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Litigation

  • CA District Court Misconstrues State Franchise Relations Act in Granting Transfer Motion
    Franchisee Argues For Automatic Termination Under CFRA
    GA Court Sends Determination of Whether a Distributor Is a Dealer to Jury

    March 27, 2015Charles G. Miller and Darryl A. Hart
  • A look at a recent ruling in New York.

    February 28, 2015ALM Staff | Law Journal Newsletters |
  • Federal Circuit: Application by PTAB of Broadest Reasonable Interpretation Standard in Claim Construction Upheld Under the AIA

    February 28, 2015Jeffrey S. Ginsberg and Brooke Hazan
  • In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with the networks. As the dust now begins to settle, the copyright litigation has resulted in important precedents that will help define the boundaries under the Copyright Act for the multi-channel programming distribution industry.

    February 28, 2015J. Alexander Lawrence
  • The Federal Circuit has long maintained that it is entitled to review a claim construction decision de novo, without deference to the district court. Over the years, this approach has led to a notably high reversal rate of district court claim construction decisions. This "two bites at the apple" approach remained controversial, and on Jan. 20, 2015, the Supreme Court rejected this blanket policy of de novo review in favor of a hybrid approach.

    February 28, 2015Nancy Zhang
  • An anonymous pro se defendant has beaten copyright infringement claims brought against him in federal court by a maker of pornographic videos. The defendant's victory runs counter to the result in a similar case in front of a different Eastern District judge.

    February 28, 2015Saranac Hale Spencer
  • Obtaining social media user content under most circumstances is extremely difficult ' unless you use the correct strategy. Simply sending discovery requests without a basic understanding of the information available is a fool's errand. It is pivotal that a practitioner who wants to conduct formal discovery of social media user content understand how each site stores and communicates its data.

    February 28, 2015Emily T. Acosta and Eric P. Conn
  • Noise complaints have long been an occupational hazard for venue operators, musicians and concert promoters. The surge in the electronic dance music scene has added to the number of complaints. What might be enjoyable entertainment to one person may sound like a thunderous racket to another.

    February 28, 2015Jay Stapleton
  • This article reviews the recommended due diligence efforts of the purchaser's counsel with respect to leased commercial property, and elaborates on the pre- and post-closing rationales for completing such diligence review. The main focus of this article is the due diligence activities and rationale of counsel to a potential purchaser of all of the stock of a selling entity. Where relevant, it incorporates the alternate considerations that might arise in the context of an asset purchase or merger structure.

    February 28, 2015Jackie M. Burkhardt