Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Home Topics

Litigation

Verdicts

ljnstaff

In an unpublished opinion, a two-judge panel of New Jersey's Appellate Division recently reinstated a medical malpractice case that had been dismissed for want of an expert.

Columns & Departments

IP News

Jeff Ginsberg & George Soussou

Federal Circuit: Collateral Estoppel Can Apply to Patents With Claims Similar To Those in Previously Litigated<br>Federal Circuit Uses 'Rule of Reason' To Determine Patent Owner Had an Early Reduction to Practice

Columns & Departments

Real Property Law

ljnstaff

Discussion and analysis of three major rulings.

Features

Equifax Breach Will Fuel Identity Theft Remediation Debate Image

Equifax Breach Will Fuel Identity Theft Remediation Debate

Angela R. Matney

In the wake of suits filed against Equifax by consumers, businesses and governmental units, courts will have to grapple with the question of what remedies are appropriate. These issues are not unique to the Equifax incident, but the scope of the breach will undoubtedly lead to more debate than ever before.

Features

Discovery Strategies for a Creditor in a Bankruptcy Case Image

Discovery Strategies for a Creditor in a Bankruptcy Case

Deirdre M. Richards & Howard C. Rubin

<b><i>Beyond Filing a Proof of Claim</b></i><p>This article explains the rights of a creditor, whether an equipment financier or otherwise, to pursue examinations of a debtor in bankruptcy in order to obtain sworn testimony and information that may be helpful to the creditor.

Features

DE Supreme Court Clarifies Role of Deal Price In Appraisal Fair Value Determination Image

DE Supreme Court Clarifies Role of Deal Price In Appraisal Fair Value Determination

P. Clarkson Collins Jr.

Corporate practitioners have been closely following developments in Delaware's shareholder appraisal litigation. Much of the interest concerns the court's "fair value" determination and the risk that an acquiring company will have to pay appraisal petitioners more than the merger deal price. In a much-anticipated decision, the Delaware Supreme Court provides valuable guidance about the relative importance of the deal price in the court's adjudication of the "fair value" of a petitioner's shares.

Features

Procedures for Protecting Entertainment Domain Names Against Cybersquatters Image

Procedures for Protecting Entertainment Domain Names Against Cybersquatters

Karen Levin, Ariel Ronneburger & Damias Wilson

Because there are so many new digital channels for possible intellectual property infringement, knowledge of the various mechanisms available to combat the issue is vital to enabling entertainment industry owners to protect their brand.

Features

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2017, including amendments to Delaware's corporation and LLC laws.

Features

Children Book Versions of Classic Novels Not Fair Use Image

Children Book Versions of Classic Novels Not Fair Use

Vincent Peppe

In 2016, Frederik Colting and Melisa Medina planned to launch a series of 50 children's books, each book summarizing a great novel. They called their colorfully illustrated summaries KinderGuides. In January 2017, the owners of the copyrights to the novels filed a copyright infringement suit against Colting and Medina, resulting in a useful tale for lawyers who advise publishers on either side of such a dispute.

Features

Alternative Fee Arrangements in Complex Litigation Image

Alternative Fee Arrangements in Complex Litigation

Overton Thompson III & David Rue

<i><b>The Case for Value Billing</i></b><p>Alternative fee arrangements (AFAs) are about value, a benefit legal departments are increasingly pressured to bring to their companies. When hiring an outside lawyer, clients are not looking for "hours," and they certainly are not looking for tenths of hours. They seek value.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

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.
    Read More ›
  • 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.
    Read More ›