Negotiating Parking Privileges in Commercial Leases: What Every Tenant Should Know
Parking privileges are often essential to the businesses of commercial tenants. Given this proposition, it is surprising that many commercial tenants and their legal counsel often overlook important parking issues in favor of what may appear to be more pressing legal and economic issues in the lease negotiation process. This is unfortunate, as inadequate or ambiguous parking provisions can: 1) lead to costly legal battles, 2) harm a tenant's business, and 3) cause the deterioration of the landlord-tenant relationship.
Unfunded Plans: A More Upbeat View
Readers of the accompanying roundtable discussion may find themselves wondering if there's currently anything good to say about unfunded retirement plan obligations. About the only glimmer of hope was the allusion by one discussant (Bill Brennan) to "rare situations" where such plans might be required. <br>Here to speak up for such exceptional situations is Jeff Stevenson, Managing Director of Chicago Consulting Actuaries
A Quick Look At Elite E-Invoicing
Since 2003 Haynes and Boone has seen the number of client requests for electronic invoices triple. Now at least 20% of its clients require electronic invoices, which translates into 5,000-6,000 electronic invoices on an annual basis. Some larger clients accept invoices only electronically. <br>Rather than deal with a third party software vendor, Haynes and Boone LLP decided in 2003 to obtain e-billing software from its major accounting software vendor, Thomson Elite
Perils Of Unfunded Obligations: 4 Key Questions
As summarized by <i>A&FP</i> Board member Bill Brennan of Altman Weil, Inc. an "unfunded retirement program" is essentially a promise to pay partners a retirement benefit in the future from the firm's future profits. About 24% of law firms have an unfunded retirement plan (down from 57% in 1990), according to the <i>2005 Retirement and Withdrawal Survey for Private Law Firms</i>, prepared by Altman Weil, Inc. In about 15 years over 30,000 lawyers will be retiring each year. To the extent these partners must be paid retirement benefits from the then-current profits of their respective law firms, those firms unprepared for this potentially huge financial liability will be at risk, and some may not survive.
Features
The Emergence of IP Finance: A Bright Future Lies Ahead
A recent search of Amazon.com generated more than 2200 publications related to intellectual property. The publications covered a broad array of subjects including law, valuation, licensing, finance, management, and globalization. While this finding is illustrative of an expanding interest in intellectual property, the area of IP finance in particular is rapidly evolving and has the potential for significant growth.
Post-Issuance Experimentation As Evidence of Unexpected Results
A patent may not be obtained ... if the ... subject matter [sought to be patented] as a whole would have been obvious at the time the invention was made." 35 U.S.C. '103(a). Establishment of <i>prima facie</i> obviousness requires satisfaction of three separate criteria. First, there must be some suggestion or motivation to one of ordinary skill in the art to modify a reference or to combine reference teachings. Second, there must be a reasonable expectation of success. Third, the prior art reference (or references when combined) must teach or suggest each and every limitation in the claim under examination. <i>In re Vaeck</i>, 947 F.2d 488, 20 U.S.P.Q.2d 1438 (Fed. Cir. 1991). With respect to chemical compounds, a <i>prima facie</i> case of obviousness may be made based on structural similarity of the claimed compound to other known compounds since "one skilled in the art [would be motivated] to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." <i>In re Payne</i>, 606 F.2d 303, 313 (CCPA 1979).
Features
Preliminary Injunctions in Patent Litigation
Motions for preliminary injunctions have become effective weapons in patent infringement litigation. One of the most important benefits to a patentee is quick relief, since a motion for preliminary injunction may be heard within weeks after a patent lawsuit is filed. Preliminary injunctions may also promote settlement, since if the injunction is granted, the effect can be devastating to a defendant. If the accused device or method is a central part of the defendant's business, an injunction may ruin the defendant financially. On the other hand, if the motion for preliminary injunction fails, a defendant may be much less willing to settle, since the defendant's invalidity and/or non-infringement positions may have been bolstered by denial of the preliminary injunction, not to mention the fact that the defendant's success was likely obtained at significant expense.
Features
Developments of Note
Recent news in e-commerce law and in the e-commerce industry.
Features
Net Charity Registration Requirements
As part of states' efforts to shield their residents against the fraud and other crime that might be perpetrated against them in the name of a sham charity, most charitable organizations must register within the state in which they are domiciled. Thirty-eight states and the District of Columbia, for instance, require charities to register in-state, and to file financial and other information prior to soliciting in those states. States, however, also routinely impose their registration requirements on out-of-state charities that solicit in state in traditional ways (<i>eg</i>, by having solicitors enter the state) or over the Internet. Charitable organizations that use the Internet to solicit contributions must register if they use their Internet solicitation specifically to target people in that state, or receive Internet contributions from the state on a repeated, ongoing basis, or what's defined as "a substantial basis."
Features
Database Security Breaches: Legal Liability
The recent report of a possible compromise of information among as many as 40 million MasterCard customers demonstrated in frightening clarity the potential for digital data breaches as more and more information is stored and manipulated electronically by more and more people. For many companies, the issue has an impact on operations and marketing, quite aside from the dangers of potential legal liability. <br>More than ever, e-commerce firms are vulnerable to such problems and would do well to heed counsel's advice to take steps to avoid compromises and legal liability.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›
- Beach Boys Songs Written Decades Ago Triggered Current Quarrel With LawyersThere's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.Read More ›
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Technology in Marketing: Where to Invest Your Marketing Technology DollarsLaw firms have realized that using technology ' particularly the Internet ' is a powerful tool for creating a more level playing field to enhance their images, expand their visibility in targeted markets and drive business to their firms. However, with so many competing interests for limited marketing dollars, where should you invest your firm's resources to get the most bang for the buck?Read More ›