The Federal Circuit has long maintained that it is entitled to review a claim construction decision de novo, without deference to the district court. Over the years, this approach has led to a notably high reversal rate of district court claim construction decisions. This "two bites at the apple" approach remained controversial, and on Jan. 20, 2015, the Supreme Court rejected this blanket policy of de novo review in favor of a hybrid approach.
Legal uncertainty abounds for entertainment industry licensees and licensors when their license counterparties enter the murky waters of bankruptcy. When a licensor hits the skids, a licensee's two primary concerns should include: 1) whether the protections afforded by Bankruptcy Code '365(n) are available if the debtor-licensor rejects the license; and 2) protecting its rights if the debtor-licensor seeks to sell the intellectual property. By contrast, when a licensee considers filing for bankruptcy, it must consider whether it can assume or assign the license.
Last month, the Obama Administration's Fiscal Year 2016 Budget was published, along with the Department of Treasury's Greenbook, a detailed explanation of the President's proposed budget. Because the proposed legislation must pass a Republican led Congress, the President's budget may be "aspirational." It is a good indicator of the tools the Administration is prepared to use to fund its wish list.
The government has become increasingly aggressive in pursuing criminal claims not only against corporations, but also against in-house counsel and compliance personnel, for conduct once treated almost exclusively as civil.
Breaking with longstanding precedent, the Eleventh Circuit recently concluded that previous case law holding cruise ship operators blameless for the negligence of their onboard medical personnel is based on outdated norms. This decision may have far-reaching consequences for shipboard medical malpractice claimants and their representatives.
Less than half of AmLaw 200 firms have mobile websites, but that may change soon. In January, Google started sending messages to web operators to "fix mobile usability issues."
The most-asked questions about family law in Texas are answered by an expert.
Some things appear to be so simple that we assume (dangerously) that everyone "gets it." But a significant number of lawyers either have no system ' formal or otherwise ' for getting and staying in touch with key people, or do a dismal job of staying connected.
Analysis of two important rulings.
Two recent decisions from the United States Bankruptcy Court for the Southern District of New York, affirmed the use of "average lateness" methodology to examine both the subjective and the objective components of the ordinary course of business defense to preference actions. This article explains the those decisions.
