IP News
Highlights of the latest intellectual property news from around the country.
Features
Small Changes <i>Can</i> Lead to Expensive Consequences
Besides the many people in commercial sectors whose business model was decimated ' music sellers and travel agents, at the dawn of e-commerce, and, more recently, publishers of books and music ' sometimes that change can hurt any business and its people, and for no good reason.
Features
Discoverability of Social Network Information
In recent years, courts have come to varying conclusions as to the discovery of information posted on social networking sites.
Features
Litigation Support for Information Governance
The treatment of personal identifiable information (PII) is quickly becoming an increasingly critical issue and should be on litigation support's risk and information governance agenda.
Case Study: Foley Hoag's Social Media Marketing Distinguishes a Hot Practice
How this 250-lawyer firm boldly raised its profile.
Features
Another Turn in the Path to Patentability
In <i>Mayo Collaborative Services v. Prometheus Laboratories, Inc.</i>, the Supreme Court held that a method claim that does nothing more than restate a law of nature and add conventional steps cannot be patentable. At first glance, this may not sound remarkable, but upon closer inspection this holding has the potential to dramatically change patent law for decades to come.
When Can Brand Owners Demand 'Show Me the Money'?
Solely because of a technical amendment to the Federal Trademark Dilution Act to ensure that damages for dilution are only available when a defendant acts in bad faith, damages previously not available in an ordinary infringement case are now available.
Features
When Settlement Is the Best Option
Too many defense counsel and their clients fixate on the early stages of the client's reaction to a product liability lawsuit ' denial or anger. They do so without evaluating the final stage ' acceptance
Practice Tip: Dead in the Water?
The admissibility of a coroner's or medical examiner's conclusions should not be assumed, because their conclusions may not satisfy the <i>Daubert</i> or applicable state court standard.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
