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Features

When Is Equipment Not 'Equipment'? Inventory Leasing or Leasing to Rental Companies Image

When Is Equipment Not 'Equipment'? Inventory Leasing or Leasing to Rental Companies

Ken Weinberg & Barry S. Marks

It is not unusual for a finance lessor to discover that its Lessee intends to enter into a contract with a third party whereby the Lessee delivers possession of the leased equipment to that third party. Although many finance lessors may be aware of the practical risks associated with having its leased property/collateral in the hands of a third party, many are unaware of the increased legal risks that result from such a situation. This article addresses some of the key issues. For the sake of clarity, the third party receiving possession and control of the leased equipment will be referred to as a 'Sublessee,' and the agreement between the Lessee and the Sublessee will be referred to as a 'Sublease.' It should be noted that a contract of service pursuant to which the Sublessee receives possession also constitutes a 'Sublease' for purposes of this article.

Features

Mapping Law Firm Capabilities Image

Mapping Law Firm Capabilities

Alan Rich & Ric Merrifield

Not so many years ago, running a law firm was a simpler process. If you were good at legal research, drafting documents, arguing cases and attracting and advising clients, the business took care of itself. But today, managing a legal practice, particularly for large firms, is more like running a large, sophisticated, multinational business.

Features

Net News Image

Net News

Samuel Fineman

E-mail on Employer's Computer Protected by Attorney Client Privilege<br>Anticybersquatting Claim Survives in Case Involving Famed Retailer <br>Inaccessible Retail Web Sites Violate ADA

Blogging and the Workplace Image

Blogging and the Workplace

Philip L. Gordon & Katherine Cooper Franklin

You may not know about it, but it is happening: At least one, and probably more, of your business' employees has entered the 'blogosphere.' The world of blogs, or interactive diaries posted on the Internet, has expanded exponentially over the past 3 years, and 'bloggers' cannot seem to resist the urge to talk about their jobs. These sometimes quasi-journalistic postings raise a host of concerns for employers, such as protecting a hard-won public image, safeguarding confidential information, and preventing defamation of managers and co-workers. Such concerns arise because blogs can reach millions of readers long before the employer even learns about the posting. No laws specifically regulate 'blogging,' and there is virtually no case law to provide guidance. Consequently, employers need to look elsewhere for guidance on the balance between their employees' interest in having a life away from work and ensuring that employees' activities in the blogosphere do not damage business interests ' a blogging policy.

States Eyeing Online Dating Industry Image

States Eyeing Online Dating Industry

Tresa Baldas

Several states are cracking down on the online dating industry, proposing new laws that would, among other things, mandate criminal background checks on all those looking for love on the Internet.

Features

How the Internet Exposes You to Risk Image

How the Internet Exposes You to Risk

Ilan Barzilay & Andrew Danford

The advent of the Internet has provided businesses with a wealth of previously unavailable resources. Companies may now use electronic tools to communicate instantaneously with customers and associates around the globe. These improvements in sharing information, however, have not come without costs, and today's businesses must be aware of the risks involved in using these technologies. This article, the first in a two-part series, contains an overview of some common risks inherent in Internet use and closes with a discussion of how those risks might affect litigation.

Features

Leveraging the Patent Professional for New Venture Development Image

Leveraging the Patent Professional for New Venture Development

Erin-Michael Gill

Business-focused patent protection fundamentally improves the ability of a given product or process to attract a market. It is important for patent professionals to structure regular interactions with business leaders to both impact early business decisions, as well as gain alignment to an individual industry's dynamics. While there can be no fundamental template applicable to all technologies and all business needs, this article is intended to be a guide for efficient integration.

Outsourcing R&D to India: Patent Pitfalls to Avoid Image

Outsourcing R&D to India: Patent Pitfalls to Avoid

Anand K. Sharma & Venk Krishnamoorthy, Ph.D.

In today's global marketplace, an increasing number of technology-driven companies include R&amp;D outsourcing as part of their business practice. Some industry sectors even consider the viability of technology outsourcing as a prerequisite to any high-impact business plan.

How to Avoid BlackBerry Brinkmanship: Patent Re-examination Practice As a Parallel Track to Defend Patent Litigation Image

How to Avoid BlackBerry Brinkmanship: Patent Re-examination Practice As a Parallel Track to Defend Patent Litigation

George Wheeler

In <i>NTP Inc. v. Research In Motion Ltd.</i>, 270 F. Supp. 2d 751 (E.D. Va. 2003), the jury found that Research in Motion's ('RIM's') BlackBerry' e-mail system infringes several valid claims of NTP's patents in suit. RIM did not request re-examination of the patents in the U.S. Patent and Trademark Office ('USPTO') until after the jury verdict was entered, and after the Director of the USPTO himself started re-examinations of five relevant patents. After the jury had finished and the USPTO had acted alone, RIM filed 14 additional re-examination requests. Several requests were filed for each relevant patent.

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Case Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest insurance cases from around the country.

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