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March 06, 2006 | National Law Journal

Detour around absolute-priority rule is closed off

The 3d U.S. Circuit has ruled that shareholders, who rank below all creditors entitled to payment from a debtor, cannot share in the bankruptcy estate distributions on account of prepetition interests when other, more senior creditors are not fully compensated.
15 minute read
November 16, 2010 | Texas Lawyer

Prosecution Delay Makes Patent Unenforceable Only When There Is Prejudice

The U.S. Court of Appeals for the Federal Circuit has ruled that an applicant's lengthy delay in prosecuting a patent makes the patent unenforceable only if there is prejudice to other parties. Nicolas Barzoukas (pictured), a Houston partner in Weil, Gotshal & Manges who represents Cancer Research and Schering Corp., said that the majority opinion and his clients hold that there really shouldn't be any difference between prosecution laches in the patent arena and the general application of laches.
5 minute read
March 06, 2006 | National Law Journal

Recent 'Yahoo!' Ruling

American litigators should scrutinize the personal jurisdiction and ripeness issues that the 9th Circuit�s denial of Yahoo! Inc.'s request for a declaratory judgment on the unenforceability of potential penalties under French court orders raises. The potential First Amendment implications and chilling of Internet usage are significant.
9 minute read
March 14, 2005 | National Law Journal

Privilege Under Fire

Do you sincerely want to be rich? was Bernie Cornfeld's signature question. It's a serious question, the answer to which depends on what sacrifices of other values are packed into the word sincerely.
8 minute read
The Global Lawyer: Kindergarten Lessons from Chevron in Ecuador
Publication Date: 2013-03-20
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Eleven lessons from the world's biggest case--in 11 words or less.

Law Journal Press | Digital Book New York Family Law 2014 Authors: New York Journal View this Book

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November 18, 2010 | Corporate Counsel

Federal Circuit: Prosecution Delay Makes Patent Unenforceable Only When There is Prejudice

The ruling in Cancer Research Technology Ltd. v. Barr Laboratories Inc. reverses a January District of Delaware decision.
5 minute read
August 11, 2003 | Law.com

Measuring High Court's Momentum

In the term just ended, the U.S. Supreme Court both led and followed the nation, due in part to defining affirmative action and gay rights decisions likely to have legal, political and social repercussions for years to come. But the seeds of both rulings were sown in prior decisions by their two chief authors as well as in other Court precedents. And those two rulings do not necessarily signal a change in direction so much as a move forward.
18 minute read
April 17, 2001 | Law.com

High on the Hog

He may be a leather-clad biker, but Morrison & Foerster partner Charlie Kennedy isn't some backwater, flag-waving, scruffy-haired outlaw. Just consider that he studied Nietzsche in college, reads up on artificial intelligence for fun, and is as comfortable discussing the literary merits of "Zen and the Art of Motorcycle Maintenance," as he is deconstructing the landmark Telecommunications Act of 1996.
9 minute read
November 29, 2004 | Daily Report Online

Bernes TrumpsBig-SpendingRival, CarriesMetro Area

10 minute read
March 29, 2012 | New York Law Journal

Fate of Health Care Law Seems Uncertain as Arguments Close

The question of severability - what happens to the rest of the law if the mandate is struck down - appeared to divide the justices along ideological lines just as the question of the constitutionality of the minimum coverage requirement did on Tuesday.
7 minute read

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