ABA Section of Business Law
Business Law Today
Volume 6 Number 1
September/October, 1996 Issue
LET THE BATTLE BEGIN!: GOAL OF 96 COMMUNICATION ACT IS TO FOSTER COMPETITION
By R. Clark Wadlow and Rosalind M. Parker
What will the most comprehensive overhaul of communications laws in 60 years -- the Telecommunications Act of 1996 -- mean to the industry? With the goal of the act being to foster competition, the authors discuss three main areas: phones, video and broadcast-station ownership.
RESEARCH OR PIRACY?: COURT BOARDS TEXACO FRIGATE;
CURTAILS COPYING
By Stephen E. Gillen
This is an intellectual property article -- was the copying of a journal article for internal use
fair use? No, a court said in the Texaco decision. The author includes suggestions for meeting
the challenge of this decision -- such as licensing arrangements.
CAN BANKRUPTCY TRUMP AN ESCROW?: A PRIMER ON ENFORCEABILITY
By Patrick E. Mears
The author is discussing the enforceability of escrow agreements in bankruptcy cases. The
question: Will property held in escrow be part of bankruptcy property? What is the debtor's
interest in the escrowed property? The transfer of property occurs when documents or other
property are deposited into escrow (and not when they are released).
LORD OF THE CASTLE: MICHAEL HEYMAN BRINGS A LAWYER'S
PERSPECTIVE TO THE SMITHSONIAN
By Sara Wood
This is a profile of Michael Heyman, the secretary of the Smithsonian Institution. He is the
first nonscientist to ever head the institution. The article goes into the kinds of changes he's
making. He has been a member of the Business Law Section of the ABA for 20 years.
LICENSING IN A NEW AGE: CONTRACTS, COMPUTERS AND THE UCC
By Terrence P. Maher and Margaret L. Milroy
How should the Uniform Commercial Code deal with software contracts and licenses? The
target is Article 2B, which is now undergoing redrafting to bring the code into the computer
age.
UPDATING THE UCC: REVISIONS IN THE WORKS AFFECT CONSUMERS
By Henry D. Gabriel and Katherine A. Barski
There are broad-ranging revisions currently under consideration for the Uniform Commercial
Code. The UCC is the major embodiment of American commercial law -- these revisions are
expected to be ready for consideration by state legislatures in late 1997.
IT'S A PRIVATE MATTER: WHAT SHOULD A CLOSELY HELD COMPANY KEEP
IN MIND WHEN ISSUING A TENDER OFFER?
By Daniel G. Berick
Suppose a small private company wants to buy back some outstanding shares. Can it do it?
How? What should it keep in mind? The author sets out the guidelines using a fictitious
privately held concern.
NOT VERY APPEALING: YOUR COMPANY LOST ITS CASE THE FIRST
TIME AROUND. WILL AN APPEAL WORK?
By Patricia K. Norris and R. Neil Taylor III
Your company has lost its case in trial court. Should you appeal? Will the cost be worth it?
Can you prevail? A look at the possibilities.
NEW YORK CREATES BUSINESS COURTS: IF THEY CAN MAKE IT THERE, CAN
THEY MAKE IT ANYWHERE?
By Robert L. Haig
Business courts have been operating in two New York counties since 1993. How has it gone?
What were the concerns before these separate business-matter courts began and how have
these issues been handled? The author gives a bit of history and a prognosis for the future.