LJN Newsletters

This is the second article of a two-part series about managing the risks of doing business in Latin America. Last month's installment described Latin America as a region blessed with impressive worker productivity and natural resources, but also troubled by pockets of political and economic unrest. The article concluded that Latin America represents a fertile business frontier for equipment leasing and finance companies that are willing to manage risks proactively. It covered potential market entry risks and suggested strategies for reducing exposure. This month's article explores operational and exit-strategy risks to consider before expanding into Latin America. Risks are summarized in the Risk Map for Doing Business in Latin America (Table 1), published last month, which I developed based on experiences in the region. The map is intended as a checklist that outlines typical risks and management strategies. However, as every business is unique, companies should also attempt to identify additional risks and/or their own approaches.

Highlights of the latest insurance cases from around the country.

Asbestos-related litigation has forced at least 70 companies into bankruptcy, with more than 30 filing since 2000 alone. RAND Institute for Civil Justice, Asbestos Litigation Costs and Compensation: An Interim Report (2002); The Asbestos Alliance, Asbestos by the Numbers (2004). Meanwhile, the outlook remains uncertain for a federal legislative solution. In the bankruptcy courts, companies, insurers, claimants and judges will be forced to grapple with a variety of issues regarding the appropriate use of Section 524(g) of the Bankruptcy Code. Central to these disputes is the extent to which insurers have standing to raise issues regarding the debtors' bankruptcy filings and the provisions of their reorganization plans. In this article, we discuss recent rulings addressing insurers' standing in three asbestos-related bankruptcies: In re Mid-Valley, Inc., In re Congoleum Corporation, and In re Western Asbestos Company.

Traditionally, arbitration panels in the reinsurance industry have been tripartite panels with each party choosing its own arbitrator and the party-appointed arbitrators choosing a neutral umpire. Courts have recognized that party-appointed arbitrators may be advocates for the appointing party. Sphere Drake Ltd. v. All Am. Life Ins. Co., 307 F.3d 617, 620 (7th Cir. 2002). ("In the main party appointed arbitrators are supposed to be advocates.") While the industry has become accustomed to the system of advocate arbitrators and there are those who champion this system, there has been a growing consensus that neutral panels may be preferable to advocate arbitrators.

Highlights of the latest intellectual property news and cases from around the country.

When a dispute arises between parties regarding the use and registrability of a trademark, counsel often must weigh the facts and circumstances to advise a client whether it would be best to commence an action in the PTO's Trademark Trial and Appeal Board ("TTAB") or file suit in federal court. In some cases however, counsel will find a client in the midst of a TTAB proceeding ' or worse ' after an unfavorable decision has been rendered against the client in an opposition or cancellation proceeding. In such situations, counsel must assess what preclusive effect, if any, the prior administrative decision may have in a subsequent trademark infringement action in federal district court.

The U.S. patent system grants patentees the right to exclude others from practicing a patented invention, which is defined by a patent's claims. As such, the patent statute requires that patent claims be clear and definite. The policy underlying this requirement is to ensure that competitors are provided with fair notice as to the scope of the claimed invention.

What happens when a large newcomer to a geographic region with a federal registration for its service mark encounters a smaller pre-existing business in that region with prior use of a similar mark for the same services? Enjoinable reverse infringement results, according to the U.S. Court of Appeals for the Third Circuit. Citizens Financial Group, Inc. v. Citizens National Bank of Evans City, Case Nos. 03-2868 and 03-3175 (3d Cir. 2004).