Bd. of Regents of The Univ. of Wis. v. Phoenix Int'l. Software, Inc.
By challenging the Trademark Trial and Appeal Board's decision to cancel its trademark registration for "CONDOR," the state of Wisconsin unintentionally waived its sovereign immunity and opened itself to a suit for trademark infringement by Phoenix International Software, Inc.
Seeing Red: The Reemergence of Aesthetic Functionality
Although some will see new threats to trademark owners and the licensing industry and others will see new opportunities, trademark owners using creative designs will surely take notice of two decisions this summer: <i>Fleischer Studios Inc. v. A.V.E.L.A. Inc.</i> and <i>Christian Louboutin SA v Yves Saint Laurent America, Inc.</i>
The Federal Circuit and Patent Eligibility in the Wake of Bilski v. Kappos
This article discusses Federal Circuit decisions on patent-eligibility issues following the Supreme Court's <i>Bilski v. Kappos</i> ruling.
<i><b>Case Study:</b></i> Managing e-Discovery In-House with Discovery Attender
As the person at Babst Calland responsible for the technical aspects of electronic discovery, I recognized early on that our mid-sized law firm was facing an ever-increasing amount of electronically stored information (ESI). This required us to review and improve our e-discovery tools and processes to address the challenges associated with collecting, searching and processing the growing volume of client data.
10 Questions About WestlawNext
As corporate clients continue to push back on legal costs and define client value, law firms are looking at technology to drive internal efficiencies and productivity to achieve these twin aims. Jaye Lapachet is the Manager of Library Services for the San Francisco-based law firm of Coblentz, Patch, Duffy & Bass LLP. In this Q&A, she discusses her application of WestSearch capabilities within WestlawNext and Folder Sharing, which she has found drive significant efficiencies and productivity.
Features
The ESI Race Heats Up
It's probably not a stretch to say that e-mail has been the single biggest factor in the creation of the electronic discovery industry as we know it today. e-Mail has been seen as almost synonymous with e-discovery, in many ways to the detriment of other valuable forms of ESI. But, that race has tightened up.
Features
Understanding Cross-references In Word 2010
Cross-reference is a powerful tool in guiding your reader to specific locations in a document. When using the Cross-reference feature, always keep the reader in mind and create those references to make navigating throughout the document as straightforward as possible.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Lending to an LLC? Think Twice and Draft Carefully
As it stands right now, under Delaware law, present creditors of insolvent LLCs have one less avenue to be made whole.
Features
PII: How New Technology Makes It Easier To Maintain Compliance
A study done at MIT found that 87% of the population in the U.S. could be uniquely identified by just three pieces of Personally identifiable information (PII): their five-digit zip code, gender and date of birth. This demonstrates that SSNs, while valuable, is not necessary to identify unique individuals.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.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 ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›