Columns & Departments
IP News
Federal Circuit: Falsely Claiming That a Product Feature is Patented Can Give Rise to a False Advertising Claim Under the Lanham Act Federal Circuit: A Prior Decision in an IPR Does Not Collaterally Estop the Patentee in a Subsequent Litigation Where Invalidity Must be Proven by 'Clear and Convincing Evidence'
Features

Unchargeable Conduct
Until the U.S. Sentencing Commission closes the unchargeable conduct loophole — or until the U.S. Supreme Court intervenes — criminal defense practitioners would be wise to take prophylactic action to protect their clients during plea negotiations. Setting forth the permissible bounds of "relevant conduct" in plea agreements can help avoid 11th-hour surprises for the defense.
Columns & Departments
Landlord & Tenant Law
Charges for Keys Constituted Reduction In Service
Columns & Departments
Upcoming Event
34th Annual Entertainment Law Institute Austin, TX, Nov. 21-22
Features

Developing Client Personas Can Help Maximize Marketing and Business Development
Who are your ideal clients and why do they (or should they) hire you? This simple but key question for marketing and business development is often deceptively challenging to answer. Building and implementing comprehensive client personas enables lawyers, practices and firms to refine their marketing and business development strategies to attract clients that align with their expertise, experience and values.
Features

Delaware Faces Challengers But Maintains Lead In Bankruptcy Filings
Large corporations filing for bankruptcy continue to turn to Delaware more than any other venue nationwide, according to a new report from Cornerstone Research. While Delaware has long tallied more large corporate bankruptcies than any other jurisdiction, the gap between it and the next most popular venue, the Southern District of Texas, has widened in 2024.
Features

How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
Features

AI Governance In Practice
Regardless of how a company proceeds with identifying AI governance challenges, and folds appropriate mitigation solution into a risk management framework, it is critical to begin with an AI governance program.
Features

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Features

Less Is More: The Risks of Excessive Data Collection from Mobile Devices
Smartphones have, in many ways, become the nucleus of professional life. As a result, companies face the critical challenge of managing this new activity center and the vast amounts of company data flowing through it.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›