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Regulation

  • Rotten for Apple

    On Dec. 6, 2017, the United States Supreme Court, hearing its first design patent case in over 120 years, unanimously threw away a $400 million award that Apple won against Samsung Electronics. In doing so, the justices interpreted an 1887 statute providing that it is unlawful to manufacture or sell an "article of manufacture" that a patented design or colorable imitation has been applied.

    January 01, 2017John S. Artz, Franklin M. Smith and Brandon L. Debus
  • Greater Clarity Needed

    The new HVCRE rules require banks to assign a 150% risk weight to any HVCRE exposure (up from the 100% risk weight assigned under general risk-based capital rules) and cover all acquisition, development or construction (ADC) loans unless an exception applies.

    January 01, 2017Mitchell L. Berg and Peter E. Fisch
  • Compensation for in-house counsel is up across the board, ranging from 3.7% to as much as 6% at some general counsel and expert counsel levels, according to recently released data from HBR Consulting's 2016 Law Department Survey.

    January 01, 2017Sue Reisinger
  • What will happen to the Affordable Care Act now that President-Elect Trump has vowed to abolish it?

    January 01, 2017ljnstaff
  • It has been 18 years since the DMCA was signed into law. It was created to balance the security and rights of copyright holders with the growing influence of digital communications. But today it is facing serious criticism about its usefulness from every key stakeholder — creators, distributors and consumers alike.

    December 02, 2016Viroopax Mirji and Sunil Gregory
  • While major banks, retailers, hospitals and insurance companies were the brick and mortar of a growing media monument to hubris and cyber overconfidence, law firm breaches went mostly unnoticed. That is, until government agencies and law enforcement grew concerned that the wealth of intellectual property curated by law firms could be used to manipulate financial markets by front running trades.

    November 01, 2016Mark Sangster
  • Once Suffolk County pays a landowner to acquire Pineland Development Rights, can the county give some of those rights back to the landowner, without even requiring the landowner to pay for them?

    November 01, 2016Stewart E. Sterk
  • The SEC's and DOL's scrutiny of severance agreements follow earlier scrutiny by the Equal Employment Opportunity Commission (EEOC) and other government agencies. These developments provide an urgency for company counsel to bring their employment agreements and policies into compliance.

    November 01, 2016Eve I. Klein, Jonathan A. Segal, Christopher D. Durham and Eric W. Ruden