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  • Written opinions of counsel are gaining renewed interest as a valuable tool to limit liability for willful patent infringement. A patent opinion that is competently written by a registered patent attorney sets forth the factual and legal basis for finding a patent not infringed, invalid, and/or unenforceable. However, to be effective, the timing of the rendered patent opinion may be critical.

    December 01, 2017Todd Gerety
  • On Aug. 17, 2017, the Second Circuit issued its decision in Meyer v. Uber Technologies, Inc.. The appeals court vacated and remanded the trial court ruling by holding that the registration process for Uber Technologies, Inc.'s mobile application formed a legal contract, Less than a month later, the Southern District relied on the Meyer decision in granting the defendant's motion to compel arbitration based on the fact that the design and functionality of defendant's amended terms of use placed plaintiffs' on "reasonably conspicuous notice" of the mandatory arbitration and jury trial waiver provisions.

    December 01, 2017Richard Raysman and Peter Brown
  • Part One of a Two-Part Article

    As of August 2017, the seminal case in New Jersey deciding the issue of the appropriate legal standard for a divorced parent seeking to relocate outside of the state is Bisbing v. Bisbing. This case is an important example that can be used to explore this topic throughout the country.

    December 01, 2017Laurence J. Cutler and Alyssa M. Clemente
  • In the event that your company is the victim of a ransomware attack, this article provides steps to be taken as part of its response to such an incident.

    December 01, 2017Kiran Raj and Mallory Jensen
  • Part One of a Two-Part Article

    A company that finds itself the target of a federal fraud investigation often faces the fraught question of whether it may, or even must, disclose the existence of that investigation to third parties, such as its investors, shareholders, major creditors, or insurers. The question can be even more complicated if that investigation is being pursued under the False Claims Act and arises as the result of a sealed qui tam complaint.

    December 01, 2017Andrew W. Schilling and Megan E. Whitehill
  • Just a few days after the Florida Supreme Court ruled the state's common law doesn't provide pre-1972 sound recordings with rights to public performance royalties, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments on whether remasterings inject pre-1972 sound recordings with federal copyright protection.

    December 01, 2017Scott Graham and Celia Ampel
  • Where the borrower's default is not in dispute, the First Department appears to have recognized that there is little reason to delay the inevitable foreclosure. Discussion of a case in point.

    December 01, 2017Stewart E. Sterk
  • It was only a couple of years ago that a jury rejected Ellen Pao's gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital firm. Now, issues of bias and pay equity are again taking center stage, with almost daily media reports about Silicon Valley's gender problem and a continuing list of companies and notable Silicon Valley figures being taken to task with allegations of inappropriate conduct toward women.

    December 01, 2017Eric Akira Tate and Kathiana Aurelien
  • SCOTUS Review of Dodd-Frank to Change the Landscape

    In June, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers, to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.

    December 01, 2017Matthew B. Schiff and Kathryn C. Nadro