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Stop in the Name of ' the IP Police? Image

Stop in the Name of ' the IP Police?

Stanley P. Jaskiewicz

When it comes to infringement of intellectual property, there are no "IP police" hiding in the obscure nooks and crannies of cyberspace to chase down those who misuse property online. Instead, the e-commerce firm itself often must become its own IP cop, when it discovers ' as it inevitably will in the online free-for-all ' that its marks, copyrighted content or knockoffs of its unique products appear on the Web site or in the e-catalog of a competitor.

Features

The Toyota Recall Crisis: More Than a Re-TREAD Image

The Toyota Recall Crisis: More Than a Re-TREAD

Nicholas J. Wittner

If this were an article about Toyota's actions and inactions, it could stop here. But it is really about the proposed "Motor Vehicle Safety Act of 2010." This legislation, engendered by the Toyota recalls, makes TREAD (Transportation Recall Enhancement Accountability and Documentation Act)sem minor by comparison.

Features

Practice Tip: Twombly and Iqbal Are Everywhere Image

Practice Tip: Twombly and Iqbal Are Everywhere

Josh Becker & Jenny Mendelsohn

The impact of <i>Twombly</i> and <i>Iqbal</i> on the pleading standard in federal motions to dismiss has been well documented during the last several years. This article examines the impact that these important cases have had when fraudulent joinder becomes an issue.

Features

A Madness to the Method? The Impact of Bilski on Method Patents Image

A Madness to the Method? The Impact of Bilski on Method Patents

Brian Mudge

For more than a year, the software/information technology, financial, and even biotech industries, along with the patent bar, waited for the Supreme Court to weigh in on the issue of business methods and patent-eligible subject matter under ' 101 of the Patent Act. In its recent decision in <i>Bilski v. Kappos</i>, the Supreme Court provided an answer for the business method claimed by Bilski, but not a lot of detailed guidance for future cases.

Features

Employer's Review of Text Messages on Company Pager Reasonable Image

Employer's Review of Text Messages on Company Pager Reasonable

Sarah A. Kelly

In a closely watched case and in a nearly unanimous decision, the U.S. Supreme Court has held that the City of Ontario, CA, Police Department did not violate the Fourth Amendment privacy rights of its employee when it audited text messages he had sent and received on a department-issued paging device.

Features

F-Cubed=0 Image

F-Cubed=0

Sarah L. Cave

Recently, the U.S. Supreme Court decided that ' 10(b) of the Securities Exchange Act of 1934 does not provide a cause of action to foreign plaintiffs to recover investment losses relating to foreign-issued securities traded on foreign exchanges (colloquially known as "F-cubed" claims).

Features

DE Court Rejects Argument That Exclusive Forum Selection Clause Is Unenforceable Image

DE Court Rejects Argument That Exclusive Forum Selection Clause Is Unenforceable

Robert S. Reder

The Delaware Court of Chancery recently rejected a public policy argument that parties to a stockholders agreement may not contract away the right of Delaware courts to oversee disputes between stockholders of a Delaware corporation.

Features

Interim 'So-Ordered' Stipulations Image

Interim 'So-Ordered' Stipulations

Russell I. Marnell & Scott R. Schwartz

What happens to a So Ordered, interim agreement that is not mentioned in the divorce judgment in any way, shape or form? Is it vacated, or does it survive? The answer to this issue, in New York State, at any rate, requires a two-step analysis.

Features

The Future of Honest Services Fraud Image

The Future of Honest Services Fraud

Randall D. Eliason

On June 24, the U.S. Supreme Court sharply limited one of the federal prosecutors' favorite statutes: honest services mail and wire fraud. So where does the law of honest-services fraud go from here?

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