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House Weighs Regulation Of Hedge And Private Equity Fund Advisers

Updates On House Hearings On Registration Of Hedge and Private Equity Funds Rep. Paul Kanjorski (D-PA), Chairman of the House Financial Services Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises, recently introduced a discussion draft of the Private Fund...

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Electronic Discovery Counsel: Providing Litigation Support, Helping Clients, Training Staff And Seeking Policy Solutions

Editor: Tell us about your role at Day Pitney and your staff. Courtney : I am in the firm's commercial litigation department and practice as electronic discovery counsel to the firm. We practice in five states, and I support all litigators across the firm. In addition, I oversee the litigation...

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Investment Management Compliance Update: Placement Agents Under Fire

In early August, the Securities and Exchange Commission (the "SEC") issued a proposed rule that would prohibit an investment adviser, and certain of its executives and employees, from paying a third party, such as a solicitor or placement agent, to solicit a government client on behalf of the...

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The Fraud Factor - Intent To Deceive Is Required For A Finding Of Fraud The Federal Circuit Defines The Standard For Finding Fraud In Obtaining And Maintaining U.S. Trademark Registrations

The United States Court of Appeals for the Federal Circuit rejected the Trademark Trial and Appeal Board's (TTAB) "known or should have known" standard on August 31, confirming that a finding of fraud requires clear and convincing evidence of an intent to deceive. See In re Bose Corp. , No. 2008-...

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Federal Circuit Closely Scrutinizes Inequitable Conduct Charges

Patent cases frequently include claims that the patentee hid material information from the Patent Office in an attempt to secure issuance of the patent. If proven, inequitable conduct can be a powerful defense, rendering the patent unenforceable. Yet the frequency with which such charges have been...

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Implications Of The Employee Free Choice Act

Editor: How will the Employee Free Choice Act in its present draft form, if passed, affect your practice as a labor and employment attorney? Goldberg: The Act as it is drafted obviously would make it very difficult for companies to fight unionization efforts. We are focusing on providing clients...

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Department Of Energy Outlines Funding For Energy-Efficiency Efforts

On June 30, 2009, the Department of Energy ("DOE") announced funding to foster the development of energy efficiency in commercial buildings and in new and remodeled homes. The funding also would develop the U.S. energy efficient lighting industry. This announcement should be of direct interest to...

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