Key Lessee and Lessor Decisions Made in the Lease Project
Although FASB and IASB Boards finally decided all leases are not alike, they made a split decision as to how to classify them based on type of asset leased.
The New York Convention for the Enforcement of Foreign Arbitral Awards
Cross-border equipment lessors and their financiers often prefer binding arbitration clauses in their lease agreements on the assumption that, under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, an arbitral award granted, for example, in the United States would be simple and quick to enforce in the foreign jurisdiction of the lessee. This, however, is not necessarily the case.
Court Orders Target Internet Companies In Trademark Disputes
A proposed law to combat digital piracy stalled last year in the face of widespread public opposition, but district courts are embracing its controversial remedies against Internet companies that do business with alleged infringers in trademark cases.
Finding the Needle in the Social Media Haystack
With the explosion of social media one challenge is that much of the information posted in such venues is dross. But there are also the occasional invaluable kernels ' needles in the cyber haystack, as it were ' that provide opportunities for expanding your portfolio of work with existing or new clients.
Announcing the Eighth Annual MLF 50
Everything you need to know to enter this year's competition!
IP News
Highlights of the latest intellectual property news from around the country.
Website Accessibility Rules Are Still on Target
A recent federal court ruling, <i>National Association of the Deaf v. Netflix, Inc.</i>, held that California's state disability rights laws applied to a website, despite the absence of a bricks-and-mortar store nexus. Instead, the National Association for the Deaf (NAD) pursued the accessibility under the Americans with Disabilities Act (ADA) of a "website only" firm with no real-world presence ' Netflix.
Refining the Pleading Requirements for Patent Infringement
In <i>In Re Bill of Lading Transmission and Processing System Patent Litigation</i>, the Court of Appeals for the Federal Circuit held that Form 18 of the Federal Rules of Civil Procedure governs the required specificity when pleading direct patent infringement.
Much Ado About Standards of Review (But Not All That Much About AdWords)
While on the surface the <i>Rosetta Stone</i> opinion might seem to be a public rebuke of the merits of Google's AdWords program, on closer scrutiny it is clear that the Fourth Circuit's opinion is more properly read as a reprimand of the district court, which, according to the Fourth Circuit, improperly mixed its standards of review and made a hash of the functionality doctrine in the process.
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- The Stranger to the Deed RuleIn 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.Read More ›