Archive for June, 2013

THE LEGAL DESTRUCTION OF UNIONS: A GLIMPSE INTO THE UNITED STATES SUPREME COURT’S NEW “OPT-IN” REQUIREMENT FOR NONMEMBERS: KNOX V. SERVICE EMPLOYEES INTERNATIONAL UNION

MARY O’ROURKE In Knox v. Service Employees International Union, Local 1000, the Supreme Court of the United States held that the First Amendment prohibited a public sector union from requiring nonmembers to pay a special fee to finance the union’s political speech. Justice Alito authored the majority decision, in which […]

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A STRUGGLE FOR CLAIRVOYANCE—SECTION 101 OF THE PATENT ACT AS A GATEKEEPER TO PATENT ELIGIBILITY: MAYO COLLABORATIVE SERV. v. PROMETHEUS LABORATORIES, INC.

 William J. Manolis In Mayo Collaborative Services, et al. v. Prometheus Laboratories, Inc., the United States Supreme Court affirmed the implicit prohibition against patentability contained in § 101 of the Patent Act of 1952 (“the Patent Act”), specifically, that laws of nature, natural phenomena, and abstract ideas are not patentable. […]

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THE SUPREME COURT RULES THAT A SECURED LENDER MUST BE PERMITTED TO CREDIT BID IF ITS COLLATERAL IS SOLD PURSUANT TO A CHAPTER 11 PLAN: RADLAX GATEWAY HOTEL, LLC, ET AL. V. AMALGAMATED BANK.

J. JULIUS BOLOCK In May 2012, the United States Supreme Court cleared up confusion in the United States Circuit Court of Appeals and Bankruptcy Courts as to whether debtors were allowed to sell encumbered assets free and clear of liens without allowing secured lenders to credit-bid to pay for a […]

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SUPERIOR COURT HOLDS ACT 91 NOTICE PUBLISHED BY THE PENNSYLVANIA FINANCE HOUSING AUTHORITY IS DEFECTIVE. BENEFICIAL CONSUMER DISCOUNT CO. V. VUKMAN

DANIEL CONLON-GUTIERREZ In Vukman, the Pennsylvania Superior Court (“Superior Court”) decided that the Act 91 notice, which a lender sent a homeowner in 2006, was defective because it did not inform her of the right to meet with a lender before a foreclosure action, as required by the version of […]

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NOT MUCH TO “LIKE” ABOUT THE FACEBOOK IPO: HOW REGULATION FD CAN HELP FIX THE WANING CONFIDENCE OF THE REASONABLE INVESTOR

JAMES DORING In one of the most anticipated initial public offerings (hereinafter referred to as “IPO”) in recent history, Facebook, Inc. (hereinafter referred to as “Facebook”) officially became a publically traded company by debuting on the NASDAQ stock exchange on May 18, 2012. The IPO raised $16 billion and valued […]

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