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Features

Accidental Access, 'Catfishing' and Unsecured Wi-Fi

Richard Raysman & Peter Brown

This article discusses several contemporary privacy issues, including: whether accidental access to another's e-mail account constitutes unauthorized computer access; whether the use of a fictitious online identity can lead to civil liability; and whether the account holder of an unsecured home Wi-Fi network can be found liable for infringing activities by third parties using the network.

Features

What You Need to Protect Your Brand In A New gTLD World

David K. Mitnick

In order to deal with an expanding Internet, brand owners need to understand how to use a variety of tools to handle the different brand protection and legal challenges that will be presented. For brand owners looking at the New gTLD space, formulating a trademark protection strategy should be viewed as an important tool on an entire tool belt of protection strategies that together can be used as a comprehensive plan.

Features

Making Bitcoins Legit

Juan Forrer

It may be a while before Kathleen Moriarty lets clients pay her in bitcoin, but the Katten Muchin Rosenman partner is doing her part to help legitimize the digital currency derided as speculative and risky by some prominent economists.

Features

Franchise Compliance

Evan Hackel, CFE

Every franchise system chief executive encounters situations in which a franchisee has a good reason for not complying with a rule, or in which the infraction is fairly minor. But how can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?

Features

Joint Defense Agreement Considerations in NPE Patent Litigation

James W. Soong

Accused infringers in patent litigation, especially against non-practicing entities (NPEs), often form joint defense groups to defend against common claims brought in one or more actions. A written agreement of the joint defense group can make plain the respective rights and obligations of each group member and evidence to the court a requisite alignment of common interest underpinning the group. The following is a selection of relevant considerations to support productive group interaction through appropriate provision in the joint defense agreement.

Features

e-Mail Signature Ruled Valid To Enforce Settlement

Joel Stashenko

Signing an e-mail attesting to the substance of a negotiated agreement with the typed name of the sender constitutes a binding and enforceable stipulation of the settlement under CPLR 2104, a New York state appeals panel ruled.

Features

<b><i>Online Extra</b></i> Court Approves Facebook Class Settlement, Shaves Attorney Fees

Chelsea Allison

In a long-awaited conclusion to Facebook's "Sponsored Stories" class action saga, a federal judge gave final approval to a $20 million settlement on August 26 but took an axe to the $7.5 million in fees requested by plaintiffs attorneys.

Features

<b><i>Online Extra</b></i> Sirius XM Sued Over Pre-1972 Royalties

Zoe Tillman

Music copyright lawyers: Don't touch that dial. Nonprofit SoundExchange Inc., which collects and distributes digital performance royalties and distributes them to artists and copyright owners, filed a lawsuit on Aug. 26 accusing Sirius XM Radio Inc. of underpaying.

Features

Preemption and Generic Drug Liability

Alan Minsk & Kelley Nduom

Recent cases attempt to further explain courts' interpretations of preemption principles in the context of generic drug labeling and liability. It is further evidence that each case is fact-based, and the final chapter in this area likely has not yet been written.

Features

Practice Tip: Constitutional Standing, Numerosity, and the Beer Drinker's Burden

Andrew Tuck

The first part of this article explained the background behind lawsuits alleging that Anheuser-Busch InBev is "watering down" its beer, and that consumers can purportedly bring a class action against the company in federal court. The discussion concludes herein.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most 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.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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