Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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Index
ALM Staff
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Law Journal Newsletters
Everything contained in this issue, in an easy-to-read format.
Features
Uses of Athletes' Persona and Related Indicia Raise Many Intellectual-Property Issues
Stan Soocher
The value of athletes' personas and related indicia is a bedrock component of the sports industries. Merchandising and endorsement deals date back decades. But this tradition hasn't meant a smooth ride today. Disputes over athlete indicia are as common as those for entertainers. An examination of several court rulings from the past few weeks demonstrates common claims and defenses over licensed and unlicensed uses.
Features
Divided and Conquered? The Precarious Standing of Patent Licensees
Jonathan B. Tropp
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Alexander ('Lex') Paulson
This article discusses three recent Federal Circuit rulings that have set important new guidelines for which kinds of licensees will have independent standing to sue infringers, which will be compelled to join their patentees, and which will be left out in the cold.
Features
Pleading Standards in Patent Litigation After Bell Atlantic Corp. v. Twombly
Yekaterina Korostash
<i>Bell Atlantic Corp. v. Twombly</i>, a recent Supreme Court decision which addressed the sufficiency of pleadings for a claim under Section 1 of the Sherman Act, has prompted defendants in a wide variety of actions, including patent cases, to file motions urging district courts to apply the 'new' Twombly pleading standard to dismiss the actions against them.
Features
Extra-Judicial Opinions: The Argument Against a Fifth Daubert Factor
Lawrence Goldhirsch
Although the Ninth Circuit did not rule that extra-judicial circumstances should be added to the four Supreme Court Daubert 'factors,' there is, nevertheless, superficial support by some courts in dicta that <i>Daubert II</i> held that an extra-judicial opinion is more reliable than one born out of the litigation. A closer look at this idea will reveal it is not one that should be adopted as a factor.
Features
Consumer Fraud Actions: The Applicability of the Learned Intermediary Doctrine
Lori G. Cohen
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Shirley Lee
There is much uncertainty surrounding if and how well-established defenses to traditional product liability claims will translate in non-personal injury consumer fraud actions. At the forefront of this uncertainty is the applicability of the learned intermediary doctrine in consumer fraud actions involving pharmaceuticals or medical devices.
Features
Verdicts
ALM Staff
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Law Journal Newsletters
Recent rulings of interest to you and your practice.
Features
Microsoft Sues Auction Site Users For Counterfeiting
John Pacenti
Microsoft is moving against alleged counterfeiters who use online auction sites like PriceGrabber.com and eBay to sell software that is packaged to look like the real thing, but is far from it.
Features
Band Name Dispute Over Recording and Concert Uses
John Pacenti
The Miami girl group Expos' ruled the charts in the 1980s, turning out a multiplatinum album and numerous hits, including the No. 1 single, 'Seasons Change.' But some things never change. Turmoil with management roiled the group during its hey-day, and rancor has returned now that the trio is on a popular reunion tour, riding high on 1980s dance nostalgia. The singers have been sued to stop using the name Expos' after breaking with promoters in August, just months before the music group's trademark licensing agreement was set to expire.
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