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- Business Method Patents Commerce in Digital Goods
- This article brings out details about "business method" patents that are patents relating to the creation and distribution of "digital goods." Digital goods can comprise any product or service that can be turned into bits and bytes. Commerce in digital goods is the quintessence of commerce using the Internet. Although...
- White papers 2003-04-01
- Issues in the Enforceability of Arbitral Awards in International Project Lending
- International project lending for infrastructure generally involves two sets of contracts, the project agreements and other, the financing documents. This paper will discuss some issues affecting the ability of parties to the project agreements to obtain arbitral awards that can later be enforced against the asserts of the losing party....
- White papers 2003-09-23
- The California Supreme Court Recognizes Holdings Claims for Securities Actions
- On April 7, 2003, the California Supreme Court, held that California law authorizes a shareholder who is wrongfully induced to hold stock instead of selling it to bring a common law action for fraud or misrepresentation, if the shareholder can make a bona fide showing of actual reliance upon misrepresentations....
- White papers 2003-01-01
- Is the Complete Bar Dead? The U.S. Supreme Court Tackles Festo
- In the last decade, the United States Court of Appeals for the Federal Circuit and the United States Supreme Court ruled on several cases that greatly affect the applicability of the doctrine of equivalents, a longstanding equitable doctrine utilized in patent infringement lawsuits. The doctrine of equivalents permits a patent...
- White papers 2002-07-08
- SEC Orders Officers of Largest Companies To Certify the Accuracy and Completeness Of Exchange Act Reports
- On June 27, 2002, the Securities and Exchange Commission issued an order requiring the chief executive and chief financial officers of 945 companies personally to make a one-time certification in writing, under oath, and for publication, that their company's most recent reports filed with Commission are both complete and accurate....
- White papers 2002-07-08
- Internet Privacy: Litigation and Legislative Review
- In recent years, the growing use of the Internet has spawned numerous issues. At the forefront is the subject of privacy. One of the biggest controversies involves the practice of "on-line profiling" of Internet users, where personal information is collected based upon the users' Internet activity. Outlined in this article...
- White papers 2003-01-01
- Trying a Convincing Complex Civil Case in Federal Court
- Trying a convincing complex civil case, whether to a judge or jury, and whether on behalf of a plaintiff or defendant, invariably requires efforts by counsel well before the beginning of opening statements. Indeed, particularly in complex cases, most of the work will be done before the trial starts. These...
- White papers 2003-01-01
- The Business Method Patent: The Uproar Rages - Should It?
- It is now almost three years since the United States Court of Appeals for the Federal Circuit decided the State Street case. There, the court sought to lay to rest the "business method" exception to patentability. The decision, however, as has been noted many times, had the opposite effect: more...
- White papers 2003-01-01
- Patent Practitioners Beware: The Federal Circuit Releases a ManiFesto
- The doctrine of equivalents in patent law has come under attack from various directions in recent years. Its broadly worded tests arguably offer little guidance as to patent claim scope and tend to contradict the notice function of patent claims. Thus, the Federal Circuit, in Festo, has tried to draw...
- White papers 2001-03-01
- Final SEC Rules on Electronic Filing and Web Site Posting of Section 16 Reports
- On May 7, 2003, the Securities and Exchange Commission published a release covering required electronic filing and Web site posting of Section 16. While the rule and form amendments were, generally, adopted as proposed, the Commission adopted additional rule amendments to permit Section 16 forms submitted by direct transmission. Section...
- White papers 2003-05-12
- Sarbanes-Oxley Issues for Foreign Private Issuers Considering Listing in or Accessing Public Capital Markets in the United States
- On July 30, 2002, the President signed into law the Sarbanes-Oxley Act of 2002, probably the most sweeping piece of reform legislation covering governance of and disclosures by public corporations in the United States since the 1930's. The purpose of this paper is to discuss some of the more significant...
- White papers 2003-03-20
- Sarbanes-Oxley Issues
- On July 30, 2002, the President signed into law the Sarbanes-Oxley Act of 2002, probably the most sweeping piece of reform legislation covering governance of and disclosures by public corporations in the United States since the 1930's. The purpose of this paper is to discuss some of the more significant...
- White papers 2003-03-20
- Disclosure in Management's Discussion and Analysis about Off-Balance Sheet Arrangements and Aggregate Contractual Obligations
- On January 27, 2003, the Securities and Exchange Commission adopted Securities Act Release, addressing disclosure in Management's Discussion and Analysis, or MD&A, about off balance sheet arrangements and aggregate contractual obligations. For this various amendments were made. The amendments require public companies to provide an explanation of their off-balance sheet...
- White papers 2003-01-30
- SEC Adopts New Rules to Address the Conditions for Use of Non-GAAP Financial Information Under Section 401(b) of Sarbanes-Oxley Act
- On January 22, 2003, the Securities and Exchange Commission issued Securities Act Release. This release adopts new regulation G, amendments to Item 10 of regulation S-K and Item 10 of Regulation S-B, amendments to form 20-F, and amendments to form 8-K. The new regulation and related amendments were adopted to...
- White papers 2003-01-24
- Certification of Disclosures in Quarterly and Annual SEC Filings; New Requirements for Disclosure Controls and Procedures
- The Securities and Exchange Commission released final rules, as directed by Section 302a of the Sarbanes-Oxley Act of 2002, that require an issuer's principal executive and principal financial officer each to certify the financial and other information contained in the issuer's quarterly and annual reports filed with the SEC. In...
- White papers 2002-08-30
- Recent Developments in United States Mergers and Acquisitions Law
- "This paper briefly reviews the current state of the mergers and acquisitions market in the United States, two recent Delaware court decisions of interest in the area of contests for corporate control, a recent decision by the United States Court of Appeals for the Third Circuit addressing disclaimers...
- White papers 2003-09-16
- Intellectual Property Due Diligence: A Must When Assets Are Transferred
- The article is about the acquisition of intellectual property. In today's climate of frequent acquisition and divestiture of assets, it is important that buyers and sellers give appropriate attention to intellectual property IP assets. Despite press coverage highlighting missteps, embarrassing case studies of failed IP due diligence continue to make...
- White papers 2002-08-05
- The New Federal Insurance Program for Terrorist Acts: How It Works and the Open Issues
- Since the terrorist attacks of September 11, 2001, it has become increasingly difficult for businesses and individuals to obtain property and casualty insurance at reasonable rates to protect against future terrorist attacks. The lack of terrorism coverage has hampered the construction and real estate industries in many urban markets. This...
- White papers 2003-02-17
- SEC Final Rules On Management's Reports On Internal Control Over Financial Reporting
- "The Securities and Exchange Commission has covering the final rules under Section 404 of the Sarbanes-Oxley Act on management reports on internal control over financial reporting and certification of periodic reports. Management's internal control report must include a statement of management's responsibility for establishing and maintaining adequate internal control...
- White papers 2003-06-25
- SEC Adopts New Rules Regarding Auditor Independence
- The Securities and Exchange Commission adopted Securities Act Release No. 33-8183 (Securities Exchange Act Release No. 34-47265) adopting amendments to the existing requirements regarding auditor independence. The new rules do the following: Revise existing regulations related to the non-audit services that, if provided to an audit client, would impair an...
- White papers 2003-02-10
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