Legal Research

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Free With Registration: Intellectual Property Litigation
Wednesday, January 14, 2009
By Lewis R. Clayton

" Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes: By some accounts, the nation's patent litigation capital is Marshall, Texas, a small town not far from the Louisiana border that is home to one of the courthouses of the U.S. District Court for the Eastern District of Texas. However, that court's patent docket may shrink substantially because of two recent U.S. Court of Appeals opinions, one by the Fifth Circuit, and another by the Federal Circuit."

International Banking
Wednesday, January 14, 2009
By Kathleen A. Scott

" Kathleen A. Scott, counsel at Arnold & Porter, reviews the Basel Committee on Banking Supervision's "comprehensive strategy" to address weaknesses related to the regulation, supervision and risk management of internationally active banks, along with guidance released in furtherance of that strategy on fair value measurement systems and processes, external audits and stress-testing programs at banks. "

OUTSIDE COUNSEL:

Madoff Victims Who Paid Taxes On Scheme Income Seek Refunds
Wednesday, January 14, 2009
By Stephen M. Breitstone

" Stephen M. Breitstone, a partner at Meltzer, Lippe, Goldstein & Breitstone, writes: As the repercussions from Madoff's Ponzi scheme become clearer, it is certainly possible that the IRS will issue guidance for those affected by the fraud. Hopefully, the guidance, if issued, will be on a basis that provides meaningful relief to Madoff victims. Meaningful relief does not mean merely allowing theft loss deductions at the end of the bankruptcy for phony income that was previously taxed. That type of relief would be of little benefit since many Madoff victims have limited ability to benefit from such losses. Instead, the IRS should devise some method of returning the tax windfall it has unwittingly received on the backs of the defrauded Madoff victims."

REAL ESTATE TRENDS:

UCC Foreclosure
Wednesday, January 14, 2009
By Mitchell L. Berg and Harris B. Freidus

"Mitchell L. Berg and Harris B. Freidus, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that while Article 9 provides many benefits to a mezzanine lender foreclosing upon its collateral, Article 9 also offers the mezzanine borrower significant protections against a mezzanine lender's noncompliance with the requirements of Article 9. By understanding the various rights and remedies afforded to it under Article 9, they say, a mezzanine borrower will be better prepared to protect itself in the event its mezzanine lender declares a default under the mezzanine loan and proceeds with a disposition of its equity interests under Article 9. "