Analyzing the New York Franchise Act of 1980: Q&A with Thomas M. Pitegoff, New York Bar Association, Business Law Section
December 05, 2005
In August 2005, the New York Bar Association authorized the formation of a subcommittee of the Business Law section to review, analyze, and possibly revise or rewrite the New York Franchise Act of 1980 to better reflect the current franchising landscape. The subcommittee has held several meetings and is soliciting input from all interested parties. In this interview, Thomas M. Pitegoff (White Plains, NY) discusses the initial goals of the subcommittee, its progress to date, and its continued interest in receiving comments from franchisors, franchisees, and their representatives, and others who may be affected by the New York franchise law.
A Comparison of Novelty in Patent Law and an Analysis of Filing Strategies
December 05, 2005
This is the first of a two-part article. This installment discusses the implications of different foreign filing strategies for establishing a priority date under 35 U.S.C. §102(e). Next month's installment will discuss recommendations for foreign applicants filing in the United States and the situation under the European Patent Convention.
Infringement By Source Code 'Golden Master': Developments in Patent Infringement Law Concerning Extra-U.S. Sales
December 05, 2005
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.
CD: Attorney Listings, Directories and Surveys
December 04, 2005
In the legal industry there are numerous lists, directories and surveys in every shape and form. To be considered for the American Lawyer's A list you need to have participated in at least 4 other surveys ' did you know that? Do you know when Chamber's begins collecting information and formulating their lists? How do you manage all the information? What should be included? What happens behind the scenes after you have sent your information in? Who should the law firm include and why?
Practice Tip: Expert Preparation ' The Ipse Dixit Problem
December 02, 2005
Until 1997, when the Supreme Court decided <i>General Electric v. Joiner</i>, 522 U.S. 136, (1997), I had never heard of the term <i>ipse dixit</i>. Now, almost every month I read a decision in which that phrase appears. <i>Ipse</i>, in Latin, is "he himself"; <i>dixit</i>, "to say." Its dictionary meaning is "an unsupported assertion, usually by a person of standing."
Case Notes
December 02, 2005
Highlights of the latest product liability cases from around the country.
A Primer for Successor Corporations on Avoiding Potential Product Liability Exposure
December 02, 2005
Among the myriad acquisitions, mergers, assets sales and other transactions that are consummated every day by companies engaged in the business of manufacturing, distributing or selling products, there is hardly a transaction imaginable that does not somehow implicate a precedent corporate entity. A corporation that "succeeds" to another company's operations may be deemed responsible for the latter's liabilities, including claims with respect to products manufactured, sold or distributed before the acquisition. The resulting liability, if visited upon a successor, may subject it to exposure far beyond anything ever contemplated at the time of the transaction ' and in amounts that far exceed the value of the deal or the worth of the entire company.
