Features
Full Disclosure Necessary for Patent Applicants
On Sept. 26, 2014, the Federal Circuit issued its opinion in <i>American Calcar, Inc. v. American Honda Motor Co.</i> Judges Prost and Wallach affirmed the decision of the U.S. District Court for the Southern District of California that three American Calcar patents were unenforceable due to inequitable conduct. Judge Newman filed a strongly worded dissent.
Do We Need #consent?
Marketers have found that authentic and meaningful engagement with consumers on Twitter can have a lasting impact.
Features
Global Corruption Enforcement
This article discusses the benefits of embedding compliance doctrine within operations, and how businesses could market integrity and compliance to gain a competitive advantage.
Features
States Keep Changing the Marijuana Laws
Despite legalization in several states, marijuana use remains illegal for both medical and recreational purposes under federal law, and many companies continue to maintain "zero tolerance" policies with respect to employee marijuana use.
Features
Don't Be Afraid of Cybersecurity Information Sharing
Recent government action has shown that the White House and Congress are keenly aware of the potential data security benefits of robust information sharing between and among the private sector and the government. In recent years, information sharing bills have been introduced regularly in both the Senate and the House in an effort to encourage the flow of cyberthreat data between the private sector and the government.
Features
Extraterritoriality and Whistleblower Retaliation
Though whistleblower protection statutes take many forms, the frameworks for determining liability are really quite similar. However, can overseas whistleblowers avail themselves of United States whistleblower protection laws?
When Information Governance and Data Privacy Collide
The so-called "Big Data" problem has caused many organizations to breathe new life into their record-retention programs. As a result, more multinational corporations are moving to the cloud as a cost-savings mechanism for everything from e-mail to database storage and document creation. This all sounds like a great first step. But what happens when what makes the most business sense might actually be putting the company at risk?
Features
Ellington Heirs Lose Bid to Change Foreign Royalties Calculations
The New York Court of Appeals, the highest court in the state, decided that a copyright renewal that Duke Ellington signed in 1961 didn't unfairly deprive his heirs of a portion of foreign royalties on the music giant's works, such as "Mood Indigo" and "Sophisticated Lady."
Features
Practice Tip: Calculating Structured Judgments
After a verdict, both parties usually submit a proposed judgment to the court with an economist's report. The court then decides the amount of the judgment to be docketed. But before the momentum of the trial reaches that stage, the plaintiff's attorney should undertake his/her own calculations. This article uses New York's structured judgment statute as an example.
Features
What 's New in The Law
In-depth analysis of recent rulings as they affect equipment leasing.
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- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›