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The Federal Arbitration Act Image

The Federal Arbitration Act

John Wilkinson

The U.S. Supreme Court's recent decision in <i>Hall Street Associates, L. L. C. v. Mattel, Inc.</i> had long been anticipated by the litigation and arbitration communities and has been the subject of extensive commentary and debate in the brief period since it was rendered. This article explains why.

Features

<i>adidas v. Payless</i> Image

<i>adidas v. Payless</i>

Charles H. Hooker III & Sara M. Vanderhoff

After almost seven years since inception, the lawsuit by adidas against Payless ShoeSource, Inc. ended at the trial level with a jury verdict against Payless in the amount of $305 million. Payless was found guilty of willful federal trademark and trade dress infringement, trademark and trade dress dilution, and state-law unfair and deceptive trade practices as a result of its sale of footwear bearing confusingly similar imitations of adidas's famous Three-Stripe Mark and Superstar Trade Dress.

Features

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News Briefs

ALM Staff & Law Journal Newsletters

The latest news from the franchising world.

Features

<i>Quanta Computer, Inc., et al. v. LG Electronics, Inc.</i> Image

<i>Quanta Computer, Inc., et al. v. LG Electronics, Inc.</i>

Matthew W. Siegal & Kevin C. Ecker

In <i>Quanta Computer</i>, many observers believed that the Court would address whether, and to what extent, a party can contractually restrict application of the patent exhaustion doctrine, under which patent rights covering a product are extinguished when the product is sold without restriction. Instead, the Court's decision in <i>Quanta</i> appears to be relatively narrow, confirming that the sale of unpatented components can exhaust a system patent that is substantially, but not completely, embodied by those components, but leaving open the broader question of whether parties can contractually limit application of the patent exhaustion doctrine to the detriment of downstream good faith purchasers.

Features

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Case Briefs

ALM Staff & Law Journal Newsletters

Medical Services Must Be Legally Rendered to Qualify for Payment

Features

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Court Watch

Alexander G. Tuneski

Recent rulings of interest to you and your practice.

Features

The 'Sophisticated Insured' Defense Image

The 'Sophisticated Insured' Defense

Marialuisa S. Gallozzi & Kimberly A. Strosnider

A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.

Features

Conflicts of Interest Between an Insurer and Its Insured Image

Conflicts of Interest Between an Insurer and Its Insured

Bob Alpert & Jeff Douglass

This article examines potential conflicts of interest between an insurer and its insured and the extent of an insured's right to its own independent counsel in such circumstances. This article also discusses other situations that may raise conflicts of interest between an insurer and an insured sufficient to trigger a right to independent counsel. Finally, it considers whether the insurer or the insured has the right to select that counsel.

Features

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Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Credit Applications Image

Credit Applications

Deborah L. Thorne

Although credit applications assist lessors in making these credit decisions, the lessor should make sure that it avoids the pitfalls of the Equal Credit Opportunity Act ('ECOA') and that the financial information it obtains through the credit application is stored appropriately to avoid liability under various state laws regulating the storage of private financial information. This article discusses the components of a good credit application, the requirements of the ECOA, and the best practices for storing private financial information.

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