Features
Court Watch
Highlights of the latest franchising cases from around the country.
Successful Mediation Tactics and Strategies
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
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
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.
IP News
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
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
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
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.
Features
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
From Baby-Sitting to Child Custody: When Is a Person 'In Your Care' for Purposes of Homeowner's Coverage?
In the absence of a definition, courts have divided over whether the phrase "in your care" is ambiguous and should be read in favor of the insured and coverage, or according to its plain meaning as applied to the specific facts at issue.
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- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
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- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›