As we discussed in the Part One of this article, defense attorneys are increasingly finding themselves faced by opposing counsel bent on using any means possible to harass them and their clients, leading to a more contentious litigation environment than is really necessary. We continue herein with a review of some of those tactics, and we consider how they may be addressed.
Ah, the good old days. When the America Invents Act was being pushed through Congress in 2011, proponents of the proposed changes expounded on the virtues of a system that mirrored the patent practices of the majority of the industrialized world. But the unforeseen consequences of both the AIA and the seminal 2014 Supreme Court decision in Alice v. CLS Bank have created a hostile environment for patent portfolios, which has negative implications for investment in innovation and startups.
Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful remedies to problems that arise.
Many local governments operate live event venues. Unlike dealing with private venues, concert promoters and producers might bring First Amendment free speech claims against government-controlled event facilities over how a local government chooses which promoters/producers with which to work. There's also the issue of whether the governmental authority or a private promoter owns ticket subscriber information that the private promoter generates through its live events work at a government-controlled venue.
On Oct. 21, 2015, the United States Court of Appeals for the Second Circuit affirmed a 2014 decision by the NLRB overturning the terminations of two employees who had complained about their employer on Facebook. Here's a look at that decision.
It's easy to see how the Information Age has transformed the world once again. Old ways of doing things are no longer practical, and new guidelines for the way we conduct business are being formed in real-time. Keeping up with this changing landscape is vital in order to survive.
A debate over whether Google has the ability to glean children's personal information from websites they visit took center stage last month during arguments before the U.S. Court of Appeals for the Third Circuit.
Former Franchisee Held in Contempt; Attorneys Have Trouble With Fee Request
Forum Selection Clauses Are Alive and Well
This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Fair Use of Abbott and Costello "Who's on First?" Comedy Routine
Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity
