Features
Recent Issues in Cybersquatting Disputes
In a typical scenario, the cybersquatter offers to sell the domain name to the entity associated with the particular trademark for an inflated price. This offer to sell is sometimes viewed as evincing bad faith and therefore actionable. In other instances, the offer is considered reasonable, or at least not indicative of bad faith, and therefore the trademark owner is forced to either purchase the domain or accept the consequences of the existence of a substantially similar domain name.
Columns & Departments
Court Watch
Covenants Against Competition Find Disfavor In Recent Cases
Features
New Developments In Social Media Discovery In Employment Cases
As social media websites have become increasingly popular, courts have continued to address the legal issues raised by social media, particularly in the area of discovery. This article focuses on recent developments in the discovery of social media content in employment discrimination cases.
Features
Restrictive Covenants and Partnership Agreements
This article examines the ethics of common partnership restrictive covenants, including non-compete and forfeiture-for-competition provisions, notice of withdrawal requirements, prohibitions on solicitation of partners, employees, and clients, and restrictions on using and taking documents, and suggests ways for firms to ethically protect the firm's interests.
Can Law Firms Be Lean?
For those who have had some exposure to Total Quality Management , the reference to Lean or Lean Six Sigma might be familiar. In principle, the necessary ingredients to achieve Six Sigma are defined objects, measurable standards and a systematic approach.
Features
<i>Inter Partes</i> Reviews
In September of last year, the America Invents Act introduced a number of powerful tools for challenging the validity of an issued patent at the USPTO ' Inter Partes Review (IPR), Covered Business Method Review (CBMR), and Post-Grant Review (PGR). By a large margin, however, the most popular of these procedures has been the IPR.
Features
Hybrid Storage in Virtualized Environments
With an eye toward further virtualizing Hedrick Gardner's IT operations with virtualized desktops, we embarked on a project to evaluate solid state storage systems
Columns & Departments
e-Commerce News
Google Beats Web Browser Privacy Class Action<br>Washington University Debuts Cybersecurity Master's Program
Features
Legal Battle Plans
Cyber security incidents are rising very rapidly. The growing number of serious attacks on essential cyber networks is one of the most serious threats the U.S. faces. One of the critical controls relating to cyber security incidents is the implementation of effective cyber security incident response plans. This article recommends that legal battle plans be developed and maintained as a critical part of your cyber security incident response plans.
Features
Data Encryption And the Law
This article discusses several of the pressing matters within the realm of data encryption, including: the Constitutional concerns that arise when an individual is forced by the government to divulge encrypted data; the recent disclosures in the press of government involvement with encrypted data; and the current global legal climate in which these issues are situated.
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MOST POPULAR STORIES
- 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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
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