Features
The Real-World Impact of the Yates Memo
The DOJ is focused on prosecuting individuals who are responsible for corporate wrongdoing, and corporations must be prepared to provide all available facts about the individuals responsible for the wrongdoing if they wish to receive any cooperation credit from the DOJ. This is the thrust of the DOJ's "Yates Memo."
Personal Jurisdiction Roundup
The issue of whether a court has personal jurisdiction over a party in an entertainment industry lawsuit is determined, as in other types of litigation, on a state-by-state basis, subject to whether this jurisdiction meets due process. The case outcomes vary.
Features
FLSA Litigation
Recently, several federal district courts and circuit courts of appeals have rendered decisions uncharacteristically protective ' or, some have argued, paternalistic ' toward plaintiffs in Fair Labor Standards Act (FLSA) cases.
IP News
A Patent on the Method of Filtering Internet Content Survives '101 Challenge <br>Public Interest Factor Does Not Bar a Permanent Injunction Against a Direct Competitor<br>Patent Owner Does Not Have to Prove Non-Obviousness In IPR Proceedings
Features
Why International Litigants Are Using Chapter 15 to Optimize Financial Recoveries in Foreign Insolvency Proceedings
While it is now a well-trodden path for foreign office holders seeking more traditional ancillary assistance, Chapter 15 continues to evolve as enterprising U.S. legal advisers and foreign office holders team up to deploy progressively novel cross-border strategies.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Class Certification Denied in Facebook Privacy Suit
A federal judge in San Jose has denied class certification in a long-running case claiming that Facebook Inc. disclosed users' personally identifiable information to advertisers when they clicked on some Facebook ads.
Features
Medical Care or General Negligence?
When an injury occurs in a medical setting, the correct means of bringing suit to compensate the plaintiff may be a medical malpractice claim. On the other hand, it may be more appropriate to assert general negligence. The difference could prove crucial.
Bit Parts
Breach of Contract Claim Can Proceed over Cruz Campaign's Use of Songs in Videos<br>Music-Related Movie with Same Title as Band Doesn't Infringe Band's Trademark<br>No Trademark or Trade Dress Violations Seen in Copying Karaoke Products
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
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›