Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Read More › Features
Copyright vs. Trademark Claims
Colleen Bal
&
Evan M. W. Stern
Whatever one thinks of the ruling in <i>Fleischer I</i>, the decision serves as an important reminder of something for which it has received little attention: its careful consideration of the distinctions between copyright and trademark protection.
Features
The RAND Modified Hypothetical Negotiation
Mark A. Chapman
&
Rose Cordero Prey
On April 25, 2013, Judge James L. Robart of the Western District of Washington publicly issued his Findings of Fact and Conclusions of Law from the November 2012 bench trial in <i>Microsoft Corp. v. Motorola, Inc., et al.</i>
Columns & Departments
Court Watch
Cynthia M. Klaus
&
Susan E. Tegt
Highlights of the latest franchising cases from around the country.
Columns & Departments
Cameo Clips
Stan Soocher
Online Infringement/Class Action Issues<br>Trademark Infringement/Fictional Products<br>True-Life Depictions/In TV Programs
Features
The Reality of Virtual ADR
Jonathan Bick
While Internet applications of ADR are neither technologically nor legally restricted to disputes arising out of Internet transactions, it seems to be particularly suitable for the resolution of e-commerce disputes when parties are frequently located far from one another.
Columns & Departments
Bit Parts
Stan Soocher
Jury Instructions for Implied Contract Cases<br>No Safe Harbor for Uploads of Pre-1972 Sound Recordings
Columns & Departments
IP News
Howard J. Shire
&
Bradley Roush
Highlights of the latest intellectual property news from around the country.
Features
Lenz Lawsuit Dances to a Fair Use Tune and Heads for Trial
Kyle-Beth Hilfer
A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.
Features
Relearning the Learned Intermediary Doctrine
Brian Raphel
Although the learned intermediary doctrine dictates that a drug manufacturer's duty to warn is owed to the doctor, rather than the patient, informing the doctor of the risks may not always be sufficient to guard against liability.
Features
To Call or Not to Call
Philip M. Busman
&
Michael L. Junk
This article briefly examines the controversial topic of ex parte contacts, and describes how such contacts were successfully employed to obtain summary judgment in two separate cases pending within the Aredia'/Zometa' mass tort litigation.
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