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Litigation

  • Infidelity website AshleyMadison.com and its parent company Avid Life Media Inc. have been hit with a pair of class actions in Los Angeles federal court stemming from the site's recent data breach.

    September 02, 2015Ross Todd
  • Having been urged to do so by the Supreme Court, the Federal Circuit recently expanded liability under 35 U.S.C. '271(a) for direct infringement of a method patent involving more than one actor (divided infringement).

    September 02, 2015Elizabeth B. Hagan and David K. Tellekson
  • When organizations discuss ESI, it almost always revolves around three core groups: legal and/or compliance; records management; and, of course, IT. Despite the fact that they all are responsible for important business functions associated with this data, they are seldom on the same page.

    September 02, 2015Doug Yarabinetz
  • When responding to e-discovery events such as audits or potential litigation, the cost of persisting with older, traditional methods for key parts of the process can nearly bankrupt a company. Modern archiving technologies that consolidate and proactively store content in a single "search-ready" repository are now playing a crucial role within next generation 2.0 e-discovery processes.

    September 02, 2015Mike Pagani
  • A California Court of Appeal recently affirmed the right of a shopping center owner to limit the First Amendment rights of citizens from being exercised near store entrances.

    September 02, 2015Stephanie J. Kim
  • On Aug. 6, 2015, three additional Swiss banks reached agreements through the DOJ Swiss Bank Program, first announced in 2013.

    September 02, 2015ALM Staff | Law Journal Newsletters |
  • The European Commission's (EU) recent decision to file antitrust claims against six major U.S. film studios is an aggressive approach at dismantling how Hollywood does business. Even so, it comes as little surprise to antitrust experts given the regulatory agency's push to unify consumer access to digital products in the European Union.

    September 02, 2015Amanda Bronstad
  • Encroachment" is a term used in the franchise industry to describe sales and revenues being transferred from one location to another because of their proximity. Litigants sometimes claim the encroachment is so extensive so as to threaten the viability of the existing location. In these instances, claims have been asserted for constructive termination because the existing location is alleged to no longer be viable. More likely, the claim for constructive termination is not viable.

    September 02, 2015Craig R. Tractenberg
  • Versata Development Group v. SAP America was a closely watched case since it was the first appeal to the Federal Circuit of a Covered Business Methods review by the PTAB under Section 18 of the America Invents Act. This article addresses the court's reasoning regarding the definitions of a covered business method patent, and how that reasoning is at odds with norms of statutory construction, technological innovation, and claim drafting.

    September 02, 2015Robert R. Sachs