In an opinion that reads like a biography, the U.S. Court of Appeals for the Eleventh Circuit used Rosa Parks' starring role in the civil rights movement to justify ruling against a nonprofit corporation that owns her name and likeness. The appeals court held that the nonprofit cannot pursue a common-law right of publicity case against Target Corp. over the retailer's selling books, movies and a plaque depicting Parks' life.
- January 31, 2016Katheryn Hayes Tucker
A handbook that was once the foundation of good employment practices may now violate federal law, and nothing has changed except how the General Counsel for the National Labor Relations Board (the GC) interprets the National Labor Relations Act (NLRA).
January 31, 2016Robert G. Brody and Susan M. WestphalThese days, we are continually being bombarded by one new tech concept after another ' the most current being IoT (or the Internet of Things) and Big Data. To feel secure moving our businesses forward among the onslaught of all these changes, it is necessary to simplify our understanding to bring peace to the progress of our quickly advancing world.
January 31, 2016Karen EllisThe pharmaceutical industry has recently felt empowered by one final court decision and another pending case that would seemingly allow companies to distribute, proactively, information about off-label uses. However, there is no indication that, because firms may now be allowed certain latitude in one area, they are immune from product liability exposure.
January 31, 2016Alan G. MinskThe interpretation of ACC clauses by the courts is dependent upon the specific policy wording, the pertinent facts, general principles of contract interpretation, the venue of the lawsuit, and most importantly, the particular state's approach to causation.
January 31, 2016Benjamin Fleischner, Ann Marie Petrey and Eric LeibowitzAmong the most treasured and jealously guarded freedoms in the United States is freedom of speech. In the course of protecting that freedom, U.S. courts have found themselves permitting almost all manner of speech, even that which is arguably offensive or deplorable. Recently, the U.S. Supreme Court has given ever greater deference to individuals' and groups' rights to express themselves.
January 31, 2016Zachary C. Eyster and Christopher P. BussertFederal Circuit: Even If Experts on Both Sides Agreed on an Altered Claim Construction During Trial, Relying on That More Detailed Claim Interpretation During JMOL Is an Impermissible Reconstruction
Federal Circuit: USPTO Decision to Initiate CBM Review Not Reviewable By Federal Circuit, But Decision To Qualify a Patent As a CBM Patent IsJanuary 31, 2016Howard J. Shire and Daniel SheaA Southern District of New York judge dismissed a songwriter's copyright infringement lawsuit against the estate of rapper Notorious B.I.G., who died in 1997, and several publishing and record companies.
January 31, 2016Christine SimmonsThere's a little-known way for leveraging LinkedIn to inform your entire network of what your are doing, and, as a result, garner free publicity for your firm. Here's how to gain free publicity.
January 31, 2016Spencer X. Smith

