Features
Obstacles to Settlement of Land-Use Disputes
Article 78 proceedings between landowners and municipalities are a staple for New York's court system, often reaching the Appellate Division on disputes that seem insignificant to the outside observer.
Features
IP News
Highlights of the latest intelletual property news from around the country.
Features
First Sale Doctrine Gets Multiple Views in Ninth Circuit
Recently, there has been a spate of Ninth Circuit rulings on the first sale doctrine ' all of which have implications for the entertainment industry ' from application of '109(a) to computer software buyers, to imported goods, and to promotional CDs that record companies send to disc jockeys and music critics.
Features
The 25% Rule Is 100% Out Under Federal Circuit's Uniloc Decision
In a case with practical implications for all patent litigants, the Federal Circuit recently rejected the use of the 25% rule to establish a baseline royalty rate to determine patent infringement damages.
Seeking Disability After Losing a Medical License
If a doctor carried disability insurance and can show that the malpractice that led to the loss of his or her license resulted from a mental or physical impairment, he or she may be able to collect payments from the insurer.
Privacy Policies and Data Collection
The conflict between marketers' targeted use of personally identifiable information and respect for consumers' personal privacy will be at the forefront of regulatory efforts this year.
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MOST POPULAR STORIES
- 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 ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›