Intellectual Property Coverage Under CGL Policies
This article discusses the applicability of standard CGL policies to the most common types of intellectual property claims, namely, patent, trademark, trade dress, and copyright infringement.
First Circuit Ponders How Long Plaintiff Can Take to Serve Overseas Defendant
How much time should a plaintiff get to serve a defendant who has moved overseas? That was the issue before the U.S. Court of Appeals for the First Circuit during oral arguments on March 7.
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.
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MOST POPULAR STORIES
- 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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.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 ›
- 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 ›
- A Playbook for Disrupting Traditional CRMHere's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.Read More ›
