August / September

Showing 17–32 of 437 results

  • Patentee falls short on proving willful infringement

    August / September 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 414

    Abstract: The U.S. judicial system acknowledges that patent infringement is bad — and willful patent infringement is even worse. So much so that a finding of willful infringement allows a court to increase damages up to three times the amount assessed by the jury. This article reviews a case in which a patentee discovered that willfulness isn’t easy to prove. Bayer Healthcare LLC v. Baxalta Inc., No. 2019-2418 (Fed. Cir. March 1, 2021).

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  • Can you hear us now? SCOTUS says app developers needn’t reinvent the wheel

    August / September 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 674

    Abstract: After more than a decade of litigation, the U.S. Supreme Court has resolved a dispute between tech giants in a way that has software developers breathing a sigh of relief. The Court held that the copyright doctrine of fair use permits developers to continue to build off of the work of others in many cases without fear of infringement liability — which, in this case, could have meant billions of dollars in damages. This article summarizes the Court’s broad reading of fair use in the application programming interface context. Google LLC v. Oracle America, Inc., No. 18-956 (U.S. April 5, 2021).

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  • Functional color scheme isn’t protected trade dress

    August / September 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 517

    Abstract: A product’s trade dress — the design and shape of the product or its packaging — isn’t subject to trademark protection if it is deemed functional. The word “functional” may conjure visions of parts and components, but courts can find a product’s color functional, too. This short article reviews a case involving dental products that involved just this question. Sulzer Mixpac AG v. A&N Trading Co., No. 19-2951 (2d Cir. Feb. 18, 2021)

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  • Don’t copy that – Lack of implied license results in copyright infringement

    August / September 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 870

    Abstract: The Internet continues to generate new twists and issues in copyright law, forcing courts to apply traditional legal concepts to technologies not contemplated when the Copyright Act was enacted. In one recent case, the U.S. Court of Appeals for the Eleventh Circuit considered whether the publication of material on a blog or “really simple syndication” (RSS) feed granted an implied license to use the material. This article reviews why the court found that the plaintiff’s conduct didn’t constitute consent to an implied license. A brief sidebar summarizes why the court refused to reverse the jury’s rejection of the defendant’s fair use defense. MidlevelU, Inc. v. ACI Information Group, No. 20-10856 (11th Cir. March 3, 2021); Latimer v. Roaring Toyz, Inc. (2010).

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  • Estate Planning Pitfall – You haven’t created a road map for your estate plan

    August / September 2020
    Newsletter: Insight on Estate Planning

    Price: $225.00, Subscriber Price: $157.50

    Word count: 297

    Abstract: Creating documents for an estate plan, such as a will, trusts and a power of attorney, can be time consuming. While these documents are essential for the plan, it’s beneficial for surviving family members to have a “road map” to navigate the aftermath. This brief article explains what to include in the road map document.

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  • Breathe new life into a “broken” trust by decanting it

    August / September 2020
    Newsletter: Insight on Estate Planning

    Price: $225.00, Subscriber Price: $157.50

    Word count: 587

    Abstract: Building flexibility into one’s estate plan using various strategies is generally advised. The reason is that life circumstances change over time, specifically changing tax laws and family circumstances. This is especially true during the COVID-19 pandemic. One such strategy to consider is decanting a trust. This article explains what it means to “decant” a trust.

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  • The CARES Act creates charitable tax incentives

    August / September 2020
    Newsletter: Insight on Estate Planning

    Price: $225.00, Subscriber Price: $157.50

    Word count: 643

    Abstract: Many individuals incorporate charitable giving into their estate plans, providing assistance to their favorite charities while preserving sufficient assets for their heirs. Typically, the charitable donations are structured to maximize the tax benefits on the books. The Coronavirus Aid, Relief and Economic Security (CARES) Act increases those tax incentives. This article details how taxpayers can realize tax savings from charitable donations under the CARES Act.

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  • The CARES Act – Recent tax law changes may affect your estate plan

    August / September 2020
    Newsletter: Insight on Estate Planning

    Price: $225.00, Subscriber Price: $157.50

    Word count: 953

    Abstract: The Coronavirus Aid, Relief and Economic Security (CARES) Act is designed to provide tax relief to individuals and businesses struggling to make ends meet due to the COVID-19 pandemic. But this law may also have a long-reaching impact on one’s estate plan. This article explains several provisions of the CARES Act that may affect participants in qualified retirement plans. A brief sidebar details the options for those who take early required minimum distributions.

