Features
Pay Proportional to Performance
Pay Proportional to Performance is an important guiding principle underlying good compensation decisions. Individual firms will select different compensable criteria and weigh them according to their specific views. Good judgment will bring the principle alive.
A Firm's Future Depends on Selection of Partners to Serve As Managers
This article describes some approaches for selecting partners to manage administrative and substantive areas of a law firm's practice practice.
Features
IP News
Highlights of the latest intellectual property news from around the country.
The Domestic Industry Requirement at the ITC
The domestic industry requirement at the International Trade Commission has two prongs, one economic and the other technical. Two recent decisions of the ITC examine the economic prong in different factual contexts.
Features
Trademark Issues
The U.S. District Court for the Central District of California recently entered a preliminary injunction against a former franchisee, where the franchisor had repeatedly notified the franchisee of various deficiencies, and the franchisor ultimately terminated the franchise agreement.
What Canada's New Anti-Spam Legislation Means for Franchisors
Canada will soon have the dubious distinction of having what many believe is the most onerous and comprehensive anti-spam legislation in the world. Franchisors' relationships with customers and with their franchisees will be affected.
Features
A Cautionary Tale: Reinsurer's Bad Faith Disavowal of Agreement Leads to Multiple Damages, Attorneys' Fees
Judge Nancy Gertner of the U.S. District Court for the District of Massachusetts recently entered a judgment against a reinsurer, its controlling officer and the reinsurer's intermediary in the amount of $4.1 million for breach of contract, $4.1 million for double damages, $2.6 million for attorneys' fees and $1.6 million for prejudgment interest.
Features
The Calm Before a Storm of Claims: Identifying and Preserving Insurance Coverage for Hurricane Irene-Related Losses
Businesses that have suffered losses because of Hurricane Irene may have substantial financial protection through their insurance policies.
Waging Trademark War Against 'i-Pirates'
Trademark infringers have preyed on the fertile software marketplaces opened by companies like Apple and Google by offering apps for download under names that are identical or confusingly similar to other well-known brand names. There are strategies trademark owners can employ to gain the upper hand in the fight against infringement.
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- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
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- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead More ›
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