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Litigation

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Litigation Upfdate

David R. Geiger & Creighton K. Page

An in-depth review of recent litigation that affects this practice area.

Features

Practice Tip: Pleading Medical Device Complaints

Larry Goldhirsch

The heightened pleading requirements of <i>Bell Atlantic Corp. v. Twombly</i> require that practitioners who plan to file a complaint in a medical device case be even more cautious than usual. Otherwise, they may be subject to a dismissal on the pleadings.

Features

The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions

Jason C. Schwartz, Thomas M. Johnson, Jr., & Amanda Penabad

This article focuses on the potential for extraterritorial application of the expanded Sarbanes-Oxley provisions and the new SEC whistleblower cause of action.

Features

Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA

John Powers

Retail tenants in California ' and perhaps those in other states as well ' that collect ZIP Codes may very well find themselves the subject of putative class actions, the penalties for which could be substantial.

Features

Foreclosure Crisis Presents Challenges for Lenders When Homeowners and Condo Associations Are Involved

Ronald B. Cohn & Taylor Samsing

With foreclosure filings at unprecedented levels, associations are facing high assessment delinquency rates since generally when a homeowner stops paying his or her mortgage, he or she also ceases paying any assessments. A look at recent litigation.

Features

Court Restricts Bankruptcy Court Jurisdiction in Stern v. Marshall

William M. Hawkins

The Supreme Court's 5-to-4 decision in <i>Stern v. Marshall</i> definitively upsets a quarter-century's jurisdiction by bankruptcy courts over a large set of actions.

Features

Understanding and Mitigating the Legal Risks of Cloud Computing

Bennett B. Borden & Shannon Smith

There can be significant economic efficiencies realized by moving to the cloud. However there are also potential risks involved if an entity does not adequately consider the information governance implications, especially those involving electronic discovery.

Features

Parsing the Copyright Preemption Issue in Claims for Breach of Implied-in-Fact Contracts

Stan Soocher

The U.S. Court of Appeals for the Ninth Circuit recently reconfirmed the long-established principle that, under California law, an implied-in-fact contract claim over an alleged promise to pay for use of an idea or concept isn't preempted by federal copyright law.

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NJ & CT News

ALM Staff & Law Journal Newsletters

News from neighboring states.

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Integration In the Cloud

Eric Hunter

One of the greatest challenges any organization can face is the integration of evolving technology into its culture, practice and processes. At Bradford &amp; Barthel ("B&amp;B"), our main challenges in this regard have focused on the adaptation of Google Apps within our environment and business model.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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