Recently, the term metadata has become an electronic buzzword for litigators, their clients, IT personnel, courts and lawmakers. From the English dictionary to the proposed amendments to the Federal Rules of Civil Procedure, many information sources are attempting to define and clarify metadata, and its role in modern litigation.
In the world of corporate finance, a large segment of debt capital traditionally has been raised by issuing secured debt. In structured finance transactions, by contrast, money is raised by selling financial assets, such as mortgage loans, leases, auto loans or student loans, to a separate special purpose entity (an "SPE"), that often is a subsidiary of the seller, and causing that entity to issue securities backed by those financial assets.
Highlights of the latest equipment leasing news from around the country.
We know what an equipment lease is. The Uniform Commercial Code defines it for us: "'Lease' means a transfer of the right to possession and use of goods for a period in return for consideration ... " UCC '2A-103(p). "Goods" include equipment. Id. '2A-103(n). If an agreement qualifies as a lease, then the "lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties." UCC '2A-301. What could be clearer?
Highlights of the latest commercial leasing cases from around the country.
Part One of this article addressed issues surrounding the name and address of the subject building and the landlord's right to prescribe rules and regulations. The conclusion discusses lease provisions pertaining to legal fees and expenses and the sale or exchange and assignment by the landlord.
A decision is being contemplated to close one or more stores. Factors for closing stores may vary. Possibly the store is not performing well, the store does not fit within the new prototype, the retailer is pulling out of a geographic area, or a host of other business reasons may be factors considered in determining to close a store.
In Kelo v. City of New London, 125 S. Ct. 2655 (2005), the U.S. Supreme Court affirmed the long-standing principle that governments can condemn private land in order to carry out area-wide redevelopment projects. The decision, which affirms the legal status quo, has been spun as a grievous invasion of property rights that now threatens every American home. In this article, we review the reaction of legislators at the national level to the Kelo case and, by examining one state's legislative response, discuss the issues raised by state legislation.
Intellectual property, be it in the form of trademarks, copyrights, or patents, represents a significant investment by the owner. The intellectual property owner, whether a large, multinational corporation or a sole inventor, makes the investment for a single purpose — to increase the value of its business. When a patent practitioner invests a client's resources and returns no significant value, that practitioner has failed to meet the client's expectations. This article addresses steps that a savvy practitioner can take to hedge the likely outcome of the patent procurement process.
The Federal Circuit's en banc decision in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005), provides a reminder, for patent prosecution attorneys and patent litigators alike, of the types of evidence that can be used to support a patent claim construction. In short, intrinsic evidence ' namely, the claim language, specification and prosecution history ' remains the primary source materials for interpreting patent claims. On the other hand, extrinsic evidence ' namely, dictionaries, treatises and expert testimony ' may not have the same persuasive status previously accorded by the Federal Circuit's decision in Texas Digital Sys., Inc. v. Telegenix, Inc., 308 F.3d 1193 (Fed. Cir. 2002). Nonetheless, extrinsic evidence retains its role in helping to explain the meaning of claim terms as understood by a person of ordinary skill in the art. Extrinsic evidence also can be useful to explain the "context" of the invention that informs any claim construction.
