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Features
On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.
Features
When artists take action over political-campaign settings, it's usually in the form of a cease-and-desist letter sent to a candidate's representatives. In some instances, artists file lawsuits, but to date there's been just a smattering of notable court decisions. This article provides a refresher on these rulings as well as a look at the recent lawsuit by the estate of Isaac Hayes over the Trump campaign's use of the classic soul song "Hold On, I'm Coming."
Features
In the view of many experienced practitioners, arbitration has morphed into a time-consuming process, often as expensive as litigation and has other shortcomings such as the non-appealability of the arbitrator's decision. Not so mediation which may be a materially better form of ADR.
Features
Courts have long acknowledged that searches of computers and other mediums storing electronic information (ESI) often involve a degree of intrusiveness much greater in quantity and in kind from searches of other containers. This article reviews some recent case law that spotlights this ever developing area of the law.
Features
For good reason, ordinarily courts are reluctant to admit statements of counsel as evidence in a criminal trial. Rulings in two recent high-profile local cases defy the common wisdom.
Features
A curated career involves deep reflection, intentional thought, and a vastly different set of questions than we currently ask ourselves in law school about how to choose a job. It is not a happy accident or a lucky break — it's the result of deliberate actions and choices that align with one's personal values.
Features
Appellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.
Features
In the fast-paced world of digital marketing, every click, share and engagement counts. Social media has become a vital tool for businesses to connect with prospects and clients, drive traffic to their websites and, ultimately, boost the bottom line. However, tracking the effectiveness of your social media efforts on a more granular level can be difficult.
Features
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Columns & Departments
Practical Location of Boundaries Doctrine Applicable Even When Deeded Boundaries Are Clear Restrictive Covenant Did Not Bar Above Ground Pool and Deck Questions of Fact Preclude Summary Judgment On Enforceability of Two-Year-Old Contract Adverse Possession Claim Fails for Failure to Prove Cultivation and Improvement