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Features

Why Not Throw in the Design of the Kitchen Sink? Image

Why Not Throw in the Design of the Kitchen Sink?

Christopher P. Foley, Elizabeth D. Ferrill & Larry M. Sandell

When it comes to seeking patent protection for a new product, companies are often faced with a dilemma: delay patent filings until the product has proven commercial value, or gamble substantial resources trying to create a portfolio of utility and design patents for a product that may not be successful?

Appeals by the Numbers Image

Appeals by the Numbers

Matt Schneller & Erin Hennessy

Two of the main substantive causes for refusals of U.S. federal trademark applications are descriptiveness refusals (under Section 2(e) of the Lanham Act, and likelihood of confusion refusals (under Section 2(d)) of the Act.

Features

<b><i>BREAKING NEWS</b></i>New Jersey Must Allow Gay Marriage, Judge Rules Image

<b><i>BREAKING NEWS</b></i>New Jersey Must Allow Gay Marriage, Judge Rules

ALM Staff & Law Journal Newsletters

A New Jersey judge ruled on Sept. 27 that the state must allow same-sex couples to marry, since failing to do so would deprive them of rights that now are guaranteed by the federal government, according to a report in <i>The New York Times</i>.

Features

<B><I>BREAKING NEWS</i></b>New Jersey Must Allow Gay Marriage, Judge Rules Image

<B><I>BREAKING NEWS</i></b>New Jersey Must Allow Gay Marriage, Judge Rules

ALM Staff & Law Journal Newsletters

A New Jersey judge ruled on Sept. 27 that the state must allow same-sex couples to marry, since failing to do so would deprive them of rights that now are guaranteed by the federal government, according to a report in <i>The New York Times</i>.

Criminal Prosecution Image

Criminal Prosecution

E. Alex Beroukhim & Emilia P. E. Morris

With the dramatic influx of counterfeit goods in the marketplace, brand name manufacturers now, more than ever, have their work cut out for them as they seek to protect the reputation and value of their trademarks.

Features

Recent Guidance on China's Employment Law Image

Recent Guidance on China's Employment Law

Kevin L. Jones

The Supreme People's Court, the highest court in China that issues guidance on the application of Chinese law, recently provided a set of clarifications to the Employment Contract Law.

Features

DE Court Applies Business Judgment Rule in Reviewing LBO Image

DE Court Applies Business Judgment Rule in Reviewing LBO

ALM Staff & Law Journal Newsletters

Robust procedural protections" can achieve business judgment rule review, even where the controlling stockholder retains a material interest in the ongoing company following the buyout.

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, including amendments to Delaware's corporation and LLC laws.

Features

Changing the Rules of the Game After the Whistle Has Blown Image

Changing the Rules of the Game After the Whistle Has Blown

Janie F. Schulman

Recent notable whistleblower cases are in some instances defining what it takes to be a successful retaliation plaintiff; in other ways, these cases are merely shaping the battleground for cases yet to come.

Columns & Departments

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Discussion of a Flonase class action ruling.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    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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