Features
U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO
In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO's new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys' fees, does apply to this statute.
Features
The Trademark That Got His Goat
In a recent trademark cancellation case that has drawn "human interest" attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not "kidding" when he expressed his opinion that the registered mark, described as "goats on a roof of grass," is demeaning to goats which, in turn, is offensive to him.
Features
Data Breaches: Adding a New Layer to the Risk of Legal Malpractice
Those in the legal profession are not immune to a data breach. What's more, ethical obligations put lawyers and law firms at even greater risk for significant business, financial and reputational harm should they experience a cyberattack. Attorneys have both an ethical and legal duty to take reasonable steps to protect their clients' personal sensitive data against a cyberattack, or face serious ramifications.
Columns & Departments
Co-ops and Condominiums
Business Judgment Rule Protects Parking Fee Determination
Features
Examining the Interplay Between Exculpation Clause and Fiduciary Duty
In the case of In re Solutions Liquidation, the U.S. Bankruptcy Court for the District of Delaware adjudicated a motion to dismiss filed by the debtors' former managers and officers in connection with the breach of fiduciary duty complaint filed against them by the trustee of the debtors' liquidating trust.
Features
Why Accountability in Law Firms Is So Challenging
In an era of "what's in it for me," leaders seeking to ensure the long-term well-being of the firm and its talent often find change initiatives especially challenging.
Features
Strategies to Avoid or Reduce Billing Rate Discounts
For a large portion of engagements, discounts are not necessary to win the work. In fact, discounts come at a price. Both parties assume a degree of risk when margins are thinned. This article presents several techniques that you can use to re-direct discussions away from discounts and help to minimize their financial impact.
Features
Jury Award in 'Walking Dead' Stuntman Fatality Suit
A Gwinnett County, GA, jury awarded $8.6 million to the family of a stuntman killed during the production of a Walking Dead TV-series episode in 2017.
Columns & Departments
Business Crimes Hotline
Former Barbados Government Official Convicted on U.S. Money Laundering Charges Following Insurance Company of Barbados FCPA Settlement
Features
High-Street Retail in an Adjustment Phase
High-street retail is going through an adjustment period, but for properties that check the right boxes, there are still active buyers. In some cases, even bidding wars.
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