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FL Court of Appeal Quashes Motion to Disqualify Concert Case Lawyer

ALM Staff & Law Journal Newsletters

The Florida Third District Court of Appeal ruled that a Miami-Dade, FL, circuit judge erred in granting Mexican songstress Paulina Rubio's request to disqualify the opposing attorney in a lawsuit over a missed concert.

Comparing Contract Drafting in the United States and United Kingdom

Ben Goodger & Jonny McDonald

The authors' previous article, in the March 2013 issue of <i>Entertainment Law &amp; Finance</i>, considered differences between copyright regimes in the United Kingdom and the United States. This article highlights some of the principal differences between UK and U.S. contract law.

Columns & Departments

Obituary

ALM Staff & Law Journal Newsletters

Obituary for Ira Marcus.

Columns & Departments

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Columns & Departments

IP News

Jeffrey S. Ginsberg, Ksenia Takhistova & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

The Diminishing Claim Vitiation Limitation to the Doctrine of Equivalents

Albert Shih & James Yoon

Infringement under the doctrine of equivalents ("DOE") is frequently asserted in patent litigation. DOE allows a plaintiff to maintain an infringement claim even if the accused instrumentality does not literally possess all the limitations of the claim as interpreted by the court.

Features

Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate

Andrew Pequignot

Publishers frequently charge different prices in foreign markets, and they have argued that allowing unrestricted importation threatens that practice. In March, the Supreme Court squarely addressed this issue for the first time in <i>John Wiley &amp; Sons Inc. v. Kirtsaeng</i> and held that the first-sale doctrine does in fact apply to copies made overseas and, as a result, these copies could be purchased in foreign markets and legally resold in the United States.

Myriad's Oral Argument Before the Supreme Court

Jeffrey S. Ginsberg & Brooke Hazan

On April 15, 2013, the Supreme Court heard oral argument in <i>Ass'n for Molecular Pathology v. U.S. Patent and Trademark Office</i> (hereinafter "<i>Myriad</i>"). The sole question before the Supreme Court, following its grant of certiorari on Nov. 30, 2012, is whether human genes are patent-eligible subject matter under 35 U.S.C. ' 101.

Columns & Departments

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Recovery of Make-Whole Premiums

David M. Hillman & Karen S. Park

A lender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case has been the subject of considerable judicial debate over the past number of years, with some courts allowing recovery and others denying it. Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate by denying bondholders the right to payment of a make-whole premium in connection with the debtor's refinancing of the bond debt.

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