Litigation

Purchaser Adequately Alleged Concealment of Defects
Space Allocation Cannot Be Changed Without Unanimous Vote; Unjust Enrichment Claim Survives

No Easement CreatedGrant Created Valid and Alienable Possibility of Reverter
Contract Vendee Entitled to Specific Performance
Questions of Fact About Scope of Mortgage

Fans of movies about fictional superheroes are probably familiar with Captain America and his miraculous shield. Recently, however, his shield showed up in a most unlikely place: the U.S. Patent and Trademark Office (USPTO).

Critical to any counsel working to prevent a cyber attack or respond to a successful cyber intrusion is an understanding of why and how to properly utilize both attorney-client and work-product privilege.

The U.S. District Court for the Western District of North Carolina dismissed a conversion counterclaim by rapper Chingy against his former business manager Leslie King, who is a lawyer, on the ground that the artist hadn't established that a royalty purchase agreement he signed with the lawyer was void for allegedly violating the state's attorney ethics rule. However, the district court allowed the artist to pursue the ethics rule as an affirmative defense in the underlying lawsuit the attorney's music company has filed against Chingy.

The Spanish foundation that administers the intellectual property rights of famed surrealist Salvador Dalí is suing a Monterey, CA, museum that displays a permanent Dalí exhibition and uses the artist's name and likeness to promote it.

The Potential Impact of Multilateral Development Bank Sanctions

What could be worse than a several-hundred-million dollar Foreign Corrupt Practices Act fine hitting your company? How about not being allowed to even compete for many of your most important contracts for a period of several years.

The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in WesternGeco LLC v. ION Geophysical rejects the Federal Circuit's categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.