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Features
Federal Rule 30(b)(6) requires a corporation to designate a witness in response to a deposition notice that describes with "reasonable particularity" the topics upon which the witness will testify. The potential trial implications of a corporate witness' testimony require counsel to understand his client's product, carefully examine the deposition notice topics, help to identify the proper corporate designee(s) to testify, and thoroughly prepare the designee to testify on the notice topics, among others.
The Federal Circuit, in <i>Suprema, Inc. v. Int'l Trade Comm'n,</i>, overturned a 2013 divided panel decision and held that a Section 337 violation based on induced infringement is viable where the underlying direct infringement occurs after importation.
The California Supreme Court recently reversed course and overturned one of its earlier decisions, rejecting consent-to-assignment clauses as a bar to coverage where the loss at issue pre-dates the assignment.
The NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented 'employees. We conclude our discussion of the report herein.
Features
University technology transfer offices (TTOs) bridge the gap between innovation and commercialization by identifying ways to protect university-generated innovations from unauthorized exploitation, by obtaining the appropriate protection for such innovations, and by facilitating commercialization of these innovations. For-profit companies worldwide engage in a similar process; however, universities face unique challenges in these efforts.
Features
Copyright holders must take into account fair use defenses before demanding that services such as YouTube take down unauthorized content, the Ninth Circuit ruled last month.
Features
The "manager rule" purports to address a concern that, if counseling and communicating complaints are part of a manager's regular duties, then "nearly every activity in the normal course of a manager's job would potentially be protected activity," and "an otherwise typical at-will employment relationship could quickly degrade into a litigation minefield," according to <I>Hagan v. Echostar Satellite</I>.
Columns & Departments
The authors began their two-part series on "communication babble" in the July Issue of this newsletter They conclude herein with "an only slightly disguised true story."
The parent company of extramarital site AshleyMadison.com said it plans to get lawsuits filed in the wake of its recent security breach tossed out by arguing that the plaintiffs have improperly used "Doe" pseudonyms and that their claims belong in arbitration.
A decision by the U.S. Court of Appeals for the Eighth Circuit issued at the end of July stimulates consideration of important questions that many of us don't think much about.
