Legal Research

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Domestic Banking
Wednesday, August 19, 2009
By Clyde Mitchell

" Clyde Mitchell, adjunct professor of banking law at Fordham Law School and a former partner at White & Case, writes: 'While most observers agree that the basic causes of our crisis - no effective policy to deal with systemic risk, inadequate supervision of large financial institutions, no effective regulation of mortgage brokers and other non banking entities, and inadequate consumer protection - need to be addressed and fixed, a number of them, including the author, are concerned that the current thrust and direction of the restructuring needs to be changed., "

OUTSIDE COUNSEL:

Fraud Doctrine on Trademark Applications Remains Minefield
Wednesday, August 19, 2009
By David A. Kalow and Milton Springut

"David A. Kalow and Milton Springut, partners at Kalow & Springut, write that while Medinol Ltd. v. Neuro Vasx, Inc. remains good law, recent opinions from the Trademark Trial and Appeal Board show that the application of the fraud doctrine is not boundless. Nevertheless, Medinol can have a devastating affect on registrations. A registrant who inadvertently allows extra goods in the same class to be listed in a Statement of Use in an application or in a renewal risks losing the registration, at least as to an entire class of goods."

REAL ESTATE TRENDS:

 Rising Tides-Changing Title: Court to Mull Takings Issue
Wednesday, August 19, 2009
By John Nolon

 "John R. Nolon, professor of law at Pace University School of Law, counsel to its land Use Law Center and a visiting professor at the Yale School of Forestry and Environmental Studies, reviews Walton County v. Stop the Beach Renourishment, Inc., in which the Supreme Court has granted certiorari. The Florida case raises novel questions about coastal erosion due to storm events, the prospect of sea level rise, and the definition of constitutionally protected property rights of beachfront property owners."