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.
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>
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.
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.
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.
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.
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.
Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.
