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Features

U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO Image

U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO

Jonathan Moskin

In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO's new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys' fees, does apply to this statute.

Features

The Trademark That Got His Goat Image

The Trademark That Got His Goat

Mary A. Donovan

In a recent trademark cancellation case that has drawn "human interest" attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not "kidding" when he expressed his opinion that the registered mark, described as "goats on a roof of grass," is demeaning to goats which, in turn, is offensive to him.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

ssalkin

Business Judgment Rule Protects Parking Fee Determination

Features

Examining the Interplay Between Exculpation Clause and Fiduciary Duty Image

Examining the Interplay Between Exculpation Clause and Fiduciary Duty

Lawrence J. Kotler

In the case of In re Solutions Liquidation, the U.S. Bankruptcy Court for the District of Delaware adjudicated a motion to dismiss filed by the debtors' former managers and officers in connection with the breach of fiduciary duty complaint filed against them by the trustee of the debtors' liquidating trust.

Features

Jury Award in 'Walking Dead' Stuntman Fatality Suit Image

Jury Award in 'Walking Dead' Stuntman Fatality Suit

Greg Land & Katheryn Hayes Tucker

A Gwinnett County, GA, jury awarded $8.6 million to the family of a stuntman killed during the production of a Walking Dead TV-series episode in 2017.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

ssalkin

Former Barbados Government Official Convicted on U.S. Money Laundering Charges Following Insurance Company of Barbados FCPA Settlement

Features

High-Street Retail in an Adjustment Phase Image

High-Street Retail in an Adjustment Phase

Kelsi Maree Borland

High-street retail is going through an adjustment period, but for properties that check the right boxes, there are still active buyers. In some cases, even bidding wars.

Columns & Departments

In the Courts Image

In the Courts

Juliet Gunev

UK Founder of Swiss Asset Management Firm Pleads Guilty in $164 Million Global Securities Fraud Scheme

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

California Court of Appeal Finds Film Producer's Anti-SLAPP Free Speech Argument Is Valid Against Lawsuit By Investor No Implied Covenant to File Song Cue Sheets for Foreign Broadcast

Features

Sixth Circuit Considers Rejection of a Filed Power Purchase Agreement Image

Sixth Circuit Considers Rejection of a Filed Power Purchase Agreement

Andrew C. Kassner & Joseph N. Argentina Jr.

The provisions of the Bankruptcy Code sometimes conflict with other federal laws and regulations. The Sixth Circuit Court recently considered whether an energy company debtor could reject a power purchase agreement as an executory contract that had been filed with the Federal Energy Regulatory Commission (FERC)

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