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Features

What's New In the Law Image

What's New In the Law

Robert W. Ihne

Finance Companies' Rights to Collect <br>True Lease vs. Security Interest: In General<br>Lessors' Damages: Measures and Entitlement<br>Vendor Issues<br>End-of-Term Lease Provisions<br>Forum Selection, Jurisdiction and Choice of Law<br>Assignments of Leases

Joinder Issues in BitTorrent Copyright Litigation Image

Joinder Issues in BitTorrent Copyright Litigation

Richard Raysman & Jonathan P. Mollod

Over the past several years, there has been a national flurry of civil actions brought primarily by pornographic filmmakers alleging copyright infringement by individual file-sharers using the BitTorrent computer protocol.Typically, the copyright holders allege that users illegally downloaded, reproduced and distributed at least a portion of the film at issue using BitTorrent, a peer-to-peer protocol that allows users to transfer large files on the Internet.

Features

<i>Biosig Instruments, Inc. v. Nautilus, Inc.</i> Image

<i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>

Matthew Siegal & Irah H. Donner

In <i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>, the Federal Circuit held that the functional claim language of "spaced relationship" was definite in view of the inherent parameters of the claimed apparatus, notwithstanding the lack of any specific quantification of exactly how wide the spacing should be.

Features

Interoperability Exemptions Under The DMCA Image

Interoperability Exemptions Under The DMCA

Michael S. Elkin & Thomas P. Lane

The DMCA prohibits the circumvention of digital rights management technologies and other similar content access or copy restrictions on copyrighted works. As such, it has long been understood that the circumvention of computer programs to enable interoperability of non-approved software applications ' a practice commonly referred to as "jailbreaking" ' was forbidden under the DMCA.

Features

Taming the Beast Image

Taming the Beast

Laurie Fischer & Heather Yanak

Corporate law departments acknowledge the need to manage and control the unabated and explosive growth of digital information, yet understand that the traditional approach will not work. Compounding the problem are regulatory and privacy issues.

Facing Multilingual Litigation in e-Commerce Image

Facing Multilingual Litigation in e-Commerce

Mary Mack

International borders are no longer a barrier in e-commerce business. Enterprises often have multinational corporate parents, subsidiaries, suppliers and customers. Even smaller companies can develop e-commerce websites and reach out to prospects in all corners of the world.

Features

Equipment Rentals in Bankruptcy: Allocation Issues Arising from Post-Petition Payments Image

Equipment Rentals in Bankruptcy: Allocation Issues Arising from Post-Petition Payments

Dennis Dressler

Courts frequently wrestle with how to apply post-petition payments for rental proceeds deriving from lenders' pre-petition collateral. The issue arises principally in single asset real estate cases, because generally post-petition proceeds of the debtor are the rents attributable to the lender's collateral.

Features

Jos' Feliciano Sues to Rescind Management Deal Image

Jos' Feliciano Sues to Rescind Management Deal

Adolfo Pesquera

International recording artist Jos' Feliciano is suing his manager and asking a Broward County, FL, circuit judge to rescind their contract.

Columns & Departments

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Delaware Affirms Franchisors Are Not Franchisees' Employers <br>CA Moves One Step Closer To Confidentiality for Negotiated Contract Terms<br>New Hampshire Passes Changes to Vehicle Dealership Laws<br>Exam for CA Board Certified Franchise and Distribution Law Specialist Set for Oct. 22<br>Dearborn, MI, McDonald's Drops Halal Chicken After Settling Lawsuit

Features

Can Judges 'Friend' Lawyers? Image

Can Judges 'Friend' Lawyers?

Shari Claire Lewis

It should be no surprise that the continuing growth of social media tools such as Facebook, Twitter and LinkedIn has led to questions about its use by members of the legal community, including members of the judiciary.

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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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    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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