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Social media postings can be submitted as trial evidence as long as the party introducing the evidence can demonstrate to the judge that a jury could reasonably conclude the postings are authentic, the Delaware Supreme Court has ruled.
Features
The focus on proportionality in high-profile cases such as <i>Apple v. Samsung</i>, coupled with the recent proposed amendments to the Federal Rules of Civil Procedure are driving attorneys to reevaluate the methods by which they uncover crucial electronic evidence for a case.
Features
Most law firms now proudly proclaim that they have implemented efficient and secure document management systems, systems in which they have invested significant dollars and even more in "sweat equity." The end goal of these systems is to ensure that all documents are stored securely, and perhaps more importantly, can be found quickly and easily.
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Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.
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Technological advancements have dramatically improved the speed, capabilities and, in most cases, the cost-effectiveness in which deposition, discovery and pre-trial services are provided. Companies that have embraced the latest developments in jury research and selection technology ' particularly social media monitoring tools ' are best situated to thrive in the current environment.
Columns & Departments
Supreme Court Overturns Burden-Shift in Non-Infringement Judgment <br>Federal Circuit Clarifies Rules for Patent Term Extension<br>Federal Circuit Confirms That All Members of a Priority Chain Must Recite Full Lineage
Features
A recent Supreme Court decision overturns both the United States District Court for the District of Western Texas and the U.S. Court of Appeals for the Fifth Circuit.
Columns & Departments
Analysis of a key case.
Features
Celebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.
Features
Many battles have been fought in courtrooms across the United States over the unauthorized Internet sharing of copyrighted books, music, movies and television shows. These include disputes over increasingly more sophisticated software products and websites that appear designed to respond to the latest court rulings over the scope of the DMCA "safe harbor" protections and the elements required to establish secondary copyright infringement liability.