Features
Attorney Fees Under ERISA
After broaching the issue in a nonprecedential opinion released last summer, the U.S. Court of Appeals for the Third Circuit suggested during arguments on Oct. 21 that it might soon answer definitively whether the catalyst theory for recovering attorney fees applies in ERISA cases.
Columns & Departments
Bit Parts
Complaint States Direct Infringement Claim Against Fan Websites Operator<br> Direct Seller WWE Wins <i>Ex Parte</i> Order for Stopping Merchandise Counterfeiters
Features
What Constitutes 'A Sale' and 'an Offer to Sell'?
The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.
Columns & Departments
IP News
Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained
Features
Proactive Information Governance
Information governance (IG) is how organizations tackle growing data volumes ' identifying what's important, what isn't, and what to do with it all.
Columns & Departments
Counsel Concerns
A Philadelphia-based litigation funding company is suing a California law firm and its client over the alleged failure to repay funds loaned to help support the client during his copyright suit against musical artist Usher and various record labels.
Features
<b><i>Online Special Report</b></i> 'No Need to Rush': As State Bans on Same-sex Marriage Continue to Fall, the Supreme Court Dodges the Issue (for Now)
On the first day of its new Term, the Supreme Court declined to take up any of the cases before it in which state same-sex marriage bans had been struck down by lower courts. To the surprise of many Court watchers, the Justices denied certiorari in the cases, which stemmed from the Fourth, Seventh and Tenth Circuits. As a result, same-sex couples were immediately able to marry in five more states: Indiana, Oklahoma, Utah, Virginia and Wisconsin.
Columns & Departments
Movers & Shakers
Movement among franchise attorneys and executives.
Columns & Departments
Verdicts
In-depth analysis of a recent ruling.
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