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.
May 31, 2012Kevin Adler
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.
May 31, 2012Jeffrey L. Fillerup and James A. GonieaPresident 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.
May 30, 2012Jacob Weichholz and Ira S. HermanHighlights of the latest intellectual property news from around the country.
May 30, 2012Jeffrey S. Ginsberg and Joseph MercadanteIn Marine Polymer Tech., Inc. v. HemCon, Inc., 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.
May 30, 2012Angie M. HankinsIn March 2012, the Ninth Circuit in Skydive Arizona, Inc. v. Quattrocchi, et al. 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.
May 30, 2012Kyle-Beth HilferAt the time of the Therasense decision there was some question as to just how stringently the Federal Circuit would adhere to the nominal standards for common law fraud. Aventis Pharma S.A. v. Hospira, Inc. appears to answer that question for both patent prosecutors and litigators.
May 30, 2012Frederick L. WhitmerHighlights of the latest insurance cases from around the country.
May 30, 2012ALM Staff | Law Journal Newsletters |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.
May 30, 2012Samantha EvansOn April 2, 2012, Johnson Controls and certain of its excess insurers filed simultaneous motions for summary judgment on the duty to defend issue in the Milwaukee County circuit court. The outcome of these motions will be of great interest to insurers since Johnson Controls is seeking to fundamentally change the role and function of excess insurance.
May 30, 2012Chet A. Kronenberg, Sarah E. Luppen and Colin H. Rolfs