Features
<i>In Re BilskiM</i>: Patent Eligibility of Business Methods Under 35 U.S.C. ' 101
On Nov. 9, 2009, the Supreme Court heard oral argument in <i>In re Bilski</i> ' a case that will likely impact whether business methods are eligible for patent protection under 35 U.S.C. ' 101. To date, the Supreme Court has held that abstract ideas, natural phenomena, and laws of nature are not patent eligible, but has yet to apply that holding to a business method.
Features
Business Interruption Coverage
Business Interruption coverage is contained in most first-party commercial property insurance and is meant to provide coverage where there is a suspension of business caused by direct physical loss to the property. Such policies also contain a "Civil Authority" provision, which typically states that the insurer will pay business income losses caused by the action of civil authority that prohibits access to the described premises due to direct physical loss of or damage to property, other than the described premises, caused by or resulting from a Covered Cause of Loss.
Features
'Prejudice'
It is fairly well established in many courts across the United States that "late notice" of a claim under an occurrence-based commercial general liability ("CGL") policy presents a problem for insureds only when it "actually" and "substantially prejudices" an insurer. In light of that standard, insurers appear to face high hurdles if they rely on notice issues to avoid coverage. At the very least, it seems that the question of prejudice is highly factual and thus should be preserved for a jury to decide.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
Trucking and Machine Tool Repos Decline In Q3
The third-quarter results of Nassau Asset Management's NasTrac Quarterly Index ("NQI") show a decline in trucking and machine tool repossessions, as compared with the same quarter last year, while construction and printing equipment repos continued to rise.
Features
Is There a Chinese Import Nightmare Looming from Nonroad Equipment?
Small, spark-ignited nonroad engines from China are the latest imports that run afoul of U.S. standards, as many do not meet the requirements of the Clean Air Act.
Features
Movers & Shakers
Who's doing what; who's going where.
Features
Advance Conflict Waivers
Let me try to explain the rules governing Advance Conflict Waivers by asking, and then answering, five questions.
Features
Profitability Analysis: The First Steps
If your firm has a number of legal departments, how does one determine the profitability (or economic contribution) of each? Delving further into a specific department, how do you measure the profitability of a practice area?
Features
Corporate Disclosure: The Twitter Effect
In May, the New York Stock Exchange implemented new rules allowing for the use of corporate Web sites as a primary vehicle for disseminating material company information.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- How Secure Is the AI System Your Law Firm Is Using?What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.Read More ›
- Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary SupportThe International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.Read More ›
- Authentic Communications Today Increase Success for Value-Driven ClientsAs the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.Read More ›
- The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business AlliesPractical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.Read More ›
- The Binding Effect of Plea Agreements In White Collar CrimesFederal plea agreements sometimes state explicitly that they are limited to that one office and do not bind other U.S. attorney's offices. In this article, we discuss the circuit courts' competing approaches to interpreting the binding effect of plea agreements and the Department of Justice policy.Read More ›