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Features

Be Wary of What You Ask for: The Dangers of Improper Claim Drafting Image

Be Wary of What You Ask for: The Dangers of Improper Claim Drafting

Paul A. Ragusa & Lisa Tyner

Some inventions are easily characterized as a pure process, machine, manufacture, or composition of matter and lend themselves to a single independent claim and a simple set of dependent claims. Many inventions, however, involve two or more of the statutory categories of subject matter, and require several independent claims, often creatively drafted, with mapped sets of dependent claims for complete coverage. Can a claim that straddles the line between the statutory categories of subject matter or that does not technically distinguish the invention from other claims be found invalid as an improperly drafted claim?

Features

e-Commerce Docket Sheet Image

e-Commerce Docket Sheet

Julian S. Millstein, Edward A. Pisacreta & Jeffrey D. Neuburger

Recent cases in e-commerce law and in the e-commerce industry.

Features

States Eyeing Online Dating Industry Image

States Eyeing Online Dating Industry

Tresa Baldas & Michael Lear-Olimpi

Several states recently began cracking down on the online dating industry by proposing new laws that would, among other things, mandate criminal background checks on all people looking for love on the Internet.

Features

Economic Considerations in Law Firm Blogging Image

Economic Considerations in Law Firm Blogging

Ed Poll

According to studies cited by TechnoLawyer, approximately 80,000 new Web logs (blogs) launch every day, including dozens of law-related blogs (blawgs). A dedicated blogger myself (www.lawbizblog.com), I have found the experience to be a powerful form of marketing communication that continually connects me to actual and potential clients in ways I never anticipated.<br>Before members of your firm enter this technological brave new world, however, they should give due weight to the economic benefits and consequences of blogging. Here are some points worth considering.

Features

How to Securely Exchange Large Files Image

How to Securely Exchange Large Files

Daniel G. Rhodes

Foley &amp; Lardner LLP is a full service national law firm that provides legal services to clients from growing companies to large multinational concerns. Much of this work involves the time-critical exchange of large documents and data with attorneys and clients both inside and outside the firm. Given the sensitive nature of these files, the challenge is how to give attorneys the ability to exchange the information in a secure way. Strategically, security is the easier part of the problem; the bigger issue is how to facilitate the exchange so that users are in control of the process instead of having to call for IT support every time the need arises.

Features

<b>Technology In Marketing: </b> Spam and Filters Image

<b>Technology In Marketing: </b> Spam and Filters

Joshua Fruchter

The increasing use of filters by companies to block spam has a downside for law firms engaged in legitimate e-mail marketing ' an increased risk that their e-mails will be improperly labeled as spam and either blocked entirely or routed to users' junk (bulk mail) folders and never read.

Features

Electronic Health Records Image

Electronic Health Records

Barry B. Cepelewicz & James R. Denlea

While most physicians today have yet to make the leap into using electronic health records (EHR), more and more physicians are implementing EHR technology in their practices. As a result, physicians and their counsel are now confronting the various hurdles relating to e-discovery in their defense of medical malpractice claims.

Features

Net News Image

Net News

Samuel Fineman, Esq.

Music Industry Files 8000 New Infringement Lawsuits <br>

Features

Internet Gambling Banned Image

Internet Gambling Banned

Sean F. Kane

The House and Senate worked late into the night on Friday, Sept. 29, 2006 to finalize 'H.R. 4954: Security and Accountability For Every Port Act' or the SAFE Port Act and get it to the House floor. By early in the morning on Saturday, Sept. 30, 2006, just before adjourning for the election break, the House had passed the bill by a count of 409-2, and the Senate had agreed to the conference report by unanimous consent. Senate Majority Leader, and Presidential hopeful Bill Frist (R-TN) was the point-person for certain groups lobbying to ban Internet gambling with the addition of Title VIII to the legislation.

Features

Practice Tip: Proposed Changes to the FRCP Regarding Discovery of Electronically Stored Information Image

Practice Tip: Proposed Changes to the FRCP Regarding Discovery of Electronically Stored Information

Jennifer Smith Finnegan & Aviva Wein

On Dec. 1, 2006, new amendments to the Federal Rules of Civil Procedure addressing discovery of electronically stored information will take effect unless Congress enacts legislation to reject, modify, or defer the amendments. The amendments to Rules 16, 26, 33, 34, 37, and 45, which were approved by the U.S. Supreme Court on April 12, 2006, attempt to bring the discovery rules up-to-date in an Information Age where the majority of new communication and information is now created, disseminated, and stored in electronic media.

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    “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.
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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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