Features
The America Invents Act
The law is, no question, significant ' even record-setting ' patent legislation. For proponents, the new law holds the promise of accomplishing two things, each of which is potentially profound, and each of which applies not only to traditional markets, but to e-commerce as well.
Features
New Rules Proposed for Debt Collectors and Reporting Agencies
The Consumer Financial Protection Bureau announced a proposed rule to include debt collectors and credit reporting agencies under its nonbank supervision program. These consumer financial market participants are not currently subject to federal supervision.
Features
The COACH Mark Is Famous, But Not Famous Enough to Support a Dilution Claim
Although acknowledging that the COACH mark for handbags and other luxury goods was famous enough for that fame to be a strong factor in a likelihood of confusion analysis, the U.S. Court of Appeals for the Federal Circuit has concluded that there was insufficient proof that the mark was a "household name" that was famous enough to support a claim of dilution against a third party's COACH-branded educational materials.
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New Requirements for Companies with Personal Information of MA Residents
Companies with personal information of Massachusetts residents must amend their existing contracts with vendors that handle such information to require the vendors' compliance with the Massachusetts data security regulations.
Features
Full Recourse Enforcement of Non-Recourse Loans
Two recent cases from Michigan could have far-reaching implications nationwide regarding the enforceability of non-recourse loans as fully recourse.
Features
Retirement Assets for Equitable Distribution
It has become common practice in equitable distribution calculations to reduce pension and other tax-deferred retirement asset valuations ... but there are several problems associated with this practice, and they should be considered by divorcing parties and their advisers.
Features
Cow Harbour True Lease Characterization Decision 'Released'
Whether a lease is a "true" or "finance" lease has been debated in Canadian courts for decades in many different contexts. The Alberta Court of Queen's Bench recently released one of the most important recent decisions in this debate and provided significant guidance as to how leases are to be classified in insolvency cases.
Features
In the Spotlight: Master Lease Boilerplates
Preparing and negotiating sublease agreements can be much more difficult than preparing and negotiating lease agreements. This is especially true with respect to so-called "boilerplate" provisions.
Features
There's a New Sheriff in Town
Receivership is a frequently used remedy for lenders faced with defaulted loans collateralized by income-producing properties, such as shopping centers.
Features
Carter Named CEO and President of ALM
ALM, publisher of <i>Law Journal Newsletters</i> has named Bill Carter its president and chief executive officer.
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