Law.com Subscribers SAVE 30%

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

Home Topics

Litigation

Features

<i>Decision of Note</i><br>NY Apps. Court Says Pre-'72 Recordings Have No Public Performance Right Image

<i>Decision of Note</i><br>NY Apps. Court Says Pre-'72 Recordings Have No Public Performance Right

Joel Stashenko

No common law right of public performance exists in New York state to compel Sirius XM Radio to pay fees for the use of pre-Feb. 15, 1972 sound recordings by popular artists such as The Turtles, the state's highest court ruled in <i>Flo & Eddie Inc. v. Sirius XM Radio Inc.</i>

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 Jan. 1, 2017.

Features

Corporate Guilt and Individual Innocence in Financial Fraud Image

Corporate Guilt and Individual Innocence in Financial Fraud

Robert J. Anello & Kostya Lantsman

Comparing the success of the Department of Justice (DOJ) in extracting guilty pleas from companies for violations of the Foreign Corrupt Practices Act (FCPA) with the DOJ's notable trial failures in FCPA matters brought against individuals is particularly instructive when we are discussing individual versus corporate criminal accountability, as we did in the first part of this article.<br><i><b>Part Two of a Two-Part Article</b></i>

Features

Trademark Board Amends Its Rules of Practice Image

Trademark Board Amends Its Rules of Practice

Scott Harper

Entertainment and intellectual property practitioners and businesses should take note of these changes, as they directly inform the manner in which these matters will be handled moving forward and could potentially affect outcomes.

Features

Forum Shopping for a Double Recovery: <i>Kranz v. Schuss</i> Image

Forum Shopping for a Double Recovery: <i>Kranz v. Schuss</i>

Gary L. Riveles & Ethan Lillianthal

It has long been axiomatic that a plaintiff may not recover twice in tort for the same injury. This directive makes intuitive sense. Although a number…

Features

Regulatory and Product Liability Practices: Siloed No More Image

Regulatory and Product Liability Practices: Siloed No More

Daniel J. Herling

In the field of product liability law, the silo phenomenon — in which different departments of an organization decline to share information with other departments of the same organization or field — is puzzling, since there have been several examples of situations where additional regulation has resulted in additional litigation.

Features

Fallout from the 'Panama Papers' Image

Fallout from the 'Panama Papers'

Stanley S. Arkin & Robert C. Angelillo

Among the first things we learn as defense attorneys is to keep informed and alert about events that may spawn or affect actions taken by prosecutors. This article sets forth an example of how one stays sensitive to what may be happening in the closed venues of prosecutors' offices.

Features

The Scope of the Equitable Subrogation Doctrine Image

The Scope of the Equitable Subrogation Doctrine

Stewart E. Sterk

Recently, the Second Department faced three claims of equitable subrogation over a two-week period and in two of those cases, indicated that the doctrine would not be applicable if the junior mortgagee advanced funds to satisfy a senior mortgage with knowledge of an interest whose priority was inferior to that senior mortgage.

Features

Mission Impossible? Addressing WARN Act Liability in Liquidating Mid-Market Cases Image

Mission Impossible? Addressing WARN Act Liability in Liquidating Mid-Market Cases

Mark S. Melickian

this issue of WARN Act liability giving rise to significant administrative or priority claim risk is unique to bankruptcy.However, assuming that, for other reasons, a bankruptcy case is the best path for your client, what can you do to mitigate the risk?

Features

Movie Filtering Company Is Told To Shut Down Image

Movie Filtering Company Is Told To Shut Down

Amanda Bronstad

A start-up that provides a technology that filters movies for profanity, violence and other objectionable content has vowed to take a copyright battle against Hollywood all the way to the U.S. Supreme Court after a federal judge granted an injunction blocking its service.

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 ›