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Highlights of the latest intellectual property news from around the country.
A recent federal court ruling, <i>National Association of the Deaf v. Netflix, Inc.</i>, held that California's state disability rights laws applied to a website, despite the absence of a bricks-and-mortar store nexus. Instead, the National Association for the Deaf (NAD) pursued the accessibility under the Americans with Disabilities Act (ADA) of a "website only" firm with no real-world presence ' Netflix.
In <i>In Re Bill of Lading Transmission and Processing System Patent Litigation</i>, the Court of Appeals for the Federal Circuit held that Form 18 of the Federal Rules of Civil Procedure governs the required specificity when pleading direct patent infringement.
While on the surface the <i>Rosetta Stone</i> opinion might seem to be a public rebuke of the merits of Google's AdWords program, on closer scrutiny it is clear that the Fourth Circuit's opinion is more properly read as a reprimand of the district court, which, according to the Fourth Circuit, improperly mixed its standards of review and made a hash of the functionality doctrine in the process.
The emerging requirements for preservation solutions have created a two-fold need: identifying process solutions and the technology to support them. Fortunately, the market has seen growth in offerings aimed at meeting social media preservation strategies. This article explores some of these developments and provides a set of basic considerations to evaluate when assessing the technology.
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How to achieve equitable relief under I.R.C. ' 66(c).
As networkers blog about everything from the banal to the ridiculous, sifting through the social media landscape for brand protection intelligence can seem like a task of Herculean proportions. While some postings are retweeted like wildfire, garnering global exposure, others sit buried and largely unread. However, if brand owners get it right, they are sitting on a gold mine of information.
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Unfortunately, the role of attorneys does not end with the entry of a divorce judgment. They are frequently faced with client requests to enforce their rights to receive the assets and/or support awarded in the judgment.
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To achieve the goals of the new ERISA laws, participants and sponsors will have access to more information which will increase the responsibility of plan sponsors to act upon the information received.