Legal Research

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International Banking
Wednesday, January 13, 2010
By Kathleen A. Scott

" Kathleen A. Scott, counsel at Arnold & Porter, discusses the "Wall Street Reform and Consumer Protection Act," recently passed by the U.S. House of Representatives, and some of the systemic risk provisions of the bill that could affect the U.S. operations of non-U.S. banks."

Intellectual Property Litigation
Wednesday, January 13, 2010
By Lewis R. Clayton

" Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, reviews recent developments of interest, including the latest on the Google Books settlement, two cases where the Federal Circuit issued the extraordinary writ of mandamus to direct the federal district court for the Eastern District of Texas to transfer patent cases to other jurisdictions, a Second Circuit opinion that clarifies the analysis under the federal dilution statute and strengthens the hand of owners of famous marks who assert dilution claims, and more. "

OUTSIDE COUNSEL:

Assessing Impact of 'Bose' on Fraud Standard in Trademark Practice
Wednesday, January 13, 2010
By David A. Kalow and Milton Springut

"David A. Kalow and Milton Springut, partners at Kalow & Springut, analyze the impact of and the issues left unresolved by In re Bose Corp., where the Federal Circuit rejected the six-year-old standard for showing fraud on the Patent and Trademark Office in obtaining trademark registrations - 'should have known' of the falsity. That standard, according to the Federal Circuit, constituted mere negligence, where fraud requires a showing of 'subjective intent to deceive.' But while Bose raised the standard for proving fraud in TTAB proceedings, that has not and will not put an end to allegations of fraud."

REAL ESTATE TRENDS:

Free With Registration: New Law Will Create Delay, Additional Costs for Lenders
Wednesday, January 13, 2010
By Bruce J. Bergman

" Bruce J. Bergman, a partner with Berkman, Henoch, Peterson & Peddy, P.C., writes that the unprecedented new foreclosure requirements in New York will impose considerable delay upon the already overly extended mortgage foreclosure process, which is longer than almost any other state and often measured in years. But while a borrower losing a claim to surplus because accrual of debt during a long foreclosure caused the excess to evaporate, or a borrower's becoming personally liable for a significant deficiency would doubtless be lamented by all, there is far less sympathy for lenders which will incur ever greater losses as foreclosures are delayed, impeded and made more expensive through legal impositions."