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The following article takes a general intellectual-property approach to trademark infringement from the perspectives of both trademark holders and product importers, while providing much useful, technical information for entertainment industry professionals.
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The U.S. Court of Appeals for the Ninth Circuit recently reconfirmed the long-established principle that, under California law, an implied-in-fact contract claim over an alleged promise to pay for use of an idea or concept isn't preempted by federal copyright law.
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The same technology that provides the means for customers in various market sectors to truly interact with merchants also allows a similar force multiplication for Internet criminals, including charlatans and other rogues who prey on some of the most vulnerable among us ' the elderly.
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One of the greatest challenges any organization can face is the integration of evolving technology into its culture, practice and processes. At Bradford & Barthel ("B&B"), our main challenges in this regard have focused on the adaptation of Google Apps within our environment and business model.
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Changes to the Patient Protection and Affordable Care Act (ACA) now make it easy for individuals who have gained information during the discovery process in a medical malpractice suit to use that information to bring a <i>qui tam</i> action under the False Claims Act (FCA).
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Equipment lenders often consider an out-of-court foreclosure as a fast and efficient way to recover collateral from a defaulting borrower. The Second Circuit Court of Appeals has thrown a monkey wrench into the attractiveness of the foreclosure option, especially for those equipment lenders who foreclose on collateral with the goal of preserving value by operating the business until a strategic buyer can be located.
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The precise line of where ordinary negligence ends and professional negligence begins has remained rather murky. Here's why this makes a difference.
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Studies that have attempted to quantify the costs of defensive medicine by looking at the impact that tort reform has had on health care savings have obtained inconsistent results.
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Recent case law has made New York an extremely beneficial place for a creditor seeking to enforce a judgment against a debtor's foreign assets.
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Each case addressing the issue of retirement and its impact on support is highly fact-sensitive. The down economy's impact on such a situation serves to add an intriguing, yet extremely critical, wrinkle to the equation.