LJN Newsletters

  • A Review of the ITC and the Recent Increase In Filings

    Practitioners before the International Trade Commission have noted a substantial increase in the number of filings and Section 337 investigations over the last several years. In addition to providing possible reasons for that substantial increase, this article provides an overview of IP-related investigations at the ITC, and explores the success rate of the complainants over the respondents in the ITC. Finally, this article considers whether the ITC will be "a victim of its own success," following the pattern of the Eastern District of Texas and the Eastern District of Virginia.

    September 29, 2008Rel S. Ambrozy and Matthew T. Bailey

  • Case Briefs

    Highlights of the latest insurance cases from around the country.

    September 29, 2008Frank J. DeAngelis

  • 'Late Notice' under Liability Policies: California Law

    Liability insurance policies typically contain provisions requiring that an insured notify the insurance carrier "as soon as practicable" of a claim or loss that potentially might be covered by the policy. If there is any delay in providing notice, an insurance carrier may deny coverage, or at least reserve its right to deny coverage. However, there are many situations in which a delay in notice, even if not excusable, will not result in a loss of coverage.

    September 29, 2008Kirk A. Pasich

  • Challenging Postjudgment Garnishment Actions Against Insurers

    Part One of this article discussed garnishment statutes and the potentially significant exposure to insurers created by postjudgment garnishment actions. This final installment addresses response strategies and substantive defenses.

    September 29, 2008Donald O. Johnson, Seth F. Kirby and Kristin H. Landis

  • IP News

    Highlights of the latest intellectual property news and cases from around the country.

    September 29, 2008Matthew Berkowitz

  • Taming the Tenant's Form of Lease: Common Landlord 'Fixes'

    Part One of this article discussed some of the major landlord "fixes" often required when working from a tenant's form of lease, i.e., remeasurement, rent, taxes, tenant self-help, default, mitigation, assignment, subordination, and estoppels. This conclusion continues the discussion with additional "fixes."

    September 29, 2008Myles Hannan

  • Danger Ahead

    The word "caution" should be the watchword when taking on a dual The act of "defending the witness' interests" by taking on his/her limited representation may leave counsel with real ethical dilemmas and even perhaps a legitimate disqualification motion.

    September 29, 2008Cal R. Burnton

  • The Impact of the Internet on Strict Product Liability Law

    Strict product liability emerged in the 1960s and 1970s as a potent force shaping the way product manufacturers do business in America. Although the relevant common law of each state has been modified from time to time since its inception, the basic parameters of the theory have been settled for some time. Now, however, market conditions are changing dramatically, and the law is likely to change with it.

    September 29, 2008Sarah L. Olson

  • Havana Central: Tort Liability and Holdover Tenants

    A recent split decision by a New York appellate court upholding an incoming tenant's claim against a prior tenant for failing to vacate premises at the expiration of its lease has generated substantial comment and bewilderment in the real estate bar.

    September 29, 2008Gerald M. Levine