Features
<B>BREAKING NEWS:</b> Supreme Court Strengthens Arbitration in Labor Case Ruling
The Supreme Court's growing embrace of the virtues of arbitration continued on April 1 with a 5-4 ruling endorsing labor contracts that send age discrimination claims to arbitration rather than to federal courts.
Supreme Court: Age Discrimination Claims Must Go to Arbitration
The Supreme Court on April 1 ruled 5-4 that courts must enforce clearly stated provisions in labor contracts that require age-discrimination claims to go to arbitration.
Features
The Time-Money Continuum
Everyone has heard that time is money, but it may be that no industry understands this concept as well or as thoroughly as the insurance industry. Here's why.
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Real Property Law
Key rulings are discussed and analyzed.
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Verdicts
Recent rulings of interest to you and your practice.
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Opinion: Supreme Court Botches Preemption Case
One author's strong views about <i>Wyeth v. Levine</i>.
Features
Don't Overlook Nontraditional Defenses in Patent Litigations
It is a staple in virtually every patent case for defendants to assert defenses of non-infringement, invalidity, and inequitable conduct. While patent litigators appropriately focus on these traditional defenses, there are also nontraditional defenses — including lack of ownership of the patent-in-suit, judicial estoppel, and unclean hands — that may be incredibly beneficial to patent defendants.
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In re TS Tech USA Corp.: Curtailing the 'Rocket Docket'
Due to its so-called "rocket docket," many patent litigants select the Eastern District of Texas when filing a lawsuit or a declaratory action. However, the Federal Circuit's recent decision in <i>In re TS Tech</i> may substantially curtail this practice.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›