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Features

IPR Estoppel: The Present and the Future Image

IPR Estoppel: The Present and the Future

John P. Isacson

IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.

Features

EU Commission Alleges Video-Game Geoblocking Image

EU Commission Alleges Video-Game Geoblocking

Simon Taylor

The European Commission has charged Valve Corp., the owner of Steam video-game distribution platform, and five video-game publishers with breaking European Union (EU) competition rules through their use of geoblocking, which restricts access to digital content on a territorial basis.

Features

Should Trump's Foreign Policy Affect Criminal Prosecutions? Image

Should Trump's Foreign Policy Affect Criminal Prosecutions?

Robert J. Anello & Kostya Lantsman

Business has gone global. So too has business-related crime. In the interconnected business environment, white-collar criminal investigations and prosecutions frequently present cross-border issues and affect U.S. foreign relations. Indeed, in some recent high-profile cases, the Trump administration has implied that it sees law enforcement — or the lack of it — as one of the tools in its foreign policy arsenal.

Features

Fifth Circuit Blocks Fraudulent Transferee's Good Faith Defense Image

Fifth Circuit Blocks Fraudulent Transferee's Good Faith Defense

Michael L. Cook

"A … transferee [who] received fraudulent transfers with actual knowledge or inquiry notice of fraud or insolvency" loses any "good faith" defense available under the Texas version of the Uniform Fraudulent Transfer Act (TUFTA), held the Fifth Circuit in Janvey v. GMAG, LLC

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Rick Ross Defeats Trademark Suit over Mastermind Album<br>TV Host's Course of Conduct During Life Bars Estate From Getting His IP and Publicity Rights

Features

Best Practices for Social Media Advertising Image

Best Practices for Social Media Advertising

Amanda H. Wilcox

Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.

Features

What Has Merit Management Changed? Image

What Has Merit Management Changed?

Matthew Gold

It has been nearly two years since the Supreme Court upended the world of the Bankruptcy Code securities safe harbor with its decision in <i>Merit Management Group, LP v. FTI Consulting, Inc.</i>. For all of the speculation regarding its consequences, there have been few subsequent lower court decisions applying <i>Merit Management</i>, however those cases provide valuable guidance to practitioners facing safe harbor litigation as well as transactional lawyers looking to take advantage of safe harbor protections.

Columns & Departments

In the Courts Image

In the Courts

Surya Kundu

Seventh Circuit Distinguishes Between Truth and Truthiness

Columns & Departments

Upcoming Event Image

Upcoming Event

ssalkin

New York State Bar Association Entertainment, Arts &amp; Sports Law Section Annual Spring Meeting

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Zhiqiang Liu

Federal Circuit Declines to Follow Patent Office's Subject Matter Eligibility Guidance In Affirming Trial Court's Decision That Claims Are Directed to Patent-Ineligible Subject Matter

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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