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Features

Supreme Court Mandates More Patent Claim Clarity Image

Supreme Court Mandates More Patent Claim Clarity

Darren Donnelly

In <i>Nautilus, Inc. v. Biosig Instruments, Inc.</i>, a unanimous Supreme Court held that the test for patent claim definiteness in 35 U.S.C. '112, '2 (2006) "require[s] that a patent's claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty."

Case Notes Image

Case Notes

ljnstaff & Law Journal Newsletters

Experts analyze the latest key rulings.

Features

Coverage Disputes over Data Breaches Image

Coverage Disputes over Data Breaches

Ellen Farrell & Kathryn Linsky

Each day, businesses become progressively more dependent on computers and the Internet to gather, store and protect information. But, as sophisticated as this technology may be, it has also proven to be susceptible to breaches, which have time and again resulted in the unauthorized access of confidential information.

Features

Changes to Mental Disorders Image

Changes to Mental Disorders

Frank Cragle & Jaime Wisegarver

The Patient Protection and Affordable Care Act (ACA) is not the only health-care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict.

Columns & Departments

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

An in-depth look at various key cases.

Features

Dealing with Stub Rent After <i>In re Oreck</i> Image

Dealing with Stub Rent After <i>In re Oreck</i>

John B. Spitzer

A bankruptcy judge recently held that lessors of a debtor's corporate headquarters were not entitled to administrative expense priority under 11 U.S.C. ' 365(d)(3) for 25 days of unpaid "stub rent" for the period between the Chapter 11 petition and the first postpetition rent payment.

A Circuit Court Definitively Addresses Claims Trading Image

A Circuit Court Definitively Addresses Claims Trading

Yitzhak Greenberg

This article analyzes the <I>Enron</I> and <I>KB Toys</I> courts' treatment of the public policy issues associated with claims trading, and the implications of the <I>KB Toys</I> holding with respect to Financial Claims trading in the Third and other circuits.

Leveraging UnitedLex and Questio for a Challenging e-Discovery Case Image

Leveraging UnitedLex and Questio for a Challenging e-Discovery Case

Mark E. McGrath

It's no secret that both the time and money spent on e-discovery is skyrocketing. Fifteen years ago, discovery almost exclusively involved the collection and review of paper documents and was, in comparison to today's costs, relatively cheap. Today, the amount of data that the world generates is estimated to be doubling each year, and with that comes increasing opportunities for human error or technical glitches that could have a dramatic impact on case outcomes.

Features

Securitization of Renewable Energy Projects Image

Securitization of Renewable Energy Projects

Madeline Chiampou Tully, Perry Sayles, John T. Lutz & Philip Tingle

This article discusses the characteristics of renewable energy projects that are good candidates for securitizations, the structures and considerations involved in the recent solar project securitizations, and the impact of such securitizations on federal income tax incentives.

Features

In the Spotlight: Casualty: A Tenant's Perspective Image

In the Spotlight: Casualty: A Tenant's Perspective

Glenn Browne

When a fire or other casualty damages a tenant's premises, especially when the premises is part of a larger retail facility like an enclosed regional mall, the rights outlined in the tenant's lease will dictate how the casualty is handled.

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MOST POPULAR STORIES

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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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