Refining the Pleading Requirements for Patent Infringement
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.
Much Ado About Standards of Review (But Not All That Much About AdWords)
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.
Social Media Data Preservation
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.
Features
The Community Income Reporting Rule
How to achieve equitable relief under I.R.C. ' 66(c).
Litigators Get (Anti-) Social in the Crusade For Brand Protection
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.
Features
Enforcement Remedies to Combat Default
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.
Features
Best Practices for ERISA ' 408(b)(2) Compliance
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.
Features
The FTC Act
The pitfalls of an inadequate privacy policy; an analysis of recent litigation.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
