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
- 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 ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Do FL and CA Talent Agency Law Cover Social Media Influencers and Esports Talent?If the definition for "artist" under Florida's Talent Agencies Act applies to influencers and esports players, then likely a lot of unlicensed representatives are in violation of the state's statute — and the penalties are pretty serious.Read More ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?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 ›