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Litigation

  • Federal Circuit Applies Alice to Invalidate Online Transaction Patent
    Federal Circuit Finds 'Unobtrusive' and 'Does Not Distract' Indefinite
    Federal Circuit: In Hatch-Waxman, Infringement Based Only on Final ANDA Product

    October 02, 2014Howard J. Shire and Wyatt Delfino
  • This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, including amendments to Delaware's corporation and LLC laws.

    October 02, 2014Sandra Feldman
  • Copyright trolls are in the business of acquiring the right to bring lawsuits against alleged infringers and threatening to file copyright infringement claims in order to induce rapid settlements against large groups of defendants.

    October 02, 2014Jonathan Bick
  • Over the past 10 years, government investigations have become increasingly sophisticated in analyzing electronically stored information (ESI). Federal executive departments and agencies have made substantial investments in advanced analytical systems that help investigators and prosecutors filter voluminous amounts of incoming ESI. Respondents to Civil Investigative Demands (CIDs) must recognize that the information provided will be analyzed using these powerful tools.

    October 02, 2014Sanjay Manocha
  • Franchisor's Control over System Uniformity Insufficient to Show Vicarious Liability
    Printed Names Without Signatures Satisfy Requirement That Personal Guaranty Be Signed

    October 02, 2014Cynthia M. Klaus and Susan E. Tegt
  • in Progressive Casualty Ins. v. Delaney, the court sheds light on the reasons why parties have been reluctant to accept predictive coding, the need for cooperation and transparency with one's adversary, the resulting risks of this cooperation, and highlights a key debate over best practices ' whether search terms can be used to first limit the universe of documents before predictive coding is employed.

    October 02, 2014H. Christopher Boehning and Daniel J. Toal
  • The musical tastes of several U.S. Supreme Court justices run toward opera. But as the start of its fall term approached, the court was getting an intense education in another genre: the rhythmic, slangy ' sometimes violent ' poetry of rap music.

    October 02, 2014Tony Mauro
  • Never before has so much personal data been available anywhere but also completely outside the immediate control of the person who created it. Companies like Google and Facebook are the entities responding to government search warrants and subpoenas for individuals' personal information. Federal courts continue to struggle ' and sharply disagree ' over the scope of Fourth Amendment protections for this data.

    October 02, 2014Ben Barnett and Rebecca Kahan Waldman
  • A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, acting just nine days after arguments, held unanimously on Sept. 4 that same-sex marriage bans in Wisconsin and Indiana are unconstitutional. The panel's'decision, written by Judge Richard Posner, followed similar decisions by the Tenth and Fourth circuits invalidating state bans in Virginia, Oklahoma and Utah. '

    September 04, 2014Marcia Coyle
  • Analysis of a recent situation in which a Supreme Court Review Was Sought in an FCPA instrumentality case

    September 02, 2014ALM Staff | Law Journal Newsletters |