Publications
I. Introduction “Monetization” of patents—i.e., making money from a patent or patent portfolio—has evolved from a model that relied solely on traditional direct licensing to include a diverse and exciting array of new modes that can be used to potentially profit from patent assets. Each patent monetization mode has certain advantages and disadvantages. Determining which […]
The Treasury Department recently issued final regulations under Code Section 4980H, which sets forth the shared responsibility (or “employer mandate”) provisions of the Affordable Care Act (“ACA”). The final rule contains few surprises, though it does delay application of the mandate for mid-size employers until the beginning of the 2016 plan year. Background The employer […]
In the midst of continuing and highly politicized Congressional inquiries into Internal Revenue Service scrutiny of political activities of Code §501(c)(4) tax-exempt social welfare organization, the Treasury Department has released a proposed regulation defining what constitutes “candidate-related political activity” and taking the position that the promotion of social welfare does not include this type of […]
© 2014 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. In 2013, reported data […]
Compensation packages for executives of tax-exempt organizations can raise private inurement issues and are also subject to tax regulations governing benefits, including nonqualified deferred compensation, that do not apply to taxable employers. It’s a thorny world out there. Tread carefully. Private InurementSection 501(c)(3) of the Internal Revenue Code provides that a corporation, trust or association […]
Reproduced with permission from BNA’s Patent, Trademark & Copyright Journal, 88 PTCJ 498, 6/13/14. Copyright ©2014 by The Bureau of National Affairs, Inc. More frequently than ever before company executives, company inhouse counsel, as well as outside counsel are asking: What is a patent or patent portfolio worth? Recent years have seen the development of […]
Social media and other electronic forms of communication provide unprecedented opportunities to reach current and potential clients, enhance your reputation, and build your business. But as you venture into these waters, it is important to keep the attorney ethics rules in mind. The speed, informality, and potential for direct connection with clients or potential clients […]
What happens when neither party to an appeal supports the decision of the lower court or when the prevailing party abandons the position it successfully advanced below? In these circumstances, federal appellate courts often appoint independent amicus counsel to get the benefit of an adversarial process on appeal. This situation occured in June in a […]
Most dentists have heard HIPAA mentioned in dental school, during residency training, or in continuing education courses. Yet, unfortunately, not all dentists take HIPAA compliance seriously, relegating it to the bottom of their ever-expanding and never-completed to-do lists. This article briefly summarizes HIPAA's applicability to dentists practicing cosmetic orthodontics and explains why HIPAA compliance should […]
Wait! You, Too? Litigation Brought by Nonsignatories to Franchise Agreements. Originally published in the Franchise Law Journal, Vol. 34, No. 1, Summer 2014. © 2014 by the American Bar Association. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an […]
This is the final part of our review article looking at the developments in the two years since the America Invents Act created new procedures for third parties to challenge the validity of issued patents in a contested validity trial in the U.S. Patent and Trademark Office before its Patent Trial and Appeal Board. Part […]
Those who have had the opportunity to attend a number of Judges Dinners probably have their favorite, although it is likely that we found each to have been enjoyable. Entertainment, of one form or another, has invariably played a role in contributing to this enjoyment over the years. Long before any of us can remember, […]
Under U.S. law, inventors may obtain a patent for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof[.]” Since the Supreme Court’s 1980 decision in Diamond v. Chakrabarty (447 U.S. 303), the U.S. Patent and Trademark Office (USPTO) has expanded the types of patentable subject matter […]
With the honoring of Judge Barbara Jones at the 2013 Judges Dinner fresh in our minds, it may be useful to reflect on another judicial honoree of an earlier era in order to reinforce our awareness of our Association’s long-standing tradition of honoring judges. The honoree at the 1933 Judges Dinner was Hon. Arthur Carter […]
Under the Affordable Care Act (ACA), applicable large employers are required to offer affordable medical coverage to full-time employees and their dependent children, or pay a penalty for failure to do so. This requirement, sometimes called the employer mandate or pay or play, becomes effective for plan years beginning on and after January 1, 2014. […]
This past March, four former Pennsylvania governors drafted a letter urging the state legislature to amend the state’s constitution to replace partisan election of state Supreme Court judges with so-called “merit selection,” whereby a nonpartisan judicial nominating commission recommends a slate of qualified nominees, from which the governor makes an appointment. They argued that “if […]
From time to time over the years, the NYIPLA Board of Directors has contemplated various ways to extend the Association’s reach beyond the existing membership. Illustratively, during the 1991-92 Association year, then-President Peter Saxon requested comment by committee chairs on a Board proposal to admit, as a new class of affiliate or observer members, registered […]
©2013 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Section 5(a)(1) of the Federal […]
Military training in combat life saving can save lives. The men and women who walk outside our forward operating bases in Afghanistan train to save their “battle buddies” if their unit is hit.To view this video, please click
We previously reported on the action commenced by Transocean’s insurers against BP, filed in May 2010, in which Transocean’s insurers challenged BP’s claims as an additional insured under Transocean’s insurance policies. (Insurance Litigation Reporter, Vol. 32, No. 9; Vol. 32, No. 14; Vol. 33, No.1) On November 15, 2011, the U.S. District Court for the […]
A review of the past year’s judicial development in franchise and distribution lawThis book includes extensively researched case law from August 2011 to August 2012. Compiled into an easy-to-use reference, this book will cut timely research out of your day by putting the latest review and analysis on franchise and distribution law at your fingertips.Topics […]
Updating Revision and Editing of Chapter 6, Termination, Nonrenewal and Transfer.
The logo on the first page of each NYIPLA Bulletin attests to the NYIPLA’s birth in 1922. Perhaps you may wonder why it happened then, and not at some earlier or later time. By way of contrast, Chicago’s sister organization, the Intellectual Property Law Association of Chicago, was founded almost four decades sooner in 1884. […]
The question of whether a court may exercise personal jurisdiction over foreign product manufacturers on the basis of introducing goods into the ‘‘stream of commerce” has produced much litigation and confusion since that phrase was introduced in World-Wide Volkswagen Corp. v. Woodson.1 Recently, after two decades of relative silence, the United States Supreme Court attempted […]
The requirement of the Seventh Amendment that “no fact tried by a jury shall be otherwise re-examined” limits what a court can do to reduce a jury’s excessive award of damages. One option, known as a conditional remittitur, is to offer the plaintiff the choice of accepting a reduced damages award in lieu of a […]
This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Most consumer transactions are for small amounts of money.1 Consumers who believe they have been […]
© 2013 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. As appellate courts have […]
You may have noticed that the topic of the recent Presidents’ Forum, “What to do about NPEs: Do We Risk Throwing the Baby Out With the Bath Water,” had a familiar ring about it. The title appears to echo that of a paper by Matthew Dowd that won 1st Prize in our Association’s 2006 Conner […]
© 2013 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Appropriate limits to punitive […]