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Columns & Departments
The federal Fair Labor Standards Act allows employees to sue their employers for various employment-related causes of action. Courts in two recent cases have ruled that actions brought, pursuant to the FLSA, by franchisees and franchisee employees, sufficiently alleged that franchisors were "employers" to withstand motions to dismiss under Federal Rule of Civil Procedure 12(b)(6).
Columns & Departments
Federal Circuit Defines "By Means Of" <br>Doctrine of Claim Differentiation Insufficient to Overcome Plain Meaning of Claim Term<br>Patentee's Failure to Connect the Dots Insufficient, But Not Sanction-Worthy
Columns & Departments
Review of a case in which a husband was estopped from claiming that marital assets need distribution.
Columns & Departments
California Right of Publicity Claims Can Be Assigned<br>Invasion of Privacy Suit Against Greenberg Glusker Law Firm Found Time-Barred<br>Whither the Transformative Use Defense in Copyright Infringement Cases?
Columns & Departments
Federal Circuit Applies <i>Alice</i> to Invalidate Online Transaction Patent <br>Federal Circuit Finds 'Unobtrusive' and 'Does Not Distract' Indefinite<br>Federal Circuit: In Hatch-Waxman, Infringement Based Only on Final ANDA Product
Features
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, including amendments to Delaware's corporation and LLC laws.
Features
Copyright trolls are in the business of acquiring the right to bring lawsuits against alleged infringers and threatening to file copyright infringement claims in order to induce rapid settlements against large groups of defendants.
Features
Over the past 10 years, government investigations have become increasingly sophisticated in analyzing electronically stored information (ESI). Federal executive departments and agencies have made substantial investments in advanced analytical systems that help investigators and prosecutors filter voluminous amounts of incoming ESI. Respondents to Civil Investigative Demands (CIDs) must recognize that the information provided will be analyzed using these powerful tools.
Columns & Departments
Franchisor's Control over System Uniformity Insufficient to Show Vicarious Liability <br>Printed Names Without Signatures Satisfy Requirement That Personal Guaranty Be Signed
Features
in <i>Progressive Casualty Ins. v. Delaney,</i> the court sheds light on the reasons why parties have been reluctant to accept predictive coding, the need for cooperation and transparency with one's adversary, the resulting risks of this cooperation, and highlights a key debate over best practices ' whether search terms can be used to first limit the universe of documents before predictive coding is employed.