Features
Why Not Throw in the Design of the Kitchen Sink?
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
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
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
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
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
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
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
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
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
Discussion of a Flonase class action ruling.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
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- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
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