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Litigation

  • A jury has handed down a mixed verdict in the trial of a Broadway press agent accused of scaring off an angel investor who stood ready to save the ill-fated production Rebecca — The Musical.

    June 02, 2017Jason Grant
  • PTAB Did Not Deny Procedural Due Process By Adopting a Claim Construction not Offered by the Parties During IPR
    USPTO Did Not Exceed Authority in Granting Inter Partes Reexamination after Requester Sought to Have It Denied

    June 02, 2017Howard J. Shire and Michael Block
  • California Talent Agencies Act Isn't "Vague"
    Motion to Amend Is Granted In Dispute Over Sale Opportunity for Ben E. King Song Royalties
    "Thin" Copyright Protection for Jokes

    June 02, 2017Stan Soocher
  • On April 6, Florida's Supreme Court announced that a lawsuit against R.J. Reynolds Tobacco Co. may go forward, rejecting the cigarette manufacturer's argument that federal preemption foreclosed the right of an injured smoker and his representatives to bring state-law tort claims against it for marketing cigarettes.

    June 02, 2017ljnstaff | Law Journal Newsletters
  • Litigation is often compared to chess. The image is evoked of a lawyer strategically developing evidence and making arguments the same way a chess player moves and sacrifices pieces on a chessboard, to defeat an opponent. But ask any trial lawyer, and he or she will tell you that litigation is nothing like chess. The better analogy and, more importantly, the better place to turn for useful practice pointers, is poker. Here's why.

    June 02, 2017Laura Besvinick
  • Proving Constitutional Violation

    Part Two of a Two-Part Article

    Conclusion of a discussion about Glisson v. Indiana Dept. of Correction, in which Alma Glisson, whose son Nicholas died while in prison, sued the correctional facility for employing the services of medical contractor Correctional Medical Services, Inc. (Corizon).

    May 02, 2017Janice G. Inman
  • Celebrities who are fiercely protective of their image and branding fight back, bringing an increasing number of lawsuits when it appears that a video game creator has borrowed without permission. These right of publicity cases highlight the tension that exists between the rights of public figures to control the way their image and likeness is used in commercial contexts and the First Amendment.

    May 02, 2017Christine E. Weller
  • Part Two of a Three-Part Article

    The starting point for any successful challenge under Federal Rules of Evidence (FRE) 702 and Daubert is the form and content of the witness's disclosure under Federal Rules of Civil Procedure (FRCP) 26(a)(2). Here is all you have to know.

    May 02, 2017John L. Tate
  • Written Agreements Are Not the Final Word

    Recently, an Ohio appellate court held that the parties' actual conduct — and not the express written provisions in their lease to the contrary — controlled in interpreting the intentions of the parties in contracting. This case serves as a good reminder for legal practitioners that our written agreements are often not the final word.

    May 02, 2017Kelly M. Gorman