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In multidistrict litigation ('MDL') proceedings involving product liability claims, the choice of what law to apply continues to be a thorny issue. For instance, in <i>In re Ephedra Products Liability Litigation</i>, No. 04-1598 (S.D.N.Y) (the 'Ephedra MDL'), Judge Jed S. Rakoff of the Southern District of New York raised the question of whether the Restatement of the Law Third of Torts could be applied as the universal law applicable to all claims in the proceeding. <i>See</i> Case Management Order ('CMO') No. 4 at '11, July 9, 2004. Judge Rakoff later concluded, at the Sept. 10, 2004 Status Conference, that application of such a 'universal law' would be inappropriate. Such choice-of-law issues, however, remain problematic. That is so not only with regard to substantive law, but with regard to procedural law as well.
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Kazaa to Pay $100 Million In Settlement<br>Congress Passes Bill Limiting Online Wagering <br>Web Wagering Faces Clampdown with Major Arrest<br>Music Industry Prepares Lawsuit against Yahoo China
Eleventh Circuit Sides with Amazon.com in Right of Publicity Suit<br>Ninth Circuit Finds No Purposeful Availment to Effect Personal Jurisdiction<br>U.S. District Court Denies Cybersquatting Injunction
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When Joseph Siino came on board as Yahoo Inc.'s first Vice President of Intellectual Property, the company needed to keep up with Google and Microsoft in transforming from Internet portal to global digital media company. It needed to use its technology patents to generate and distribute media content from its site.
Internet gambling is illegal when the activity occurs in a state that outlaws gambling. Today, federal prosecutors rely upon various statutes enacted before the widespread use of the Internet.
Features
These days, it seems like everyone has a blog. You can start one with almost no overhead, and the online publishing possibilities seem endless ' and yet most lawyers still don't blog.
The filing of a defamation lawsuit against the owner and operator of an Internet forum is raising questions about First Amendment rights versus the right to privacy.<br>Pittsburgh attorney Todd Hollis filed a lawsuit in Pennsylvania state court, alleging his reputation is being harmed by comments posted by purported ex-girlfriends on the Web site dontdatehimgirl.com.
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Strong words: KPMG refused to pay its employees' legal fees because prosecutors held a 'gun to its head,' and the government thus 'violated the Constitution it is sworn to defend.' This statement from U.S District Judge Lewis A. Kaplan in the KPMG tax shelter case has shaken the foundations of corporate prosecutorial policy. <i>United States v. Stein et al.</i>, 2006 WL 1735260, (S.D.N.Y. June 26, 2006).
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An excellent time to provide training to a client organization is when the client asks for guidance on IP strategy. In many cases, a client develops an IP strategy due to the desire to approach a specific business need in a planned and proactive manner. This specific business need can be, for example, a new invention, a new competitor, or a new development with another company.
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When drafting an assignment or litigating a case for a client who owns a patent by way of an assignment, many lawyers assume that an assignment giving the assignee 'all rights, title, and interest' allows the client to completely step into the shoes of the assignor. A patent assignment that purports to convey 'all rights' of the assignor, however, does not convey the right to sue for past infringement without an express provision granting the assignee this right.
