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
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›