Proponents of mandatory arbitration clauses were given a victory in November when the U.S. Supreme Court vacated a decision by the Oklahoma Supreme Court in which the Oklahoma court had ruled that an employment non-compete agreement could be reviewed by a state court, despite an arbitration requirement in an employment contract.
Advertisers and marketers should watch <i>The Estate of Buckminster Fuller v. Maxfield & Oberton Holdings, LLC</i> closely to see what limits may exist on their use of a name that has ties to a celebrity as well as a separate object.
A recurring issue in intellectual property law is the possibility of establishing rights in subject matter from the public domain and drawing the boundaries between what is public and private. The issue arose in one guise in <i>Golan v. Holder</i>, 132 S.Ct. 873 (2012), which upheld the constitutionality of the Uruguay Round Agreements Act (or, informally, Copyright Restoration Act), granting U.S. copyright protection to certain works that had passed into the public domain in the United States, but which were still protected in their country of origin.
Under the Leahy-Smith America Invents Act, several new mechanisms allow third parties to challenge patent applications and patents. Among these is a new preissuance submission procedure by which members of the general public may submit prior art believed to be relevant to a pending patent application.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Conducting discovery in Japan is not easy and litigants should not expect to obtain nearly the same quantity or quality of information from Japan. However, if you know the available discovery devices and the special procedures to take advantage of those devices, discovery may not be lost.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
