Features
Buyer Beware: Are You Making It Marital?
In some instances, one party purchases a home prior to the marriage, titling it in his or her own name and paying with his or her separate funds. However, in some jurisdictions, the purchaser,may be invoking a major exception to the general rule that property one acquires before marriage is "non-marital" property.
IP News
Federal Circuit: Cuban Company Has Standing to Request Trademark Cancellation<br>Supreme Court: High Court Agrees to Consider the Preclusive Effect of TTAB's Decisions<br>TTAB: TTAB Cancels Redskins Trademarks for Disparaging Native Americans
Features
Practice Tip: FDA's Allowance of Off-Label Information
The FDA recently issued a draft guidance document to make "recommendations" and to clarify its position regarding the dissemination of scientific information that discusses unapproved (off-label) uses of approved products. Here's what you need to know.
Patentability of Computer- Implemented Inventions
On June 19, 2014, the U.S. Supreme Court issued another in a line of cases dealing with the issue of the patentability of software inventions. Based on this opinion, one thing remains clear: The issue is far from definitively decided.
Features
Obstruction of (Contemplated) Justice
In the wake of the guidance provided by the federal appellate decisions affirming the distinctions between ' 1519 and the other obstruction statutes in recent years, prosecutors have been increasingly relying on this anti-shredding provision to file charges based on a variety of fact patterns well outside the typical norm for obstruction cases
Features
Sales Speak: Dancing with the Stars -- Client Retention
When you're working with clients, it is important to keep them happy and to remember to continue selling throughout the engagement. Here's why.
Columns & Departments
Real Property Law
Analysis and interpretation of five recent rulings.
Features
What Can U.S. Legislators Learn from the European View of Good Faith?
The concept of "good faith" exists in most civil law jurisdictions but is frequently interpreted in different ways. Common law jurisdictions, such as the United States, however, generally have an uneasy relationship with the concept of a duty of good faith, as is illustrated by the case law and proposed legislation.
Features
Data Breaches and Insurance Coverage
When a breach of the data occurs and confidential information is accessed by unauthorized persons, the financial consequences to the business entity may be substantial. But when that business seeks defense and indemnification from its insurer, the insurer just might push back.
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 ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.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 ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›