How to Avoid Insider Preference Liability
The Tenth Circuit held on July 15, 2008, that a major creditor with a seat on the debtor's board of directors and a 10.6% equity interest was not an insider in a bankruptcy preference suit. As shown in this article, the decision contains a road map for corporate insiders on how to avoid preference liability.
The Financial State of the Automotive Industry
Despite all the recent media attention focused on bankruptcy concerns among the domestic three automakers, we do not anticipate any domestic OEM filing for bankruptcy protection. However, we anticipate increased bankruptcy activity within the supplier base in the latter part of 2008 and into 2009.
LAW FIRM MARKETING AND DIVERSITY
LAW FIRM MARKETING AND DIVERSITY continues the discussion from our last column. Women and minority lawyers will enrich our services to in-house counsel because they bring multiple perspectives to bear on so many legal issues. After all, there is alot more involved than writing briefs and inking contracts. My AGC colleague may still disagree with the benefits underscored in this and the previous column, but by having an open discussion, you have gone a long…
Auction Web Site Off the Hook
At one time or another, every trademark holder must deal with infringement on the Internet. After years of chasing individual infringers, many brand owners seek relief from those who provide the means for infringement. Yet these efforts have had limited success, at least in the United States. In some jurisdictions, search engines have avoided liability for sales of trademarks as keywords, under the doctrine of non-trademark use.
GIVING 'TIL IT HURTS<i>Developing a Firm Giving Policy</i>
There is no firm in business today that isn't inundated regularly by requests for contributions, whether they are for charitable, community or political causes. For the community-minded firm, the requests can be overwhelming, as is the feeling that you do indeed want to help the organization requesting your help. But how can you serve your community ' and frequently, your firm ' without hurting your own firm's budget and community relations? You can say yes'
Rambus
Part One of this article provided background relating to IP disclosures in standard setting and discussed the <i>Rambus</i> decision. This month's installment addresses the impact of <i> Rambus</i>.
Claim Preclusion
The manufacturer/customer privity hurdle in patent infringement suits can be overcome by application of the <i>Kessler</i> doctrine. This article explains.
Export Controls for Technologies Described in U.S. Invention Disclosures
Last month, we published an article discussing the patent application foreign filing license requirements for various countries, including the United States. As the issue went to press, the Director of the U.S. Patent and Trademark Office ("USPTO") issued a Federal Register Notice warning patent applicants that the exportation of information relating to technologies developed in the United States to foreign countries for purposes of preparing patent applications to be filed in the United States is subject to clearance review by the Bureau of Industry and Security ("BIS") of the U.S. Department of Commerce. Here is the update.
Net News
FCC Orders Comcast to Cease Blocking Large Files<br>The Inexact Science Behind DMCA Takedown Notices
Can MySpace Suits Can the Spam?
Social-networking sites such as MySpace and Facebook are dropping the legal hammer on spammers. The question is: Can they really nail the elusive disturbers of Internet peace?
