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When negotiating non-competition, non-solicitation and non-disclosure agreements, there are many issues that should be taken into consideration, regardless of whether counsel is given to the employer or employee. For example, is the agreement or restrictive covenant necessary to protect the employer's legitimate business interests? Is the agreement supported by adequate consideration? Is the restrictive covenant reasonably limited as to time and geographical location in which the conduct is prohibited? What law will apply to the agreement?
Features
Highlights of the latest intellectual property news from around the country.
Features
Internet interviewing will undoubtedly become the norm over the next decade. Being familiar with the ways to enhance its reliability and validity will be necessary to create scientifically valid, controlled, and reliable studies that can be used in Lanham Act litigation.
The doctrine of copyright misuse is a fairly recent development in copyright law. Since it was first recognized less than 20 years ago, the judicially created doctrine has emerged as a valid defense in at least several circuits, while other courts have been reluctant to accept it.
Features
On Aug. 1, 2007, the U.S. Patent and Trademark Office ('USPTO') issued a final rulemaking action titled 'Miscellaneous Changes to Trademark Trial and Appeal Board Rules' (the 'Amendments'). This article summarizes the most significant Amendments affecting Board <i>inter partes</i> proceedings.
Whether the ends justify the means is a question that arises in many areas of the law. One such debate is brewing with respect to legal protections for anonymous whistleblowers.
Features
Franchise attorneys are quite familiar with management buyouts ('MBOs') and have perhaps assisted or consulted in such transactions. Now comes along a new phenomenon in international franchising: master franchisee buyouts ('MFBOs'). An introduction to MFBOs follows, using examples of two recent transactions.
Features
Recent national rulings of interest to you and your practice.