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<i>Tiffany v. eBay </i>
Roberta Jacobs-Meadway
The recent decision of the Second Circuit in connection with the appeal in <i>Tiffany (NJ) Inc. and Tiffany & Company v. eBay, Inc.</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without ever selling the goods and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
Features
When 'If and When' Becomes 'Here and Now'
Mary Cushing Doherty
The recent merger of Wyeth and Pfizer illustrates some of the problems arising from these mergers and the resolution of these problems. Part One of this article addressed deferred compensation and performance share awards. The conclusion herein addresses options.
Features
Case Briefs
Stacie B. Lieberman
Highlights of the latest insurance news from around the country.
Features
Myriad: How Did Public Policy Weigh In?
Larry A. Roberts
In Association for Molecular Pathology v. USPTO, the United States District Court for the Southern District of New York invalidated patents related to isolated BRCA1 and BRCA2 breast and ovarian cancer susceptibility genes. The surprising aspect of the decision was the reason for invalidity ' the district court held that the isolated genes did not constitute patentable subject matter under 35 U.S.C. ' 101.
Features
Practice Tip: Failure-to-Warn Causation and The Learned Intermediary
Lori G. Cohen
&
Daniel I.A. Smulian
In pharmaceutical and medical device litigation, the failure-to-warn claim continues to be among the most common causes of action. This article examines some of the key factors involved in proving causation in a failure-to-warn case, and discusses recent case law in this area.
Features
D.C. Circuit Ruling Starts Next Phase in Debate Over 'Net Neutrality'
David Ingram
Comcast Corp.'s courthouse victory over the FCC in April might not turn out to be a win for the company after all if it speeds the path for wider regulation of broadband services. In a move that some say would spark the "World War III" of communications law, advocates for consumers and content providers want the FCC to reclassify Internet service providers as telephone-style common carriers.
Features
Sony Can't Enforce Agreement With EMI Executive
Noeleen G. Walder
A New York Supreme Court judge has thrown out a suit by Sony Music Entertainment against a competitor record company and one of the competitor's top executives, who allegedly breached a $3 million employment contract with Sony.
Features
Strategies for Allocating Long-Term Value in Fashion and Apparel License Agreements
Lois F. Herzeca
Fashion and apparel goods are an important source of branding opportunities for artists and celebrities. One of the most vexing economic issues in fashion and apparel licensing deals is the task of allocating the long-term value of a branded product launch.
Features
Non-Compete Cases: Does Anyone Really Win?
Charles S. Modell
&
James M. Susag
Many articles have been written about the enforcement of non-compete agreements in franchise cases. The "textbook" law is clear, and we address that law in this article. However, the message that we in the franchise bar have been sending our clients about the law may not be so clear: Nobody really "wins" these cases ' except the lawyers who take them to court.
Features
Releases from Canadian Midas Franchisees Found Unenforceable
Jennifer Dolman
&
Andraya Frith
A recent decision from the Ontario Superior Court of Justice in <i>405341 Ontario Limited v. Midas Canada Inc.</i>, calls into question the some common practices of franchisors in Canada.
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