Features
Two Federal Courts Reject Medical Monitoring Class Actions
Recently, two federal courts rejected certification in three putative "medical monitoring" class actions that were brought against E.I. DuPont de Nemours and Company in West Virginia and New Jersey. These are significant rulings in the still developing field of "medical monitoring," and indicate the limits of class certification based on medical monitoring theories of recovery
Features
Proposed Amendments to Federal Rules Would Limit Expert Witness Disclosures
Rule 26 of the Federal Rules of Civil Procedure incentivizes a party's attorney to get creative in his efforts to prevent disclosure of his communications with the party's expert ... The results of the rule have been costly and often lead to the discovery of information that is only marginally relevant to any genuine issue in dispute.
Features
Federal Courts Adopt Narrow Constructions of Sarbanes-Oxley Legislation
A look at recent Federal Court decisions interpreting section 304 and section 1514A(a)(1) of SOX. These rulings may provide insight into how Federal Courts will apply any broad powers granted by a looming round of legislation.
Features
Ex-Heller Employees Sue Former Partners
Former employees of Heller Ehrman sued at least 179 former partners in April, demanding they fork over $32 million for the largest group of creditors in the defunct firm's bankruptcy. This article discusses the suit.
Features
The Leasing Hotline
Recent rulings of interest to you and your practice.
Features
In re TS Tech: The Aftermath
While the Eastern District of Texas remains today one of the busiest patent litigation venues in the country, it is clear that <i>TS Tech</i> has led to an increase in the percentage of cases being transferred out of the EDTX and a significant decrease in the number of new patent cases being filed there.
Features
Applebee's Cannot Sue over Internet Post Charging Harassment
A New Jersey judge has dismissed a defamation claim by an Applebee's restaurant franchisee against a man who wrote online of sexual harassment of female employees.
Features
Assessing Challenge To Damages in File-Sharing Litigation
The recording industry estimates that music piracy has cost it billions of dollars during the past 15 years. Facing the potential for an industry-wide collapse, the Recording Industry Association of America (RIAA) undertook its aggressive litigation campaign to protect itself and its constituents from copyright infringement by suing individual file sharers. After fighting a public relations battle over some of its tactics, the RIAA has chosen to temper its aggressiveness. The RIAA is instead forming relationships with ISPs that maintain the online accounts of the consumers.
Features
Counsel Concerns
Malpractice Suit Continues over Manilow Musical<br>Malpractice Suit/Lack of Specificity
Features
'Hold the Arbitration Clause, Hold the Attorney Fees!'
Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don't get to negotiate each clause, generally, are consumers and small-business customers ' and e-commerce buyers.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.Read More ›
- Beach Boys Songs Written Decades Ago Triggered Current Quarrel With LawyersThere's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›