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Features

AI Poisoning: A Self Help Cybersecurity Option Image

AI Poisoning: A Self Help Cybersecurity Option

Jonathan Bick

A novel legal self-help technique to secure artificial intelligence data and programs is known as Poisoning AI. This technique involves modifying the AI algorithm to intentionally produce specific erroneous results.

Features

Life, Liberty, and the Pursuit of Customers: Developments on ‘Conquesting’ from the Ninth Circuit Image

Life, Liberty, and the Pursuit of Customers: Developments on ‘Conquesting’ from the Ninth Circuit

Howard Shire & Di’Vennci K. Lucas

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of whether purchasing market competitors’ search engine keyword terms, known as “conquesting,” constitutes trademark infringement.

Features

Adapting for Success: Strategic Insights for Law Firms in 2025 and Beyond Image

Adapting for Success: Strategic Insights for Law Firms in 2025 and Beyond

Dan Safran

The legal industry is at an inflection point, grappling with challenges that range from rising client demands to technological disruption. There are five critical areas where firms can take a proactive, strategic approach, including actionable insights and recommendations for navigating 2025 and beyond.

Features

Beyond Bordeaux’s Bankruptcy: A Lesson In Adapting to the Evolving Sports Media Landscape Image

Beyond Bordeaux’s Bankruptcy: A Lesson In Adapting to the Evolving Sports Media Landscape

Jeffrey Schlerf

Word that the historic French franchise Girondins de Bordeaux filed for bankruptcy recently rocked European football. But one force in particular poses an even broader threat to the sustainability of the elite level of French soccer than relegation: media rights.

Features

The Top 7 Marketing Trends Legal Marketers Need to Watch In 2025 Image

The Top 7 Marketing Trends Legal Marketers Need to Watch In 2025

Patricia Nagy

As we move into 2025, legal marketers face a rapidly evolving landscape where technology, data, and client expectations intersect — and it’s just the right time of year for making lists! Here are the top 7 trends we are seeing as shaping the future of legal marketing in the coming year.

Features

No Guarantee NY's Guaranty Law Survives Constitutional Scrutiny Image

No Guarantee NY's Guaranty Law Survives Constitutional Scrutiny

Claude G. Szyfer & Daria D. Anichkova

After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.

Features

High Court May Limit the Reach of the Wire Fraud Statute Image

High Court May Limit the Reach of the Wire Fraud Statute

Harry Sandick & Caitlyn Wigler

On Dec. 9, 2024, the Supreme Court will hear argument in Kousisis v. United States, a case that will again review the reach of the federal mail and wire fraud statutes. At issue this time is the so-called “fraudulent inducement” theory of property fraud — namely, whether deception to induce a commercial exchange can constitute mail or wire fraud, even if the infliction of economic harm on the alleged victim was not the object of the scheme.

Features

'Melendez/Bochner': No Guarantee the Guaranty Law Survives Constitutional Scrutiny Image

'Melendez/Bochner': No Guarantee the Guaranty Law Survives Constitutional Scrutiny

Claude G. Szyfer & Daria D. Anichkova

After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.

Features

Fifth Circuit Rejects Majority 'Independent Economic Value' Test for Infringement Damages Image

Fifth Circuit Rejects Majority 'Independent Economic Value' Test for Infringement Damages

Stan Soocher

Most of the federal circuit courts that have addressed what qualifies either as a "compilation" or as a single creative work apply an "independent economic value" analysis that looks at the market worth of the single creation as of the time when an infringement occurs. But in a recent ruling of first impression, the Fifth Circuit rejected the "independent economic value" test in determining which individual sound recordings are eligible for their own statutory awards and which are part of compilation.

Features

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies

Yuliya LaRoe

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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