New Math for the Entire Market Value Rule
December 20, 2010
A recent order from the Eastern District of Texas shows that patentees may not be able to calculate damages under the entire market value rule using a simple (<i>market value base ' royalty rate</i>) formula. Such damages calculations may be excluded from trial, leaving the patentee seeking to recover a fraction of the original damages figure.
Ninth Circuit Holds That Even Brats Deserve Equitable Treatment
December 20, 2010
Many companies require their employees to sign agreements that any inventions they create "during the course of their employment" will belong to the employer. A recent case decided by the Ninth Circuit, however, illustrates why companies should revisit such agreements in order to ensure that the ideas developed by their employees may not be exploited by those employees to the detriment of their employer.
SEC Proposed Rule 21F-13: A Hidden Whistleblower Tax?
December 20, 2010
Corporate Counsel take note: On Nov. 3, the Securities and Exchange Commission (the "SEC") published proposed Regulation 21F (the "Proposed Rules"), establishing a program designed to reward individuals who provide the SEC with information leading to successful enforcement actions.
The Patient Care Ombudsman: Controlling Costs
December 20, 2010
The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") gave patients of insolvent health care facilities a clear voice in bankruptcy proceedings by creating a new role in bankruptcy cases ' the Patient Care Ombudsman ("PCO").
Section 365(o) Coming into Focus
December 20, 2010
Troubled banks under the FDIC's jurisdiction often end up in conservatorships or receiverships. But bank holding companies that own U.S. banks can file for bankruptcy. And special rules apply in such cases.
Don't Delay, Obtain a Stay
December 20, 2010
A recent Sixth Circuit opinion may rebuke implicitly a controversial holding of the Ninth Circuit Bankruptcy Appellate Panel in 2008, holding that the lien-stripping effect of a sale pursuant to ' 363(f)of the Bankruptcy Code could be unwound on appeal.
Quarterly State Compliance Review
December 20, 2010
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that recently went into effect. It also looks at some recent important cases, including a Delaware Supreme Court decision.
Attorney Marketing in 2011
December 16, 2010
ATTORNEY MARKETING IN 2011 - At the end of the year, it is vital to successful lawfirm marketing to review what's been working and those tactics which need reinforcing. We spend a day with our clients strategizing and brainstorming: 1. Increasing client retention 2. Enhancing relationship building 3. Growing business development talent 4. Looking at the success ratio of pitches and proposals 5. Evaluating community, business and NPO particiipation 6. Updating the competition and economic…
Attorney Marketing in 2011
December 16, 2010
ATTORNEY MARKETING IN 2011 - At the end of the year, it is vital to successful lawfirm marketing to review what's been working and those tactics which need reinforcing. We spend a day with our clients strategizing and brainstorming: 1. Increasing client retention 2. Enhancing relationship building 3. Growing business development talent 4. Looking at the success ratio of pitches and proposals 5. Evaluating community, business and NPO particiipation 6. Updating the competition and economic…
<b>BREAKING NEWS:</b> SEC Proposed Rule 21F-13: A Hidden Whistleblower Tax?
December 06, 2010
Corporate Counsel take note: on Nov. 3, the SEC published proposed Regulation 21F, establishing a program designed to reward individuals who provide the SEC with information leading to successful enforcement actions. The proposal was mandated by Dodd-Frank and sets out procedures under which whistleblowers could qualify for significant monetary awards by providing information to the SEC regarding violations of the federal securities laws.
