Features
Over-Secured Lenders and Requests for Attorneys' Fees
The United States Court of Appeals for the Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.
Features
Abercrombie and Title VII's Broad Definition of Religion
The U.S. Supreme Court recently granted <i>certiorari</i> in a religious accommodation case involving a Muslim teenager who was denied a job at an Abercrombie & Fitch store because she wore a black headscarf, or hijab, to her job interview.
Columns & Departments
Court Watch
California Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine
Features
New Trends for Managing Privilege In e-Discovery
As any corporation or law firm will attest, the cost of litigation continues to rise and with it the need to identify efficient solutions while maintaining transparency and defensibility. Document review, specifically, has long burdened litigation budgets; however, recent trends in the acceptance of technology integration and more advanced managed review workflows is taking root in the legal landscape.
Features
Attorney Fees Under ERISA
After broaching the issue in a nonprecedential opinion released last summer, the U.S. Court of Appeals for the Third Circuit suggested during arguments on Oct. 21 that it might soon answer definitively whether the catalyst theory for recovering attorney fees applies in ERISA cases.
Columns & Departments
Bit Parts
Complaint States Direct Infringement Claim Against Fan Websites Operator<br> Direct Seller WWE Wins <i>Ex Parte</i> Order for Stopping Merchandise Counterfeiters
Features
What Constitutes 'A Sale' and 'an Offer to Sell'?
The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.
Columns & Departments
IP News
Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained
Features
Proactive Information Governance
Information governance (IG) is how organizations tackle growing data volumes ' identifying what's important, what isn't, and what to do with it all.
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