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Litigation

  • Federal Circuit Affirms Dismissal of Customer's Third-Party-Beneficiary Claim under First-to-File
    Supreme Court Applies Atlantic Marine Standard to Forum Dispute in Patent Case
    Claimed Inventions Falling within Prior Art Ranges Require Secondary Considerations to Show Nonobviousness

    December 30, 2013Howard J. Shire and Wyatt Delfino
  • As can be expected, bankruptcy cases often involve numerous claimants holding general unsecured claims against the debtor. As a result, an official committee is usually appointed under Bankruptcy Code section 1102 to represent the interests of all of the debtor's unsecured creditors. Upon approval of the bankruptcy court, Bankruptcy Code section 1103 authorizes the committee to retain attorneys, accountants and other professionals to assist it in performing its services during the course of the bankruptcy'

    December 20, 2013Veronique A. Urban and Ted A. Berkowitz
  • The collapse of a UK Bribery case is discussed.

    December 20, 2013ALM Staff | Law Journal Newsletters |
  • One of the most persistent problems encountered in e-discovery is that when all you have is a hammer, everything looks like a nail. As a result, in-house teams that have been subject to resource constraints and staff reductions must approach their litigation more thoughtfully and creatively than ever before. They need to establish an e-discovery "bucket list" that contains both new tools and basic processes to use when things go pear shaped.

    November 30, 2013David Boyhan and Sanjay Manocha
  • 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.

    November 30, 2013Keola R. Whittaker
  • LinkedIn Post Likely Did Not Violate Non-Compete Clause
    Virtual Currency Is Real Dough

    November 30, 2013ALM Staff | Law Journal Newsletters |
  • For decades, litigation was typically associated with large paper files piled on conference tables and oversized boxes being wheeled into courtrooms. The closest thing to technology that many people ever connected to litigation was a Dictaphone used to narrate notes for transcription.

    November 30, 2013Matthew Gillis
  • Franchisor's Operation of Online Store does not Violate Exclusivity
    Federal Court Declines To Enjoin Franchisee from Violating Non-Compete

    November 30, 2013Cynthia M. Klaus and Susan E. Tegt
  • A federal judge in Minnesota signed off on a hotly contested $50 million settlement between the National Football League and former players who said the league infringed their publicity rights. The ruling was a blow to a group of plaintiffs' lawyers who lodged objections to the deal, calling it inadequate.

    November 30, 2013Jan Wolfe