Litigation

  • The Patent Marking Statute

    Since 1842, U.S. law has required patent owners to provide notice of their patent rights to the public by marking patented articles. The current statute, codified at 35 U.S.C. '287(a), provides that a failure to mark bars a patentee from obtaining damages for the period before it provided a defendant in a patent infringement action with actual notice of its infringement allegations. This can have a significant financial impact, as up to six years of potential damages may be lost.

    March 27, 2007Paul A. Ragusa and Peter Withstandley

  • 'The Continuum of Value'

    Despite no seeming fundamental economic differences, there have been occasions where divorce courts in different states have reached different conclusions of value for the same type of business. These states reach such different conclusions as to what constitutes marital property because they have different views as to the meaning of the term 'value.' This article represents a summary of some of our findings concerning the application of the premises and standards of value in divorce matters.

    March 27, 2007William J. Morrison and Jay E. Fishman

  • Real Property Law

    Expert analysis of the latest cases.

    March 27, 2007ALM Staff | Law Journal Newsletters |

  • Landlord & Tenant

    Recent rulings of importance to you and your practice.

    March 27, 2007ALM Staff | Law Journal Newsletters |

  • Manifestly Unfair Marital Agreements

    In last month's issue, we began an analysis of case law that followed the seminal decision in Christian v. Christian, 42 NY2d 63 (1977), in which the Appellate Division declared that a marital agreement can be set aside if it is 'manifestly unfair,' even if a similar contract between parties in a less 'fiduciary' relationship would be upheld. Part Two provides further guidance on this issue.

    March 27, 2007Bari Brandes Corbin

  • Grunfeld v. Grunfeld Revisited

    While New York courts have struggled in recent years to apply the principles set forth in McSparron and Grunfeld regarding the merger doctrine with respect to the valuation of professional licenses, the recent Court of Appeals decision in Keane v. Keane, 8 NY3d 115 (2006) may serve to complicate matters even further.

    March 27, 2007Benjamin E. Schub

  • Net News

    Man Fired for Visiting Adult Chat Room Sues and Claims Addiction
    RIAA Denounces New Fair Use Bill

    March 27, 2007ALM Staff | Law Journal Newsletters |

  • Computer Forensics for Your Firm

    Along with e-discovery, the field of computer forensics is becoming evermore central to the discovery process. The need for computer forensics analysis is appearing frequently at the state and federal level, and the field's influence and demands are permeating civil and criminal cases, both large and small.

    March 27, 2007Christy Burke

  • Verdicts

    Recent rulings of interest to you and your practice.

    March 27, 2007ALM Staff | Law Journal Newsletters |

  • Senior Executive and Officer Litigation

    In the old days, decisions made by executives and directors in the board room often were cloaked with a veil of legitimacy. Now, however, these decisions are under constant surveillance and scrutiny from outsiders and are even vulnerable to leaks from insiders. As executives and directors are thrust into the media and legal forefront, not only do they face potential personal liability for their decisions, but the corporations themselves face liability for their actions.

    March 27, 2007Sarah Dean and Gil Abramson