Online Search and the Law
Although U2's Bono praised the virtues of a constant search for the object of his desire in song, anyone looking online for needed business information certainly won't find that quest quite as romantic, or enjoy spending time and money for the privilege.
Features
Amended FRCP 26
Habitually filing <i>Daubert</i> motions for every opposing expert is not smart trial practice. Here's why.
Features
Court Restores $28 Million Punitives Award in HRT Case
The Pennsylvania Superior Court has restored the $28 million in punitive damages a Philadelphia jury awarded to an Illinois plaintiff who said drugmakers Wyeth and Pharmacia & Upjohn Inc. failed to warn her doctor of the risks of breast cancer from using hormonal drugs. The trial judge had reduced the punitive damages award to $1 million.
IP News
Highlights of the latest intellectual property news from around the country.
In re Construction Equipment
If the Federal Circuit affirms a lower court verdict holding a patent not invalid over a prior art reference, may the losing party ask the Patent Office to invalidate that patent via re-examination over the same prior art reference? In the case of <i>In re Construction Equipment</i>, the Federal Circuit answered yes, raising important issues bearing on the scope of the re-examination statute, the finality of judgments, and the relationship between the Patent Office and the federal judiciary under the separation of powers doctrine of the Constitution.
Lies, Damned Lies, and Addictions
As explained in the introduction last month, this article explores the role of addiction in product liability litigation. Part Two herein explains the medical model of addiction, and addiction in the courtroom.
Internet 2.0: Jurisdictional Risks in Today's Cyber World
With the explosion of the Internet in the last several decades, courts have struggled with whether tortious conduct on a website is expressly aimed at any, or all, of the forums in which the website can be viewed. Two recent Ninth Circuit cases expanded the reach of Internet jurisdiction and may carry significant implications.
Golan v. Holder: A Catalyst for Orphan Works Legislation?
On Jan. 18, 2012, the U.S. Supreme Court issued a 6-to-2 decision in <i>Golan v. Holder</i>, ruling that the Uruguay Round Agreements Act of 1994 — which restores U.S. copyright protection for certain foreign works formerly in the public domain — fits within Congress' constitutional authority to "adjust copyright law to protect categories of works once outside the law's compass." <i>Golan</i>, like <i>Eldred v. Ashcroft</i> before it, solidifies the constitutional authority of Congress under the Copyright Clause to control the terms and duration of U.S. copyright protection.
Features
Compensating Transition
Law firms spent the better part of two decades effectively extricating themselves from unaffordable, life-threatening unfunded retirement packages only to find they have few if any financial mechanisms available to incent retiring partners to actually transition their clients to the next generation, prior to retirement.
Disparate Impact and the ADEA
If a protected worker can show that an employer used a specific employment policy or practice within the decision-making process, which resulted in members of a protected class being less successful than unprotected workers (<i>i.e.>/i>, "adversely impacted"), the employer may be liable for discrimination.
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 ›