Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Home Topics

Litigation

Features

Bit Parts Image

Bit Parts

ALM Staff & Law Journal Newsletters

Accounting-Malpractice Claim/Arbitration<br>Contributory and Vicarious Copyright Infringement/Interlocutory Appeal<br>Copyright Infringement/Substantial Similarity<br>Copyright-Infringement Filing/Bankruptcy Purchase

Features

e-Discovery Docket Sheet Image

e-Discovery Docket Sheet

ALM Staff & Law Journal Newsletters

Recent court rulings in e-discovery.

Features

Prepare for e-Discovery Image

Prepare for e-Discovery

Jason Park

With state laws governing the capture and securing of evidence ' including electronic data ' the possibility of spoliation is a genuine concern. Not only could evidence subjected to spoliation be inadmissible, but misdemeanor or felony charges could apply to the collector and the contracting party.<br>Identifying electronic evidence, much like in a physical crime scene, starts with drawing increasing concentric circles around the victim or perpetrator. Some care must be taken regarding a company's policies and practices. State and federal law on personal property may be involved if the employee used personal devices legally or illegally in combination with the company's assets, and a warrant or commencement of discovery may be required to access personal property or equipment on private property.

Features

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Supreme Court to Review Obviousness Standard: Is a Higher Bar for Patentability Imminent? Image

Supreme Court to Review Obviousness Standard: Is a Higher Bar for Patentability Imminent?

Steven S. Yu, M.D.

In reviewing <i>KSR Int'l v. Teleflex, Inc.</i> (No. 04-1350), the Supreme Court is set to tackle one of the fundamental issues of patentability ' the standard for obviousness under 35 U.S.C. '103. As expected, this case has generated significant interest and numerous <i>amicus</i> briefs have been filed. With oral argument expected to be heard late this month, this case marks the first time in 30 years that the Court will examine this particular issue.

Features

'No Sublicense' Rule Extended to Trademark and Publicity Rights: The Half-Century Saga of Miller v. Glenn Miller Productions, Inc. Image

'No Sublicense' Rule Extended to Trademark and Publicity Rights: The Half-Century Saga of Miller v. Glenn Miller Productions, Inc.

Stephen W. Feingold & Sarah E. Cleffi

It is well settled that a patent or copyright licensee may not sublicense that right absent specific authorization. <i>See, eg, Gardner v. Nike, Inc.</i> 279 F.3d 774 (9th Cir. 2004); <i>Unarco Industries, Inc. v. Kelley Co.</i>, 465 F.2d 1303 (7th Cir. 1972); <i>In re Patient Education Media, Inc,</i> 210 B.R. 237 (S.D.N.Y 1997). Trademarks are often grouped with patents and copyrights as 'intellectual property,' but fundamental differences among the genres exist. <i>See, eg, Sony Corp of America v. University City Studios</i>, 464 U.S. 417, 439 n.17 (1984). Do the same policies supporting the so-called 'no sublicense' rule in the patent and copyright context apply to trademarks and related publicity rights?

Features

Betting on Litigation Image

Betting on Litigation

Stanley P. Jaskiewicz

For all the publicity that our litigious society generates, the decision to sue or not, or even to send a so-called lawyer letter, is often agonizing for any business owners or principals.<br>This dilemma is particularly strong for the smaller firms that compose so much of the e-commerce sector. While the media often perceives lawyers as nothing more than 'ambulance chasers' constantly looking for personal injury lawsuits to stock their personal treasuries, most businesses should prefer to resolve disputes outside the courtroom.

Features

Litigation Image

Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Features

Data Mining Image

Data Mining

Scott Andino

The first part of this article discussed the importance and focus of data retrieval in matrimonial actions and the parameters of data mining. The conclusion herein addresses privacy concerns, the impact of e-mail, and the costs of data retrieval.

Features

'Equitable Paternity' Image

'Equitable Paternity'

ALM Staff & Law Journal Newsletters

He who acts like a father is a father ' at least legally, even if not biologically. New York's highest court, the Court of Appeals, concluded this in a recent ruling, imposing 'equitable paternity' on a man who wrongly assumed he had fathered a daughter and acted accordingly.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
    Read More ›
  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
    Read More ›
  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
    Read More ›
  • Cutting Off the Stream: How United States v. Silver Affects "Stream of Benefits" or "Retainer" Bribery
    Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.
    Read More ›