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 01, 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 01, 2015Craig R. TractenbergVersata 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 01, 2015Robert R. SachsA cooperating witness in the Dewey & LeBoeuf criminal trial, Dianne Cascino, testified last month that she didn't believe she was breaking the law when she made accounting adjustments as the firm's director of revenue support.
September 01, 2015Nell GluckmanThe electronic format that electronically stored information is produced in is a necessary component of e-discovery. This article offers a primer on production format issues by diagramming a template request in order to explain both the technical meaning and practical significance of the terms.
September 01, 2015Helen GeibIn July, the Seventh Circuit upheld the district court's sentence of probation and a civil fine ' with no jail time ' for willful tax evasion, despite the recommendation of imprisonment pursuant to the Sentencing Guidelines. An analysis of U.S. v. Warner.
September 01, 2015Law.com StaffThe reality of workers' compensation life is that "bias" is rampant in the system ' especially when it comes to medical proof presented in litigated matters. This inherent bias should be scrutinized in full context.
September 01, 2015Andrew E. GreenbergEach day, attorneys create and handle documents that require strict confidentiality to avoid loss of evidentiary privileges. In today's digital workplace, many of these files are exchanged via e-mail. While e-mail allows for convenience, speed and portability, each attorney using e-mail must ask before sending: "Am I putting my client's confidentiality needs and expectations, as well as my ethical obligations, at risk?"
September 01, 2015William O'BrienFederal Circuit: District Courts Must Address Intel Factors In Determining Whether to Modify A Protective Order In Foreign Proceedings
Federal Circuit Applies An 'Abuse of Discretion' Standard of Review for a PTO 'Special Circumstances' DeterminationSeptember 01, 2015Jeffrey S. GinsbergOnline impersonation is defined in the New York Code provisions that prohibit the practice, as the act of impersonating another "under an assumed character with intent to obtain a benefit or to injure or defraud another." The foremost case brought under this law, People v. Golb, in many ways epitomizes the bizarre and highly esoteric reasons why someone chooses to impersonate another in the first place.
September 01, 2015Richard Raysman And Peter Brown
