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Will Presumptive Injunctions Against Infringers Be Relics of the Past?
In American law, courts exercise their awesome powers through injunctions. Courts have used injunctions to implement decisions addressing many of the most divisive social issues of the day: from integrating public schools to even arguably affecting presidential elections. E.g., Bush v. Gore, 531 U.S. 98 (2000) (enjoining Florida ballot recount); Brown v. Board of Education, 349 U.S. 294 (1955) (directing district courts to supervise “transition to a system of public education freed of racial discrimination”). See New York Times Co. v. United States, 403 U.S. 713 (1971) (refusing to grant injunction to prevent publication of “Pentagon Papers”).
An injunction, essentially, is a court order commanding someone to do some action, or prohibiting someone from doing some action. Injunctions thus present an “equitable” alternative to the conventional “legal” remedy of awarding monetary damages that is both flexible and potent. Thus, injunctions have been described as the “quintessential” remedy of a court of equity.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.