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Federal Circuit Overturns Central Component of TTAB's Medinol Doctrine
September 29, 2009
In one of the most closely watched trademark-related appeals in recent memory, <i>In re Bose Corp.</i>, the Federal Circuit overturned the central holding of <i>Medinol Ltd v. NeuroVasx Inc.</i>. Specifically, the Federal Circuit disapproved of the Board's practice of finding fraud if a registrant or applicant "should have known" that a material representation to the PTO was false.
Where's the Door?
September 29, 2009
Part One of this article described the types of operating covenants. The conclusion herein explains the remedies for violating these covenants.
In the Spotlight: Enforcing the Green Lease
September 29, 2009
As the green lease is first and foremost a business relationship concerning occupancy of real estate, the remedies for enforcement of the "green provisions" should strike an acceptable balance within that relationship.
Class Certification Now an 'Olympic High Hurdle Event' in the Third Circuit
September 29, 2009
In a recent opinion issued by Chief Judge Scirica the Third U.S. Circuit Court of Appeals has clarified the hurdle height to "jump over" in order to obtain class action certification. In so doing, the court has both "ratified" and, at the same time, "put greater bite into" the trend of imposing a stricter standard for certification.
Court Watch
September 25, 2009
Highlights of the latest franchising cases from around the country.
e-Retailing Is Crawling Back, Overall Spending Decrease Narrows
August 27, 2009
The numbers on U.S. e-commerce activity for the second quarter are in ' and they're good, indicating per se that the economy may be making a break from the recession.
Performing a Litigation Audit on Your Lease Agreements
August 27, 2009
This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions: choice-of-law, forum selection, venue, jury trial waiver and attorney's fees.
Landlord & Tenant
August 27, 2009
Recent rulings you need to know.
Index
August 27, 2009
Everything contained in this issue, in an easy-to-use format.
What's New in the Law
August 26, 2009
Highlights of the latest equipment leasing cases.

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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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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