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Litigation

  • A recent indictment of a former Member of Congress has rekindled the legal debate over the scope and effect of the Speech or Debate clause and perhaps presages a return to the Supreme Court for a ruling to settle the conflict among the circuit courts about interpretation of the Clause.

    December 17, 2009Stanley M. Brand
  • On Oct. 16, 2009, federal agents arrested Raj Rajaratnam, the founder of hedge fund Galleon Group, in an alleged insider trading scheme that involved well known public companies and thus far 20 defendants, including lawyers, stock traders, management consultants, and executives inside the issuers themselves. Wiretapping was part of the case.

    December 17, 2009Stanley A. Twardy, Jr. and Doreen Klein
  • Lenders, financial advisers, accountants, indenture trustees and other professionals who bargain for reimbursement of their legal fees should be reassured by Ogle v. Fid. & Deposit Co. of Md. Here's why.

    December 17, 2009Michael L. Cook
  • As the prognostications of potential outcomes for this case continue over the next several months, it may be wise to recognize that regardless of the outcome, there will always be some degree of uncertainty regarding the limits of patent eligibility. Consequently, the best corporate patent strategies should address and accommodate those uncertainties. While this article describes some of those possible strategies and perspectives, it is far from exhaustive and obviously does not necessarily represent the opinions of its author, his firm, or its clients.

    December 01, 2009ALM Staff | Law Journal Newsletters |
  • On Sept. 11, 2009, the U.S. Court of Appeals for the Federal Court issued an opinion in the case of Lucent Technologies Inc. et al. v. Gateway Inc. et al. In its ruling, the CAFC found that "the damages evidence of record was neither very powerful, nor presented very well by either party" and that the plaintiff's damages calculation "lacked sufficient evidentiary support." The CAFC therefore vacated the district court's award and remanded the case for a new trial on damages.

    November 30, 2009Michael K. Milani and Eric Carnick
  • On Nov. 9, 2009, the Supreme Court heard oral argument in In re Bilski ' a case that will likely impact whether business methods are eligible for patent protection under 35 U.S.C. ' 101. To date, the Supreme Court has held that abstract ideas, natural phenomena, and laws of nature are not patent eligible, but has yet to apply that holding to a business method.

    November 30, 2009Julia S. Kim
  • Highlights of the latest franchising news from around the country.

    November 30, 2009ALM Staff | Law Journal Newsletters |
  • Highlights of the latest franchising cases from around the country.

    November 30, 2009Cynthia M. Klaus and Meredith A. Bauer
  • Let me try to explain the rules governing Advance Conflict Waivers by asking, and then answering, five questions.

    November 30, 2009Richard M. Zielinski