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On the Move
October 28, 2008
Who's doing what; who's going where.
Health-Care Cases
October 28, 2008
Health'care-industry bankruptcy cases are unique in complexity and sensitivity. As such, health-care bankruptcy cases are financially and legally multifaceted, and may contain political dynamics often unseen in other types of bankruptcies.
Is Anyone Safe?
October 28, 2008
While an attorney may believe he is fulfilling his professional duty by assisting a corporate client in effectuating a financial transaction, if such transaction is ultimately found to be a fraudulent transfer or a breach of the fiduciary duties of one or more of the corporate client's principals, the attorney who counseled the client on such transaction could find him- or herself liable for aiding and abetting a deepening insolvency.
In the Marketplace
October 28, 2008
Highlights of the latest equipment leasing news from around the country.
The 547(c)(4) New Value Defense: Paid or Unpaid
October 28, 2008
It will come as no surprise that there is a long-standing split of authorities among the courts concerning whether or not subsequent new value must remain unpaid for the purposes of ' 547(c)(4). This article discusses where the courts stand today.
IRS SILO Settlement Initiative
October 28, 2008
On Aug. 6, 2008, the IRS announced settlement initiatives for more than 45 large corporate taxpayers that engaged in Lease-In/Lease-Out ("LILO") or Sale-In/Lease-Out ("SILO") transactions, which were designated as listed transactions in 2000 and 2005 respectively.
e-Mail Exchanges As Binding Contracts
October 28, 2008
As a number of recent decisions in New York and elsewhere make absolutely clear, for good or for ill, parties now can conclude a contract, or amend an existing contract, via e-mail.
And on the 46th Day, Who Wins? A Primer on Federal Tax Liens, the 45-Day Rule, and Future Advances
October 28, 2008
Part One of this article discussed Article 9 security interests and future advances, and federal tax liens. This final installment addresses exceptions for purchasers, holders of security interests, and certain others.
The TDRA Turns Two: But Are Trademark Owners Better Off?
October 28, 2008
Through the TDRA, Congress intended to clarify the standards of fame and dilution for trademark owners, but the courts have struggled to come up with a uniform application of these tests.
Has the Federal Circuit Strengthened Design Patent Protection?
October 28, 2008
In <i>Egyptian Goddess v. Swisa</i>, the Federal Circuit held that the "ordinary observer" test first set forth by the Supreme Court more than 100 years ago is the sole test for design patent infringement.

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