Beware

Norman N. Kinel & Timothy A. Solomon

Imagine you are an equipment manufacturer. You sell $45 million in goods to a reliable customer on credit, shipping them to a third-party warehouse to be held for the customer to pick up when needed. Months later, unable to pay and sliding toward bankruptcy, the customer returns the unused equipment. The next thing you know, the customer, having filed for bankruptcy, sues YOU to recover not only the $45 million value of the returned equipment, but also an additional $55 million in cash payments the customer had made.

Features

Truck Leasing in a Down Economy: How to Prepare

Edward Castagna

The apparent downturn of the economy is currently most prevalent in the trucking sector, which saw a dramatic increase in repossessions and liquidations in the past year. This article discusses strategic options for lessors.

Features

Business Incentives in the Economic Stimulus Act of 2008: A Welcome Boost for the Leasing Industry

Bill Bosco

This article explains the terms of the Economic Stimulus Act of 2008 that impact the leasing industry, explains how the terms in the act are likely to affect leasing companies, and explains how leasing companies can benefit from them.

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

Movers & Shakers

ALM Staff & Law Journal Newsletters

News about lawyers and law firms in the franchising industry.

Court Watch

Charles G. Miller & C. Griffith Towle

Highlights of the latest franchising cases from around the country.

Features

Termination Notice Traps: How to Avoid Common Mistakes

Daniel S. Kaplan

Often, franchisors assume there is a 'one size fits all' termination notice and that their notice will, in fact, terminate the relationship. All too often, however, a poorly drafted or ill-conceived termination notice provides ammunition for a wrongful termination claim, justification for the unenforceability of post-termination provisions, or even rescission of the franchise agreement.

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