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Features

Court Watch Image

Court Watch

Cynthia M. Klaus & Susan E. Tegt

Highlights of the latest franchising cases from around the country.

Successful Mediation Tactics and Strategies Image

Successful Mediation Tactics and Strategies

Kevin Adler

A session at the International Franchise Association's 45th Annual Legal Symposium on May 20-22 in Washington, DC, addressed the key issues that franchise attorneys should consider prior to and during a mediation.

Managing 'Perfect Storm' Litigation for a Franchise System Image

Managing 'Perfect Storm' Litigation for a Franchise System

Jeffrey L. Fillerup & James A. Goniea

A franchise system may find itself in a no-win situation in which all potential solutions or avenues of escape lead to a result that is tantamount to death of the system: bankruptcy, closure of the system, or a dramatic change in the system's business and sources of revenue. This article provides 10 litigation management measures that outside counsel and the system should take to manage perfect storm litigation.

Individual Tax and Estate Planning for Lawyers Image

Individual Tax and Estate Planning for Lawyers

Jacob Weichholz & Ira S. Herman

President Obama's proposed budget for fiscal year 2013 includes a number of provisions that would impact individual taxpayers, especially partners in law firms and other high'net-worth lawyers.

June issue in PDF format Image

June issue in PDF format

ALM Staff & Law Journal Newsletters

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IP News Image

IP News

Jeffrey S. Ginsberg & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added Image

Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added

Angie M. Hankins

In <i>Marine Polymer Tech., Inc. v. HemCon, Inc.</i>, No. 2010-1549, 2012 WL 858700 (Fed. Cir. March 15, 2012), a majority found that intervening rights only arise as a result of re-examination when a claim has been amended or added during the re-examination, even though the issue was not considered below.

Damages Soar from False Advertising About Skydiving Image

Damages Soar from False Advertising About Skydiving

Kyle-Beth Hilfer

In March 2012, the Ninth Circuit in <i>Skydive Arizona, Inc. v. Quattrocchi, et al.</i> upheld a $6.6 million judgment for trademark infringement, false advertising, and cybersquatting, while overturning the district court's doubling of actual damages. The opinion succinctly outlines appellate review standards while offering insights into how to prove a Lanham Act and cybersquatting case.

Federal Circuit Unravels Aventis' Tangled Web in Affirming Inequitable Conduct Finding Image

Federal Circuit Unravels Aventis' Tangled Web in Affirming Inequitable Conduct Finding

Frederick L. Whitmer

At the time of the <i>Therasense</i> decision there was some question as to just how stringently the Federal Circuit would adhere to the nominal standards for common law fraud. <i>Aventis Pharma S.A. v. Hospira, Inc.</i> appears to answer that question for both patent prosecutors and litigators.

June issue in PDF format Image

June issue in PDF format

ALM Staff & Law Journal Newsletters

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