Features
Valuing a Celebrity's Right of Publicity
Unlike patent, trademark and copyright law, rights of publicity are governed by a patchwork of state statutes and common-law decisions, rather than by a single federal statute. And unlike trade secret law, rights of publicity are not subject to a uniform state law adopted in the vast majority of states. But as with valuing other intellectual property assets, right of publicity (ROP) valuations need to consider the unique characteristics of the subject asset and the context of the valuation.
Features
Decisions of Interest
In-depth analysis of recent key cases.
Features
Another Brick in the Wall: Application of the Pollution Exclusion to Chinese Drywall Claims
The Supreme Court of Virginia recently held that insurance coverage for Chinese drywall claims could be denied under a pollution exclusion. As the first state supreme court to rule on the issue, the Virginia Supreme Court's analysis, as set forth in its ground-breaking decision, could potentially be followed by other courts in Chinese drywall coverage litigation and create a significant hurdle to policyholders seeking coverage.
Features
Disparagement By Implication: Does an Insurer Owe a Duty to Defend?
Two conflicting California appellate court decisions issued this year highlight the difficulty of determining when an insurer owes a duty to defend disparagement by implication claims. This article discusses the two divergent California decisions, as well as fact patterns that courts have generally agreed are (and are not) implied disparagement claims triggering an insurer's duty to defend
Features
From Banker Box to Jury Box: How to Get Your Exhibits Ready for Trial Presentation
Back in the analog days, a parade of lawyers and paralegals would march into the courtroom right before a trial started, carrying dozens of bankers' boxes filled with documents and other evidence. Now, a trial presentation technician walks into the courtroom carrying just a laptop, but one loaded with a trial exhibit database that contains the equivalent of hundreds of bankers' boxes of material.
Features
Internet Memes and Intellectual Property Risks
Internet memes ' those attention-getting images, videos, and catchy phrases that whip across the Internet via e-mail and social media ' have long been a part of online culture. But while a corporate strategy of exploiting memes can be highly entertaining and can capture consumers' attention, using these online assets can be risky if intellectual property rights are infringed in their dissemination.
Features
Applying Patent Teachings in Product Liability Cases
In a product liability design defect action, evidence establishing the defectiveness of a product is paramount to a plaintiff's case. Conducting a patent search and an investigation of the state of the patent art may yield fruitful evidence regarding the defect or relative safety of the product at issue in a product liability action. But first some background to set the environment for how patents become patents.
Features
International Cooperation in the Regulation of Nanotechnology
This article provides a broad overview of the general approach taken by major countries in the field of nanotechnology. It also describes steps taken in international cooperation in this area and suggests possible areas of international regulatory convergence.
Features
Asbestos Payments Per Resolved Claim Increased 75% in the Past Year
An annual review of asbestos-related liabilities reported in companies' SEC filings, reveals that from 2010 to 2011, average payments per resolved claim increased 75%. Further review of the underlying data suggests that this increase in payments per claim is not due to a significant upward trend in asbestos liabilities. Instead, this increase can be explained by a change in the claim disease mix.
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