FIA and ISDA Publishes Documentation for Cleared Swaps in an effort to add structure to OTC market pending full implementation of Dodd-Frank Act and similar regulation in foreign jurisdictions. In anticipation of the clearing requirements in Dodd-Frank, each of the major clearing houses published proprietary agreements with the intent to best fit OTC swaps clearing…

Concerns Facing the OTC Derivatives Market in the Absence of a Workable Regulatory Structure The delay of Title VII rulemaking in the Dodd-Frank Act, arguably one of the largest pieces of financial legislation to come out of Congress since the Great Depression, is concerning to those involved in all aspects of the OTC market. On…

A Dodd-Frank Overview According to the U.S. Securities and Exchange Commission (SEC), “Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) addresses the gap in U.S. financial regulation of OTC swaps by providing a comprehensive framework for the regulation of the OTC swaps markets.” Dodd-Frank goes into effect July 16, 2011 (360 days after it…

The evolution of alternative fee arrangements and value billing. In 1904, George Heber Smith, a recent Harvard Law School graduate, became the head of the Legal Aid Society in Boston. Smith found the lawyers working there overwhelmed with work for the Society’s indigent client base and sought to devise a method to improve the efficiency…

The inclination when looking for a lawyer is always to start with big firms.  They are well-established in most cities, and connote a certain amount of prestige.  There is also still some truth in that big firms recruit the best and brightest from law schools, and thus produce better work product for you. There are…

The Patient Protection and Affordable Care of Act of 2010 created a new form of organization called Accountable Care Organizations (“ACOs”). In late March, 2011 CMS issued a Proposed Rule addressing a variety of issues relating to the formation and operation of these ACOs. This white paper addresses some of the more important legal ramifications…

The traditional top-tier law firm model is based on a business structure of years gone by. Consequently law firms are operating inefficiently and in an antiquated fashion. This leads to under-served clients and a high rate of dissatisfaction among top-tier lawyers. There is a better way. By modernizing the law firm business model, and thus…

By a unanimous decision, the Supreme Court rejected Microsoft’s argument and affirmed the Federal Circuit’s strong presumption of proof that granted U.S. patents are valid. On June 9, 2011, the U.S. Supreme Court affirmed the Federal Circuit’s judgment, which had affirmed the district court’s judgment that awarded i4i $240 million for Microsoft’s infringement of U.S.…

Recent moves into Israel by companies from the Silicon Valley are a reminder that there are still many untapped opportunities for economic cooperation between two of the world’s foremost centers of high technology.  Innovative business cultures and common values make Israel and the Silicon Valley natural partners in the world of high-tech and venture capital.…

In Part I, I outlined actions (1) – (5) that can be taken by a business after receiving such a patent infringement notice. Eventually, you will likely need to form an internal team and an external team.  This might prove to be the most important action. The internal team should start forming immediately after receiving…