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Features
In a stunning victory for the Obama administration, the U.S. Supreme Court on June 29 upheld the centerpiece of the nation's new health care law ' the so-called individual mandate to buy insurance ' as a constitutional exercise of Congress' taxing authority.
Features
The naughty five-year-old Japanese comic-book character Crayon Shinchan would tell foreign trademark owners that although foreign trademarks ultimately receive legal protection in China, pragmatic owners must be mindful of the time and costs involved.
Features
Although the Supreme Court's decision in <i>Kappos v. Hyatt</i> addressed the Patent Act specifically, the decision may have implications for cases brought in district courts to challenge decisions of the Trademark Trial and Appeal Board. The <i>Kappos</i> decision may also encourage defendants to continue pushing against the "clear and convincing evidence" standard for obviousness challenges based on prior art not considered by the PTO during examination.
Features
There are two aspects to the law in New York ' one prohibiting prosecutors or others from compelling one spouse to testify against the other, and the other permitting a spouse to preclude the testimony even of a willing witness spouse. It is this second potion of the law that we will be concerned with.
Features
Hedge fund valuation presents several challenges in the field of business valuation for the purposes of equitable distribution.
Features
Few courts have fully or accurately grasped the realities of how physicians receive information about the drugs they prescribe and, correspondingly, how the learned intermediary doctrine should affect the <i>Mensing</i> preemption analysis.
Features
This article discusses the current electronically stored information (ESI) law, the impending ESI crisis in arbitration, and how resolving office, industrial and retail claims through alternative dispute resolution helps to corral the burdens of ESI discovery for developers, owners, property managers and contractors by managing ESI with specific agreements, guidelines and rules.
Features
Several decisions issued by federal Courts of Appeal in the past few years suggest that the Computer Fraud and Abuse Act is a truly viable option for employers aggrieved by employee data theft. This article focuses on this group of cases.
Features
Pharmaceutical companies scored a major victory on June 18 when a divided U.S. Supreme Court held that the industry's sales representatives are not eligible for overtime pay.