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  • News for Nonprofits – Redirecting donations alienates donors

    August / September 2020
    Newsletter: Nonprofit Agendas

    Price: $225.00, Subscriber Price: $157.50

    Word count: 420

    Abstract: This issue’s “News for Nonprofits” spotlights how donors are irked when their donations are directed to nonprofit projects different from what they’d intended. Also highlighted are the OMB’s guidance for managing grants during the COVID-19 crisis and the lack of a formal diversity strategy at many organizations.

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  • It’s time to really pay attention – The COVID-19 era makes board financial oversight more important than ever

    August / September 2020
    Newsletter: Nonprofit Agendas

    Price: $225.00, Subscriber Price: $157.50

    Word count: 636

    Abstract: The board of directors plays a special role in ensuring that a nonprofit organization stays financially on track. This responsibility is magnified in the shadow of the COVID-19 crisis, which has often pushed donations and other revenue down while upping the need for services. This article zooms in on budget revelations, communication with donors, board authority and more.

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  • Are you covered? Potential insurance relief for COVID-19 losses

    August / September 2020
    Newsletter: Nonprofit Agendas

    Price: $225.00, Subscriber Price: $157.50

    Word count: 571

    Abstract: The COVID-19 crisis and its economic fallout have many organizations hunting desperately for financial relief. It’s worth reviewing a nonprofit’s insurance policy portfolio to determine if it qualifies for coverage for some of its COVID-19-related losses and exposures. This article discusses business interruption, general liability and workers’ compensation insurance coverage.

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  • COVID-19’s impact – 3 critical steps when canceling events

    August / September 2020
    Newsletter: Nonprofit Agendas

    Price: $225.00, Subscriber Price: $157.50

    Word count: 856

    Abstract: Canceling an important event is a dramatic measure that can have significant effects on an organization going forward, particularly when the events are major revenue generators. Whether those effects are largely positive or negative depends on how the nonprofit handles the cancellation. This article outlines some best practices. A sidebar considers alternative fundraising options, such as holding a virtual version of a planned event.

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  • Evaluate your borrowers in the aftermath of a cyberattack

    August / September 2020
    Newsletter: Commercial Lending Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 401

    Abstract: When lending to a business that has just suffered a cyberattack, a lender needs to evaluate the extent of the attack, how the borrower responded and the implications for the business’s long-term health. This article lists some ways a lender can get a sense of the scope and severity of an attack. It also points out that lenders need to ensure they are lending to businesses with the appropriate security in place to prevent and detect subsequent attacks.

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  • Code red! Recognize the symptoms of financial distress

    August / September 2020
    Newsletter: Commercial Lending Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 656

    Abstract: Many businesses are still reeling from the economic downturn triggered by the COVID-19 pandemic. Lenders need to distinguish those businesses whose financial troubles are temporary from those whose operations signal insolvency or other serious problems. This article offers a refresher on the typical warning signs of a borrower’s financial distress, including problems with working capital, credit lines and collateral values.

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  • What are the best analytic tools in a down economy?

    August / September 2020
    Newsletter: Commercial Lending Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 641

    Abstract: In an uncertain economy, lenders need to use all possible methods available to help analyze and evaluate potential and current borrowers’ financial health going forward. This article highlights two useful approaches to add to the mix: breakeven analysis and burn rate. These techniques can help lenders determine how stable and likely to prosper their borrowers are.

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  • Turning on a dime – How to evaluate borrowers pivoting due to COVID-19

    August / September 2020
    Newsletter: Commercial Lending Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 845

    Abstract: As a result of the COVID-19 pandemic and the ensuing relief legislation, including the Coronavirus Aid, Relief, and Economic Security (CARES) Act, many businesses have pivoted to reposition themselves and take advantage of new opportunities and directions to pursue. This article notes that lenders will have to pivot as well and offers suggestions on how they can evaluate borrowers’ pivot strategies to ensure that loans to these borrowers remain profitable. A sidebar suggests some ways lenders can help their borrowers rebuild financial strength.

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