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Drawing from Sun Tzu's ancient military treatise, this article explores strategic approaches lenders can employ when commercial loans default, examining how timeless principles of warfare apply to the modern lender-borrower relationship. The piece outlines tactical considerations for asset recovery, from initial assessment through workout negotiations, emphasizing the importance of preparation, flexibility, and cost-effective resolution strategies.

In one of the more anticipated and closely watched cases of the year, the U.S. Court of Appeals for the Federal Circuit has confirmed in an en banc decision that patents must meet both written description and enablement requirements under 35 U.S.C. §112 (1975). Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co., No. 2008-1248 (Fed. Cir. 2010).