Features
Reining in the Inequitable Conduct Defense
Responding 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.
Real Property Law
A look at recent key rulings of importance to you and your practice.
Yellowstone Injunctions Are Applicable to Residential Leases
In the Second Department, tenants who miss the deadline for the application of Yellowstone injunction are now out of luck ' Article 63 is no longer a viable option.
Obtaining Evidence from Social Networking Sites
If an attorney (or his or her agent) uses trickery to gain access to data that the owner allows only certain people to see, the ethical line will be crossed. Ultimately, if an attorney suspects that private data could be useful to the litigation of a family issue, court intervention should be sought.
Creating a Catalyst For Change
Like many other companies, Rockwell Automation wanted to become more cost-efficient, have the capability to perform benchmarking, make the best staffing decisions and serve our business proactively by providing legal advice that helps lower and manage the company's risks. However, our inability to monitor and report on our outside counsel spending was holding us back from meeting these goals.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›