Features
Gathering Evidence in Qui Tam Actions
Even after making the difficult decision to blow the whistle on an employer by reporting FCA violations, a soon-to-be <i>qui tam</i> relator must often gather evidence to support his or her allegations.
Features
The Med-Mal Settlement and the Confidentiality Clause
A New Jersey court recently ruled that disclosure laws trump confidentiality clauses. A look at what this means for physicians and their legal advisers in New Jersey and beyond.
Returning Contra Proferentem to Its Roots
In addressing disputes involving contracts of insurance, insureds often argue that the court is obligated to construe any perceived ambiguity against insurers. The rules governing contract interpretation are, however, far more nuanced, and more even-handed.
NY Query over Same-Sex Marriage
This article examines the question of whether a judge can refuse on religious grounds to perform same-sex marriages.
Adultery and the Fifth Amendment
If you file a Complaint for Divorce, which is, after all, a civil action, can the party accused of adultery plead the Fifth Amendment to refuse to respond to inquiries that touch on the affair?
DOMA Challenge Raises Tricky Recusal Questions
A challenge to the Defense of Marriage Act (DOMA) is now the official property of the Ninth Circuit U.S. Court of Appeals. But the constitutional issues are not all the court must tackle.
Features
IP News
Highlights of the latest intellectual property news from around the country.
Features
Patentable Subject Matter After Bilski
The Supreme Court in <i>Bilski v. Kappos</i>, affirmed the long-standing maxim that laws of nature, natural phenomena, and abstract ideas are the only three exceptions to broad categories of patent-eligible subject matter. Two schools of thought in the Federal Circuit, one led by Judge Randall R. Rader and the other by Judge Timothy B. Dyk, have been competing for development and application of a framework to identify an abstract idea.
'CrackBerry' and Originality in Trademark Parodies
In <i>Research in Motion Ltd. v. Defining Presence Marketing Group, Inc. and Axel Ltd. Co.</i>, the Trademark Trial and Appeal Board addressed whether Defining Presence Marketing Group and Axel Ltd. could obtain trademark registrations for CRACKBERRY for various goods and services. Research in Motion, producer of the BlackBerry device, opposed the registrations based on a likelihood of confusion and dilution with its BLACKBERRY group of marks.
Features
The Enforcement of Jewish Marriage Contracts by Civil Courts
When Jewish parties who have had a religion wedding civilly divorce, can one party be compelled to grant a religious divorce? A look at recent litigation.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- New York's Latest Cybersecurity CommitmentOn Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.Read More ›
- INTERVIEWIn this exclusive interview with International Franchise Association (IFA) chairman Steve Siegel, Associate Editor Kevin Adler, asks about policy priorities for 2003, and other legislative and regulatory developments that affect the franchise industry.Read More ›
- Pension Plan Termination Premiums in BankruptcyIn a case of timely significance, the Second Circuit Court of Appeals has recently ruled that pension plan termination premiums are not "claims" subject to being discharged under a Chapter 11 plan, but rather, must be paid in full upon emergence from bankruptcy.Read More ›
- <b><i>Social Media Scene:</i></b> How Social Are Your Social Media Activities?The modifier "social" is supposed to separate social media from other forms of marketing and PR. But the tactic's social aspect is also the part that either prevents us from using it or from using it as the two-way communication tool it's supposed to be.Read More ›
- The 'Friendly Fraud' ChargebackThe abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.Read More ›