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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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3 financial lessons from the pandemic
Spring 2021
Newsletter: Management & Tax Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 517
Abstract: COVID-19’s rapid spread and the economic havoc that followed are vivid reminders of how unpredictable and volatile the broad economy — and each family’s personal finances — can be. This article discusses three financial lessons to be learned from the pandemic.
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Business method patent surprisingly survives judicial scrutiny
June / July 2017
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 517
Abstract: A recent Federal Circuit Court ruling on business method patents for software may provide new hope for patent holders. This article explains why modifications to the functioning of a known system typically produce patent-ineligible inventions — and why the patented method and system under review in this case were treated differently. Trading Technologies Int’l, Inc. v. CQG, Inc., No. 2016-1616, Jan. 18, 2017 (Fed. Cir.)
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Need a financial backup plan? Why you should consider a SLAT
November / December 2015
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 517
Abstract: Perhaps the most effective estate-planning strategies involve the use of irrevocable trusts. If a marriage is strong, a spousal lifetime access trust (SLAT) allows the husband or wife to obtain the benefits of an irrevocable trust while creating a financial backup plan. This article notes that a SLAT is simply an irrevocable trust — which may be an irrevocable life insurance trust (ILIT) — that authorizes the trustee to make distributions to one’s spouse if a need arises. Like other irrevocable trusts, a SLAT can be designed to benefit children, grandchildren or future generations.
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DOJ clarifies successor liability for FCPA violations
August / September 2015
Newsletter: Public Company Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 517
Abstract: In a recent opinion release, the U.S. Department of Justice (DOJ) provided guidance on a company’s potential successor liability for an acquisition target’s violations of the Foreign Corrupt Practices Act (FCPA). The opinion clarifies that acquisitions don’t “create liability where none existed before.” In other words, an acquirer isn’t liable for a target’s corrupt acts if the target wasn’t subject to U.S. jurisdiction when they occurred. This article explains the ins and outs of the opinion release.
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Spotting deception in fraud interviews
July / August 2011
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 517
Abstract: Even employees innocent of occupational theft may be less than honest during fraud interviews. Fortunately, experienced fraud investigators are skilled at spotting deception in perpetrators and bystanders alike. This article describes how investigators discern the verbal and nonverbal cues that can indicate who may know of fraud — whether committed by themselves or someone else.
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Romano v. Steelcase – How “private” are social network posts?
May / June 2011
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 517
Abstract: Social networking sites such as Facebook and MySpace have become a rich source of evidence for attorneys. This article discusses one case in which a woman’s public Facebook and MySpace pages suggested that her disability claim might be fraudulent. The employer sought access to her private pages, which they believed might strengthen their case. The court addressed the plaintiff’s claims of an expectation of privacy.
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Ask the Advisor – What are short sales, and why are they so popular?
July / August 2009
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 517
Abstract: Short sales are a form of preforeclosure where a home sells for less than the mortgage amount. A homeowner facing foreclosure may benefit from a short sale because it reflects more favorably on the owner’s credit report than does a foreclosure. When the numbers are right, banks also benefit from short sales, because they avoid the hassle and expense of foreclosure. A real estate investor purchasing through a short sale wins too, because it’s getting a home at a discounted price. But getting one isn’t a given; there are requirements that must be met, and steps that investors should take to improve their success in negotiations.
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Outcomes-based evaluation puts the proof in the pudding
Spring 2009
Newsletter: Profitable Solutions for Nonprofits
Price: $225.00, Subscriber Price: $157.50
Word count: 517
Abstract: In the world of real estate, the mantra is location, location, location. In the world of nonprofits and the entities that fund them, the mantra is results, results, results. Funders want to know that their funds are being spent responsibly and you’re accomplishing — at least working to accomplish — what you said you would.
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An inconvenient truth about inventory
July / August 2008
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 517
Abstract: Inventory has long been a favorite target among fraudsters. The Great Salad Oil Swindle of 1963, for example, forced 16 investors and lenders — including a finance subsidiary of American Express and two Wall Street brokerage firms — into bankruptcy. Here is how you can learn from history.