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Litigation

  • The UK's Court of Appeal gave a very important judgment earlier this year in the so-called Vidal-Hall case concerning Google's Internet behavior tracking through a browser. The court found that: first, misuse of private information is now classified as a tort; and, second, financial compensation for distress caused by breaches of the Data Protection Act 1998 may now be claimed, despite there being no monetary loss.

    October 02, 2015Andre Bywater and Gayle McFarlane
  • Attorney Fees Award to Victor Willis in Song Termination-Rights Litigation
    New York Federal Court Supports Descendibility of Lanham Act False Endorsement Claims

    October 02, 2015Stan Soocher
  • The long-awaited decision of the National Labor Relations Board (NLRB) in Browning-Ferris Industries of California set forth new guidelines under which a company could be determined to be a joint employer so that it would be subject to collective bargaining.

    October 02, 2015Charles G. Miller
  • On June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in Ariosa Diagnostics, affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence.

    October 02, 2015David L. Walker and Angela L. Morrison
  • Summary Judgment for Domino's in Death of Franchisee's Employee: Will It Last?
    Franchisor That Sleeps on Its Rights May Not Be Able to Enforce Them

    October 02, 2015Darryl A. Hart
  • Colleges can't be required to let star athletes cash in on their celebrity status, a Ninth Circuit panel ruled on Sept. 30, reversing part of a landmark antitrust decision that had called into question the NCAA's entire business model.

    October 01, 2015Marisa Kendall
  • Federal Circuit: In An IPR Proceeding, The Burden Lies With The Petitioner To Show 'Substantial Evidence' That The Prior Art Patent Is Entitled To The Priority Date Of Its Provisional Application
    Federal Circuit: Scope Of Reexamination Claims Is Reviewed De Novo

    September 30, 2015Howard J. Shire and Brent T. Hagen
  • The Future of the Music Business 4th Edition, by Steve Gordon.

    September 02, 2015ALM Staff | Law Journal Newsletters |
  • This summer, the U.S. Court of Appeals for the Second Circuit decided Glatt v. Fox Searchlight Pictures, an important decision concerning whether Fox's unpaid interns were "employees" under the federal Fair Labor Standards Act and the New York Labor Law and, therefore, entitled to recover minimum wage, plus time-and-a-half for overtime, for the periods they worked at Fox.

    September 02, 2015Thomas E. Chase