Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


IP News
January 04, 2006
Highlights of the latest intellectual property news from around the country.
Infringement By Source Code 'Golden Master': Developments in Patent Infringement Law Concerning Extra-U.S. Sales
January 04, 2006
Until recently, U.S. software companies comfortably operated under the assumption that selling software that was copied from a "golden master" CD outside of the United States, and which was sold only to customers outside of the United States, did not infringe U.S. patents. Recent developments in the law have destroyed that comfort and made clear that infringement liability may very well lie for exactly those types of foreign sales.
If You're Confused, You Should Be: Two Federal Laws Apply to Cell Phone Messages
January 04, 2006
When it comes to sending promotional messages to wireless devices, such as through e-mail or short message service ("SMS"), there is more than one reason to be confused. First, there are two different federal laws that apply to messages that end up on wireless devices such as cell phones. The Controlling the Assault of Non-Solicited Pornography and Market Act (the "CAN-SPAM Act"), 15 U.S.C. &sect;7701 <i>et seq.</i> and 18 U.S.C. &sect;1037, applies if the address that is used to send the message consists of a username and a domain name. (Commonly, if the wireless device is a cell phone, the username would be the number of the cell phone and the domain name would be the domain name of the wireless carrier. If the wireless device is of some other type, the address may be formulated differently.) The applicable rule is: If the address has a domain name in it, the CAN-SPAM Act's wireless e-mail regulations apply.
Editor's Note
January 04, 2006
Every year is filled with new opportunity and as Henry Ford said: "If you think you can do a thing or think you can't do a thing, you are right." So, take a step back as a management team and look at what's happening in the legal market.
Index
January 04, 2006
A complete listing of cases covered in this issue.
Civil Forfeiture of Corporately Owned Property
January 04, 2006
Federal statutes provide for forfeiture of real property used in conjunction with a variety of criminal activity. Although the primary focus of federal civil forfeiture statutes has been on drug-related offenses, the reach of these statutes now extends to a variety of other crimes. A recent Southern District case, however, raises an issue not explicitly resolved by the forfeiture statutes: when is the property of a corporate owner subject to forfeiture?
Cooperatives & Condominiums
January 04, 2006
Discussion of recent cases.
Real Property Law
January 04, 2006
Analysis of recent key rulings.
Development
January 04, 2006
In-depth analysis of a recent ruling.
Landlord & Tenant
January 04, 2006
Discussion of recent cases.

MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
    Read More ›
  • 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.
    Read More ›
  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
    Read More ›