LJN Newsletters

Bona fide intent was given new meaning by the TTAB. Lincoln National Corporation v. Anderson, exemplifies an apparent trend of the TTAB requiring greater proof of an applicant's "intent" as a jurisdictional prerequisite for filing an application or face a finding that the application is void ab initio. This is the paradigm of the "ticking time bomb" trademark nightmare with a very long fuse.

Although the "traveling employee" exception to the "going and coming rule" is strictly limited to workers' compensation cases, it has been widely applied to many cases that the exception has evolved into its own rule.

In a recent decision by the Fifth Circuit, the court held that a lender's pre-bankruptcy acceleration of a promissory note arising from a borrower's nonpayment default did not trigger provision for a prepayment premium in the absence of an actual loan prepayment.

The recent decision in Sykes v. Sykes sent shock waves reverberating throughout the New York matrimonial bar for its direction that during the pendency of a divorce litigation, the less monied spouse may be required to use a portion of her share of the marital estate to pay her legal fees, rather than continue to have such fees paid by the wealthier spouse.

The battles to land new clients and matters are fierce and the consequences of losing are far more damaging than ever. Nevertheless, there are times when the smart play is to decline, no matter how alluring the likely fees are.

Yahoo Inc. has filed a lawsuit accusing a former employee of lifting Yahoo's patents and confidential information, and taking them with him to his new startup.

Last month, we discussed the fact that some 84 million Americans work for companies that maintain ERISA-covered retirement plans that are divisible by QDROs, which guarantee the non-worker spouse (the non-owner) a share of the pension. We conclude the discussion herein.

Expert analysis of a recent key case.