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IP News
October 30, 2007
Highlights of the latest intellectual property news from around the country.
Online Interviewing for Use in Lanham Act Litigation
October 30, 2007
Internet interviewing will undoubtedly become the norm over the next decade. Being familiar with the ways to enhance its reliability and validity will be necessary to create scientifically valid, controlled, and reliable studies that can be used in Lanham Act litigation.
Copyright Misuse: An Overview
October 30, 2007
The doctrine of copyright misuse is a fairly recent development in copyright law. Since it was first recognized less than 20 years ago, the judicially created doctrine has emerged as a valid defense in at least several circuits, while other courts have been reluctant to accept it.
A Summary of the New Rules for Litigating Before the TTAB
October 30, 2007
On Aug. 1, 2007, the U.S. Patent and Trademark Office ('USPTO') issued a final rulemaking action titled 'Miscellaneous Changes to Trademark Trial and Appeal Board Rules' (the 'Amendments'). This article summarizes the most significant Amendments affecting Board <i>inter partes</i> proceedings.
Challenges to Corporate Culture Presented By Anonymous Whistleblowing
October 30, 2007
Whether the ends justify the means is a question that arises in many areas of the law. One such debate is brewing with respect to legal protections for anonymous whistleblowers.
Master Franchisee Buyouts Become More Popular Internationally
October 30, 2007
Franchise attorneys are quite familiar with management buyouts ('MBOs') and have perhaps assisted or consulted in such transactions. Now comes along a new phenomenon in international franchising: master franchisee buyouts ('MFBOs'). An introduction to MFBOs follows, using examples of two recent transactions.
Business Crimes Hotline
October 30, 2007
Recent national rulings of interest to you and your practice.
In the Courts
October 30, 2007
Analysis of recent rulings.
Deferred Prosecution Agreements and Privileged Documents
October 30, 2007
XYZ Inc. settles a federal criminal investigation by signing a deferred prosecution agreement (DPA). Now its attorneys think the company and its privileged documents are safe so long as XYZ stays out of trouble. But have they closed the barn door after the horse has run away? A little-noticed holding by Judge Lewis A. Kaplan in the KPMG tax shelter case suggests that a DPA may open privileged documents to defendants in criminal trials and even to civil litigants.
Perfecting Lease Payment Streams
October 30, 2007
This article reviews the <i>In re Commercial Money Center</i> case and its practical implications, provides an overview of some proposed amendments to the UCC with respect to such problems, and discusses suggestions of how to protect clients in the post-<i>CMC</i> environment.

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