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New York Court Sees No Fair Use in <i>Star-Trek</i> Inspired Fan Film
March 01, 2017
The creative story-telling that fueled the passion of fans inspired a number of them to expand the Star Trek universe on their own through "fan films," which can challenge the property owners' efforts to maintain the integrity and appeal of their franchise. If unchecked, unauthorized derivatives could lead to an eventual loss of the copyright and trademark rights that underlie the value of the property.
How Much Did the Federal Circuit Narrow Eligibility for Covered Business Method Review?
March 01, 2017
In November of last year, the Federal Circuit narrowed the types of patents eligible for covered business method review in <i>Unwired Planet, LLC v. Google Inc.</i> The court's decision narrowed what patents are eligible for CBM review, and provided some guidance for future cases.
Third-Party Money Launderers
March 01, 2017
Each year, the U.S. government secures more than 1,200 money-laundering convictions. Now, the Federal Bureau of Investigation (FBI), at least, is setting its sights with renewed vigor on those who help criminal organizations and terrorists conceal billions in illicit funds.
Using Background Checks to Hire and Retain Employees
March 01, 2017
The ability to hire and retain a competent, responsible workforce distinguishes the great human resources managers from the merely mediocre ones. Retention is highly valued in most successful businesses because hiring on limited information often comes down to more luck than skill, and nobody wants to engage in hiring more often than absolutely necessary.
Cybersecurity Insurance<br><b><i><font="-1">Untangling the Mystery</b></i></font>
March 01, 2017
High-profile breaches have encouraged many businesses to proactively assess their cyber liabilities, and implement prevention and response plans. Fortunately, there are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
FinTech Pressure on Equipment Finance Companies Serving SMB Markets<br><b><i><font="-1">Challenges and Opportunities</b></i></font>
March 01, 2017
This article discusses the initial impact of FinTechs and resulting opportunities and challenges, including strategies for recovering non-performing loans and leases within the fast-paced FinTech business model.
What Law Firms Can Learn from The Ninth Annual Law Department Operations Survey
March 01, 2017
Over the last few years, the legal operation managers' role has flourished, growing from a profession in its infancy into an unruly teenager, far more mature but with substantial areas poised for development. Now, more than ever, law departments are focused on implementing programs and structures to improve their financial management and deliver value.
Work Letter 'What Ifs': Practical Solutions to Possible Problems
March 01, 2017
<b><i>Part One of a Two-Part Article</b></i><br>The work letter agreement of the lease sets forth the rights and obligations of the landlord and the tenant relating to the construction of improvements at the leased premises. To help anticipate problems and mitigate associated risks, this two-part article summarizes six "what if" scenarios that should be considered by landlords and tenants when negotiating Work Letters.
Second Circuit Reverses District Court in <i>Marblegate</i>, Making It Easier to Restructure Bonds Outside of a Chapter 11 Case
March 01, 2017
On Jan. 17, 2017, in a closely watched dispute, the Second Circuit issued its long-anticipated decision in <i>Marblegate Asset Management, LLC v. Education Management Finance Corp.</i>, construing Section 316(b) narrowly, holding that it only prohibits "non-consensual amendments to an indenture's core payment terms" and does not protect noteholders' practical ability to receive payment.
The Intent of Section 546(e)
February 01, 2017
<b><i>Will Reversing a Transaction 'Seriously Upset The Securities Market' Ability to Function'?</b></i><p>On Dec. 1, 2016, Bankruptcy Judge Michael J. Kaplan, held that when a private company repurchases stock from a shareholder, and the payments were made "by" the company "to" the shareholder, through a bank, those payments are not protected by Bankruptcy Code § 546(e)'s safe harbor defense because its application "cannot be permitted to turn upon the use of a bank."

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