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Litigation

  • In a stunning victory for the Obama administration, the U.S. Supreme Court on June 29 upheld the centerpiece of the nation's new health care law ' the so-called individual mandate to buy insurance ' as a constitutional exercise of Congress' taxing authority.

    June 28, 2012Marcia Coyle
  • The naughty five-year-old Japanese comic-book character Crayon Shinchan would tell foreign trademark owners that although foreign trademarks ultimately receive legal protection in China, pragmatic owners must be mindful of the time and costs involved.

    June 28, 2012Vincent J. Poppiti and Mian R. Wang
  • Although the Supreme Court's decision in Kappos v. Hyatt addressed the Patent Act specifically, the decision may have implications for cases brought in district courts to challenge decisions of the Trademark Trial and Appeal Board. The Kappos decision may also encourage defendants to continue pushing against the "clear and convincing evidence" standard for obviousness challenges based on prior art not considered by the PTO during examination.

    June 28, 2012John M. Cone and Megan M. O'Laughlin
  • There are two aspects to the law in New York ' one prohibiting prosecutors or others from compelling one spouse to testify against the other, and the other permitting a spouse to preclude the testimony even of a willing witness spouse. It is this second potion of the law that we will be concerned with.

    June 28, 2012Janice G. Inman
  • Review of a pivotal case.

    June 27, 2012ALM Staff | Law Journal Newsletters |
  • Few courts have fully or accurately grasped the realities of how physicians receive information about the drugs they prescribe and, correspondingly, how the learned intermediary doctrine should affect the Mensing preemption analysis.

    June 27, 2012Sara K. Thompson and Sean P. Jessee
  • This article discusses the current electronically stored information (ESI) law, the impending ESI crisis in arbitration, and how resolving office, industrial and retail claims through alternative dispute resolution helps to corral the burdens of ESI discovery for developers, owners, property managers and contractors by managing ESI with specific agreements, guidelines and rules.

    June 27, 2012Gregory R. 'Greg' Meeder and Livya Heithaus
  • Several decisions issued by federal Courts of Appeal in the past few years suggest that the Computer Fraud and Abuse Act is a truly viable option for employers aggrieved by employee data theft. This article focuses on this group of cases.

    June 26, 2012Christopher Durham