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Features
A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware." Does the provision constitute a waiver of a party's right to remove the case to federal court if the other party files suit in a Delaware state court?
Features
On June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in <i>Ariosa Diagnostics,</i> affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence.
Features
The speed with which negative Internet postings spread can cause immediate reputational harm. To remedy this harm, the nature and extent of the damage must be quantified, which is no easy task. This is true whether a defamation lawsuit is pursued or whether a public relations strategy is used. However, new digital tools can now be used to assess and quantify damage caused by these kinds of negative Internet postings.
Features
One of the significant benefits bestowed upon chattel paper financers is the ability to perfect a security interest via possession, and in so doing potentially achieve priority over pre-existing secured lenders who perfected by filing a UCC Financing Statement. Now, the system is moving toward electronic chattel paper. What does this mean?
Columns & Departments
Summary Judgment for Domino's in Death of Franchisee's Employee: Will It Last? <br>Franchisor That Sleeps on Its Rights May Not Be Able to Enforce Them
Features
Colleges can't be required to let star athletes cash in on their celebrity status, a Ninth Circuit panel ruled on Sept. 30, reversing part of a landmark antitrust decision that had called into question the NCAA's entire business model.
Features
It was the worst data breach in the history of the U.S. government, and now the Justice Department says the ensuing lawsuits filed in six different jurisdictions belong in a single court in Washington, DC.
Columns & Departments
What's going on in the industry.
Features
This summer, the U.S. Court of Appeals for the Second Circuit decided <i>Glatt v. Fox Searchlight Pictures,</i> an important decision concerning whether Fox's unpaid interns were "employees" under the federal Fair Labor Standards Act and the New York Labor Law and, therefore, entitled to recover minimum wage, plus time-and-a-half for overtime, for the periods they worked at Fox.
Columns & Departments
Consumer Suit Over Beats Music App Sent to Arbitration<br>No Right of Publicity Claim for Company, But Individual with Same Name as Company Can Proceed<br>"Procure Employment" Clause in California Talent Agencies Act Survives "Vagueness" Challenge