'Redemption Option Value'
April 02, 2015
On Dec. 8, 2014, the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 issued its 2012-2014 Final Report and Recommendations (the Report) proposing numerous changes to Chapter 11 of the Bankruptcy Code. This article focuses on the Commission's proposal to compel senior creditors to pay a mandatory "tax," or so-called "redemption option value" (ROV), to junior stakeholders.
Are Today's Partners The NFL Players Of the 1960s?
April 02, 2015
Despite the shakeups in the legal industry, the exiting of partners, and increased competitiveness, can we say that law firm partners are using all the tools that might make them fully developed? Or will we look back at most firms of today and conclude that the star players were like the NFL players of yesteryear?
Federal Circuit Refuses to Review the PTAB's Decision to Institute IPR
April 02, 2015
In its first-ever ruling in an appeal from a final decision in an <i>inter partes</i> review (IPR) under the America Invents Act, the Federal Circuit affirmed the PTAB's rulemaking for conducting IPR proceedings. The Federal Circuit's decision leaves in place IPR rules that increase the likelihood of invalidating patents and solidifies IPR as an attractive alternative to district court litigation.
Leasing Opportunities in Mexico
April 02, 2015
Mexico's equipment financing market is already well-developed by regional standards, and is the second largest in Latin America. The predominant assets financed in Mexico include motor vehicles, information technology (IT) and industrial equipment.
Castle Defense
April 02, 2015
In Part One, last month, the authors examined the Federal Circuit's <i>VirnetX</i> decision affirming lower courts' role as gatekeepers for expert testimony. The discussion continues herein.
Eminent Domain Law
April 02, 2015
Analysis of a ruling in which it was decided that a property was properly valued In combination with neighboring parcel .
Approaching Payment Processors To Fight Counterfeiters Online
April 02, 2015
There are lots of knock-offs of entertainment industry goods that flood the marketplace. You can find them on the street, but more and more shoppers buy them online. And the online purveyors of counterfeit goods can be particularly difficult to thwart. Cease-and-desist letters are fine,DMCA take-down letters are helpful, but if you really want to cause counterfeiters pain and stop them from infringing on intellectual property rights, you need to cut off their lifeline: cash flow.
In Pennsylvania: Product Liability Law Post-<i>Tincher</i>
April 02, 2015
In a sweeping, detailed opinion, the Pennsylvania Supreme Court altered the landscape of Pennsylvania product liability law, reaching back in time to embrace and then update legal principles governing a consumer's burden of proof in recovering for harm caused by a defectively designed product.
<b><i>Sales Speak:</i></b> 'Speed-Reading' Your Clients
April 02, 2015
One characteristic that successful rainmakers share is their ability to quickly establish relationships and close the sale. How do they do it? They have naturally learned how to "speed-read" people. But one need not be a "natural" to be effective in this arena.