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Litigation

  • Most law firms now proudly proclaim that they have implemented efficient and secure document management systems, systems in which they have invested significant dollars and even more in "sweat equity." The end goal of these systems is to ensure that all documents are stored securely, and perhaps more importantly, can be found quickly and easily.

    February 28, 2014Dean Sappey
  • Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.

    February 28, 2014Alan R. Friedman
  • Technological advancements have dramatically improved the speed, capabilities and, in most cases, the cost-effectiveness in which deposition, discovery and pre-trial services are provided. Companies that have embraced the latest developments in jury research and selection technology ' particularly social media monitoring tools ' are best situated to thrive in the current environment.

    February 28, 2014Peter Hecht
  • Supreme Court Overturns Burden-Shift in Non-Infringement Judgment
    Federal Circuit Clarifies Rules for Patent Term Extension
    Federal Circuit Confirms That All Members of a Priority Chain Must Recite Full Lineage

    February 28, 2014Howard J. Shire and Wyatt Delfino
  • A recent Supreme Court decision overturns both the United States District Court for the District of Western Texas and the U.S. Court of Appeals for the Fifth Circuit.

    February 26, 2014Lewis J. Cohn and John T. Precobb
  • Analysis of a key case.

    February 26, 2014ALM Staff | Law Journal Newsletters |
  • Celebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.

    January 31, 2014Keola R. Whittaker
  • Many battles have been fought in courtrooms across the United States over the unauthorized Internet sharing of copyrighted books, music, movies and television shows. These include disputes over increasingly more sophisticated software products and websites that appear designed to respond to the latest court rulings over the scope of the DMCA "safe harbor" protections and the elements required to establish secondary copyright infringement liability.

    January 31, 2014Alan R. Friedman
  • The agreements authors make with companies that publish their books ' and with the production companies that make films based on those books ' have changed significantly over the past several years. Due in part to the kind of films currently being produced and to available new technologies (particularly for books), these changes have introduced conflicting overlaps between the two types of contracts.

    January 31, 2014Michael I. Rudell and Neil J. Rosini
  • For multinational corporations, reducing the risks and concomitant expenses associated with corrupt employee behavior must be a priority. This article discusses the benefits of embedding compliance doctrine within operations, and how businesses could market integrity and compliance to gain a competitive advantage.

    January 31, 2014Kirk Ogrosky and Jeffrey Hessekiel