Insights & Analysis

Intellectual Property Overview

In 1988, Ashton-Tate filed a lawsuit against Fox Software claiming that FoxBase unlawfully mimicked the look and feel of Ashton-Tate’s dBaseIII. In 1991, Phillip Morris took out a full-page ad in the Wall Street Journal that depicted the logos of its brands of cigarettes. Under the logos was a warning: “If you’re using any of […]

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Chapter 11 Summary

A chapter 11 bankruptcy is an extremely potent tool in the hands of the debtor. The filing of the chapter 11 case invokes the automatic stay under 11 U.S.C. §362. This section completely stops all actions on the part of any creditor of the estate to attempt to collect on the debt or to even […]

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Overview of the Bankruptcy Process

In today’s economic climate, basic knowledge of the Code is a valuable tool that every civil litigator and business lawyer should have in his or her toolbox. Bankruptcy is for everyone’s benefit In economist Adam Smith’s book Wealth of Nations, he uses the phrase “invisible hand” metaphorically to demonstrate how each person acting in his […]

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Bankruptcy Can Happen to Anyone

According to the United States Supreme Court, “the primary purpose of bankruptcy is to . . . relieve the honest debtor from the weight of oppressive indebtedness and permit him to start afresh free from the obligations and responsibilities consequent upon business misfortunes.” Williams v. United States Fidelity & Guaranty Co., 236 U.S. 549, 554 […]

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Differences between Litigation, Arbitration and Mediation

Differences between Litigation, Arbitration and Mediation Litigation Litigation is broadly defined as “to carry on a legal contest by judicial process” (Webster’s Ninth New Collegiate Dictionary, p. 698 (Merriam Webster 1988.) The typical process under which disputes are resolved is through a lawsuit, and while every lawsuit will have its own special characteristics, most lawsuits […]

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