Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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Going High-Tech On the Paper Trail
James W. Repass
It makes sense that attorneys who advise e-commerce ventures as part of their regular practice would try putting technology to use to manage law firms. And it makes sense that they'd be the ones to succeed.<br>As technology continues to permeate our society, use of radio frequency identification (RFID) equipment is spreading far beyond tracking 18-wheelers cross-country, or products and parts moving in and out of warehouses ' or, for that matter, stray cattle, pets or misplaced car keys.
Features
eBay Inc., et al. v. MercExchange LLC
Anthony J. Fitzpatrick
The Supreme Court's May 15 decision in eBay Inc., et al. v. MercExchange LLC (eBay) is already a landmark in patent law. The unanimous Court rejected the general rule, previously applied by the Court of Appeals for the Federal Circuit, that a permanent injunction will issue against patent infringement absent exceptional circumstances. Instead, the Supreme Court held that, consistent with the 'long tradition of equity practice,' a patent holder must satisfy a four-prong test.
The Oz Illusion: The Expert Behind the Curtain
David A. Martindale
Notwithstanding all the criticism of baseless opinions expressed in courts by experts, more often than we would wish to contemplate, case outcomes are dictated by expert witnesses ' and some of those witnesses have no empirical bases for the opinions that they express (Eaton, L., 2004. For Arbiters in Custody Battles, Wide Power and Little Scrutiny. <i>The New York Times</i>, 5/23, p. 1).
Features
The Bankruptcy Hotline
ALM Staff
&
Law Journal Newsletters
Recent rulings of importance to you and your practice.
Converting a Chapter 7 to a Chapter 13
David L. Buchbinder
&
Kathleen A. Cashman-Kramer
It has been a prevailing view in practice under the Bankruptcy Code that a Debtor has an absolute one-time right under Section 706(a) to convert a case from Chapter 7 to another Chapter, the most common scenario involving conversion from Chapter 7 to Chapter 13. However, two recent circuit level cases, reflecting the case law trend, have found that a motion to convert a Chapter 7 to a Chapter 13 may be denied if not made in good faith.
Features
Pitfalls of Critical Vendor Litigation
Lisa Bittle Tancredi
The latest development in 'critical vendor' litigation occurred in the case where much of it began ' the Kmart Corporation bankruptcy case. On April 12, 2006, United State Bankruptcy Judge Susan Pierson Sonderby denied motions to dismiss lawsuits seeking the return of critical vendor payments, paving the way for the cases to proceed to trial. Although Judge Sonderby's decision was not published, this latest chapter of the Kmart story is worth noting.
Enron Court Says Transferred Claims Remain Tainted
Adam C. Rogoff
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Noah Falk
two recent decisions by the Bankruptcy Court for the Southern District of New York serve to reemphasize a maxim well known to those regularly involved in the distressed debt industry. Participants in the market for distressed claims must be aware of the inherent risks and uncertainties in dealing with post-petition debtors, and they must protect themselves accordingly.
Features
News Briefs
ALM Staff
&
Law Journal Newsletters
Highlights of the latest franchising news from around the country.
Court Watch
Charles Miller, Darryl A. Hart,
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C. Griffith Towle
Highlights of the latest franchising cases from around the country.
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