LJN Newsletters

In one of the most closely watched trademark-related appeals in recent memory, In re Bose Corp., the Federal Circuit overturned the central holding of Medinol Ltd v. NeuroVasx Inc.. Specifically, the Federal Circuit disapproved of the Board's practice of finding fraud if a registrant or applicant "should have known" that a material representation to the PTO was false.

Part One of this article described the types of operating covenants. The conclusion herein explains the remedies for violating these covenants.

As the green lease is first and foremost a business relationship concerning occupancy of real estate, the remedies for enforcement of the "green provisions" should strike an acceptable balance within that relationship.

In a recent opinion issued by Chief Judge Scirica the Third U.S. Circuit Court of Appeals has clarified the hurdle height to "jump over" in order to obtain class action certification. In so doing, the court has both "ratified" and, at the same time, "put greater bite into" the trend of imposing a stricter standard for certification.

The federal securities laws authorize the SEC to provide the DOJ with evidence of violations of the securities laws. Because the SEC often shares information with the DOJ and the agencies frequently institute parallel enforcement actions, counsel must be vigilant to avoid the potential pitfalls such parallel proceedings may have for their clients.

In recent years, consumers, cellular telephone providers, and state attorneys general have sued companies and their marketing firms under the Telephone Consumer Protection Act ("TCPA") and state consumer protection laws to curb "text spamming." These suits can result in substantial settlements of millions of dollars relating to a single promotional campaign.

The authors says, "Many lawyers do not like the title of my latest book, 'The End of Lawyers?' And yet I am at pains to point out that my message is a mixed and not a negative one.

The dilemma confronted by corporate counsel involved in foreign litigation is whether to disclose personal information located in foreign countries with laws that severely restrict the processing and transfer of personal data and risk being punished there with civil and/or criminal penalties; or to filter out the personal data and risk being sanctioned in the U.S. for incomplete responses to e-discovery requests.