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Implications of Kirtsaeng for the Future Protection of U.S. Patents

Copyright Protection and the “First-Sale” Exception In 1997 Supap Kirtsaeng, a citizen of Thailand, moved to the United States to study mathematics at Cornell University. He paid for his education with the help of a Thai Government scholarship which required him to teach in Thailand for ten years on his return. Kirtsaeng successfully completed his undergraduate courses at Cornell, successfully completed a P ...

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Methodology

Will Your Methodology be up to Snuff? Beyond Frye and Daubert (Part IV of VII) The methodology employed by the expert is a critical factor determining the admissibility of the testimony. Frye, Daubert, and Kumho provide guidance regarding the admissibility of the testimony. In this article, the author discusses these and recent cases, including: Manpower, Inc. v. Insurance Company of the State of Pennsylvan ...

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Are You Ready to Serve as an Expert Witness?

The Question of Admissibility (Part III of VII) Are you ready to serve as an expert witness? Your training and experience are critical factors establishing your qualifications, but not a license to testify on matters beyond your scope of expertise. In this article, the author shares her experience evaluating your admissibility as an expert. ...

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Discount Rates

The Present Value of Future Lost Profits, and the Time Value of Money Experts estimating the present value of a business’ future lost profits have much less direction from the courts than their counterparts estimating the present value of a person’s lost earning capacity. Professional literature has attempted to fill this gap providing many articles discussing the differing methods for analyzing lost profit ...

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Dissenting Shareholder Appraisal Rights and Shareholder Oppression Claims

Similarities and Differences in Securities Valuation Over the past three decades, the number of both dissenting shareholder appraisal rights claims and shareholder oppression claims have increased significantly. This increase has created a demand for forensic-related business and security valuation services. Valuation analysts are not legal counsel, of course. However, valuation analysts who practice in thi ...

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Commercial Real Estate, Chapter 11 Bankruptcy

Cram Down Interest Rates (Part I of II) In this two-part series the author provides an overview of the issues confronted by courts and financial experts involved in a commercial real estate (CRE) bankruptcy. In this first part, the author discusses how a financial expert may go about to determine the appropriate interest rate for the underlying claims and analyze the CRE market. In the second part of this s ...

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Dissecting the Medical Practice Revenue Stream—Part 2

Four things valuators should know about medical claims and coding In this second installment of his review of medical claims coding, Mr. Moffatt sets forth his final two examples that explain the unique circumstances of the medical practice revenue cycle that affect cash flow and how they relate to the valuation of a medical practice. Part 1 of this article was published on March 4, 2014. ...

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Tax Court Analysis of 2703 Issues Instructive to Planning for Valuation Discounts

Fractional interest discounts allowed In Estate of Elkins v. Commissioner, the U.S. Tax Court sides with petitioners holding they were entitled to a ten percent discount from pro rata fair market value with respect to a decedent’s interest in various works of art.  In Fancher v. Prudhome, the Louisiana Court of Appeals upholds a trial court’s determination that using the Income Approach to value a withdrawi ...

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A Federal Appeals Court is Scheduled to Hear Arguments Today Over When Software is Patentable —Wall Street Journal, Seeking Alpha

"It's a Huge Case for the Patent-Law Community." On One Side: Google, Facebook, Intuit.  On the Other? IBM. "Because the patents are often unclear, there's no way to know whether an infringement claim by a competitor or a troll is legitimate until you've spent $8 million in litigation fees," said Mr. Schruers Ashby Jones in the Wall Street Journal  reports this morning that a federal appeals court in Washin ...

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Has Governmental Anti-Kickback Statute Enforcement Kicked Back Royalty Rates?

Royalty Rates in the Life Sciences are Under Increased Scrutiny. But Has That Caused Rates to Decline? Several medical manufacturers were accused of violating federal kickback statutes. Federal enforcement prompted many companies in the industry to review and revise the terms under which they collaborate with and pay healthcare professionals for contributions of time, know-how, and intellectual property. Ed ...

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Get Your Cash Faster: 7 Shrewd Tips —Inc.com

Cash Flow is the Most Important Financial Item for a Small Business Owners to Pay Attention To. Here's How to Speed it Up.   Cash flow--how cash flows through your organization from sale to invoice to receipt--is the lifeblood of a small company, writes Eric V. Holtzclaw at Inc.com.  And speeding up your cash flow allows you to do more and gives your company more stability.  Here are seven tips:   ...

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5 Must-Ask Questions for Business Buyers —Inc.com

Many Business Buyers Probably Have Some Boilerplate Questions Ready to Ask Business Sellers — But May be Missing the Most Important Ones.   Mike Handelsman, group general manager for BizBuySell.com and BizQuest.com, the Internet's largest and most heavily trafficked business-for-sale marketplaces, recently advised readers at Inc.com that if they're thinking about buying a business, they should put extra eff ...

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Seth Godin: Why Small Businesses Fail—Inc.com

On Marketing Mistakes Generally, Bad Marketing Messages in Particular, Social Networking, and More Geoffrey James at Inc.com writes: "A few months ago, I traded emails with best-selling author Seth Godin on the subject of marketing inside small businesses. The more I read over the interview, the more I realize that his advice is priceless."  Here's an excerpt of the interview.  Read the whole piece for the ...

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12 Great Motivational Quotes for 2013 —Inc.com

Jewels from Seth Godin, Harvey Mackay, Tony Robbins, Dale Carnegie, Napoleon Hill, and Others on Success, Vision, Health, and More  This set of inspirational thoughts for the new year will galvanize you into action.  "At the start of every year," writes Geoffrey James, Sales Source columnist at Inc.com, "I create a list of quotes to guide and inspire me for the next 12 months. Here are the quotes I've selec ...

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BlackBerry 10: Five Questions CIOs Should Ask —WSJ CIO Journal

Considering Technology, Integration, and the Future Clint Boulton at the WSJ CIO Journal reports:  Research in Motion Ltd. Wednesday [tomorrow] is introducing two smartphones based on its new BlackBerry 10 operating system software, giving CIOs yet another platform to consider supporting at a time when consumers are bringing in their own smartphones to use at work. CIOs are skeptical about the uncertainty s ...

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Afraid of Being Sued? 4 Ways to Keep Lawyers at Bay —Inc.com

Here are four surprising ways to protect yourself in a law suit and keep legal fees to a minimum. Kevin Daum at Inc. advises:  "Shakespeare said, "First kill all the lawyers." Maybe this seems a tad aggressive, but then again, for most people the last thing you look forward to is someone showing up at your door with a subpoena. Whether a lawsuit is business related or personal, the thought of engaging an at ...

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Proposed CFPB Rule Requires Lenders to Provide Free Appraisal Reports

New Rule Intended to Help Inform Mortgage Applicants of How Value Is Determined  The Consumer Financial Protection Bureau (CFPB) released Wednesday a new proposed rule that would require mortgage lenders to provide home loan applicants with appraisal reports to determine how the value of a property was determined, reports Tory Barringer at DS News, an outlet that focuses on the mortgage default servicing in ...

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Lessons from a Dying Business

Lessons from a Dying Business   Redbox has built a successful DVD kiosk business, but its days are numbered. Here's why that's not such a bad thing, report Karl Stark and Bill Stewart at Inc.com.  You’re probably familiar with Redbox, owner of those DVD-rental kiosks that you see parked outside of just about every neighborhood grocery store or pharmacy. Redbox is an excellent example of how to create growth ...

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