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Features

Increased Scrutiny for <I>Cy Pres</I> Provisions in Class Action Settlements Image

Increased Scrutiny for <I>Cy Pres</I> Provisions in Class Action Settlements

Joshua L. Becker & Brad M. Strickland

Despite the popularity of utilizing the <I>cy pres</I> doctrine and its benefits, courts are reviewing class-action settlement agreements that provide for <I>cy pres</I> payments with increased scrutiny.

Features

Tactical Considerations for Patent Owner Responses in IPRs Image

Tactical Considerations for Patent Owner Responses in IPRs

Susan Perng Pan

U.S. Patent Office statistics show that the PTAB has found at least one claim of a challenged patent to be unpatentable in over 80% of IPRs. Given these odds, and the fact that institution of an IPR is not appealable, a patent owner's best shot at preserving its patent rights intact is to defeat institution of the IPR trial in the first instance.

Features

Opt-Out Incentives: The Ins and Outs Image

Opt-Out Incentives: The Ins and Outs

Julia M. Vander Weele

As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage.

Features

Books Rights Win For Daughter of Steinbeck's Widow Image

Books Rights Win For Daughter of Steinbeck's Widow

Ben Hancock

Susan Kohlmann, managing partner of Jenner & Block's New York office, has secured a shutout win for the stepdaughter of John Steinbeck in the latest installment of a long-running legal feud over book rights that has divided the late author's progeny.

Features

New Sources of Discoverable Evidence Image

New Sources of Discoverable Evidence

Michael Ciaramitaro

<b><I>Part One of a Two-Part Article</I></b><p>Personal assistants, fitness trackers, and automotive black boxes are among the devices whose data and metadata may have big impact in legal cases. Here's why.

Features

Defamation and the Disgruntled Defendant Image

Defamation and the Disgruntled Defendant

Janice G. Inman

<b><I>Part One of a Two-Part Article</I></b><p>Analysis of a recent case in which a company, publicly accused by a plaintiff's lawyers of using non-FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys. The decision in the appeal offers some insights into what kinds of allegations may be publicized, and in what circumstances, when a product liability charge is brought.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ljnstaff & Law Journal Newsletters

A look at two interesting cases.

Features

Third-Party Litigation Funding Image

Third-Party Litigation Funding

Jonathan Friedland, Elizabeth Vandesteeg & Jeffrey Goldberg

Third-party litigation funding is a relatively new, but rapidly expanding litigation financing vehicle. According to the authors, general counsel and commercial litigators would be well served to understand the changing landscape regarding the scope and potential uses of such funding.

Features

Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal Image

Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal

Zach Warren

<b><i>With Massive Jury Rewards and the DTSA Encouraging Federal Litigation, Trade Secrets Litigation Is Seeing a Surge in the Tech Industry</b></i><p>These days, many of the big IP litigation battles involving companies like Facebook, Uber, and Epic, have nothing to do with patents, trademarks or copyrights at all. Instead, it's all about the perhaps forgotten part of IP: trade secrets.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Investment Firm Can Proceed Against Artist in Litigation Funding Dispute

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