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What Constitutes 'A Sale' and 'an Offer to Sell'? Image

What Constitutes 'A Sale' and 'an Offer to Sell'?

Veronica Mullally Munoz & Andrew J. Cochran

The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.

Features

Proactive Information Governance Image

Proactive Information Governance

Rene Laurens

Information governance (IG) is how organizations tackle growing data volumes ' identifying what's important, what isn't, and what to do with it all.

Features

<B><I>BREAKING NEWS</i></b>Supreme Court Lifts Stay on Kansas Same-Sex Marriages Image

<B><I>BREAKING NEWS</i></b>Supreme Court Lifts Stay on Kansas Same-Sex Marriages

Tony Mauro

Over the dissent of two justices, the U.S. Supreme Court on November 12 allowed same-sex marriages to go forward in Kansas.

Features

<b><i>Online Special Report</b></i> 'No Need to Rush': As State Bans on Same-sex Marriage Continue to Fall, the Supreme Court Dodges the Issue (for Now) Image

<b><i>Online Special Report</b></i> 'No Need to Rush': As State Bans on Same-sex Marriage Continue to Fall, the Supreme Court Dodges the Issue (for Now)

Frank Gulino

On the first day of its new Term, the Supreme Court declined to take up any of the cases before it in which state same-sex marriage bans had been struck down by lower courts. To the surprise of many Court watchers, the Justices denied certiorari in the cases, which stemmed from the Fourth, Seventh and Tenth Circuits. As a result, same-sex couples were immediately able to marry in five more states: Indiana, Oklahoma, Utah, Virginia and Wisconsin.

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Key Considerations When Purchasing A Franchise Image

Key Considerations When Purchasing A Franchise

Bob House

Buying a franchise can be a great path to business ownership for your clients. Unlike starting a business from scratch, they will be able to leverage the benefits of an established brand and a proven operating plan. But how to decide which franchise to buy?

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Social Media Invades and Modernizes Employment Practices Image

Social Media Invades and Modernizes Employment Practices

Morey Raiskin & Celeste Thacker

While there are not currently any laws in the United States forbidding employers from gleaning information from social media ' whether during the hiring process or at any point in the employment relationship ' improper use can get them into trouble.

Features

Deferred Compensation Plans under Section 409A Image

Deferred Compensation Plans under Section 409A

Lawrence L. Bell

Section 409A applies to any arrangement that postpones payments of compensation to subsequent years. The Notice spells out what is and is not deferred compensation, Single-person Plans, "defined benefit" non-qualified plans, Supplemental Executive Retirement Plans (SERPs) and arrangements for non-employees (directors, trustees and independent contractors).

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Law Firm Security Pressures Alleviated With Financial Strategies Image

Law Firm Security Pressures Alleviated With Financial Strategies

Scott McFetters

We know the consumer-industry stories of hackers infiltrating Target and, more recently, Home Depot. Law firms are now at the center of the storm because they store some of their clients' most sensitive business information and are viewed by criminal elements as a less-defended path to that data. Firms must take care to understand and respond to evolving security trends with response strategies.

Features

Digital Signatures In the Legal Market Image

Digital Signatures In the Legal Market

Eliya Fishman

Automated signing solutions are all around us: at the supermarket checkout; when we receive a package; at the doctor's office. Despite this, paper-based signing still finds its way into our regular operations, and too often remains there unquestioned.

Features

The Copyright Office's Revised Compendium's Views on Digital Content, Copyrightability Image

The Copyright Office's Revised Compendium's Views on Digital Content, Copyrightability

Christopher Seidl & William Manske

Much has been written about the so-called "monkey selfie" and the dispute about whether nature photographer David Slater owns a photo snapped by a macaque monkey. As entertaining as that story is, there are more practical and far-reaching consequences that arise out the Copyright Office's overhaul of its standards and practices. This is especially true for the type of digital and Internet-based businesses and technologies that operate on the entertainment industry landscape.

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    The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
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