Intellectual property battles in technology, including in the entertainment industry, are nothing new, but their nature might be shifting. These days, many of the big IP litigation battles have nothing to do with patents, trademarks or copyrights. Instead, it's all about trade secrets.
What's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.
When it comes to practicing litigation, the use of technology is no longer optional. What is optional, however, is under which business model firms deliver this service to their clients, and how to determine which model balances the most value — to the client and the firm.
In a case brought against former baseball player Lenny Dykstra by a social media ghost writer, the U.S. District Court for the Southern District of New York has offered the additional lesson that a writing other than a formal settlement agreement may constitute an enforceable agreement — even if one of the parties expects that additional "standard" provisions will be added to the agreement.
The U.S. Supreme Court will soon decide the long-awaited issue of whether corporations can be liable under the Alien Tort Statute (ATS), enacted by the First Congress more than 225 years ago.
Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation
With the Supreme Court's decision in Alice, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.
The Library of Congress' Copyright Royalty Board, the panel of three judges who set copyright royalty rates and settle related disputes, announced the launch of an electronic filing and case management system in an effort to streamline its manual and cumbersome case management processes.
A look at a case in which the first trader charged and convicted under Dodd-Frank's anti-"spoofing" provision lost his appeal at the U.S. Court of Appeals for the Seventh Circuit.
The Lessons of History
In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation.
A New Obstacle to D&O Recoveries for Creditors
No matter how meritorious a claim may be, its ultimate value to creditors depends upon one thing — whether there is a viable source to satisfy any judgment obtained, since many D&Os do not have sufficient personal assets to satisfy any significant damages that may be awarded.
