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Pension benefits can account for 50% or more of the damages in a wrongful death or injury matter. This article presents an overview of the basic types of pensions and some issues that arise in determining lost pension benefits.

Supreme Court Adopts Nerve Center Test for Corporate Citizenship

An in-depth analysis of the Supreme Court ruling in <i>Hertz Corp.</i>

Practice Tip: Playing Poker with Experts

Part One of this article described problems arising out of the substitution of experts, and discussed some recent case law. The conclusion herein presents some suggested ways of dealing with the situation.

CA Case to Decide Whether the Duty to Warn Covers Hazards Posed By Products of Others

At press time, the California Supreme Court was considering a case that could impose a duty to warn on the manufacturer of one product for hazards associated with other products that are manufactured and sold by third parties.

Patent Re-examination

This article explores strategy considerations for the use of parallel patent re-examination proceedings as a tool in patent litigation.

Brand Considerations When Launching Mobile Phone Apps

Prior to launching Apps on smartphone devices, it is advisable that brand owners pause — even if momentarily — to consider the new trademark and related legal issues that this new medium presents.

Grouping Language in NY After GE Footnote Number Three

After taking a closer look at <i>Appalachian Insurance Co. v. General Electric Co.</i>, 8 N.Y.3d 162 (2007), this article surveys four recent New York decisions that interpret "occurrence" definitions and grouping language in policies to address the number-of-occurrences issue.

A New Use for an Old Tool

Commercial leasing litigation has become an art form ' and in states like New York, attorneys have, as a result of technicalities such as failing to serve the tenant properly, kept non-paying tenants in possession for years.

Criminal Antitrust Enforcement Under the Obama Administration

Judging by the numbers, the Obama DOJ has been as active, or at least as successful, in criminal antitrust enforcement as candidate Obama promised. Criminal antitrust fines in 2009 exceeded $1 billion...

Hyundai Motor America v. National Union

Defendants in patent infringement actions have new reason to scrutinize their Commercial General Liability insurance policies. On April 5, 2010, the Court of Appeals for the Ninth Circuit held that allegations of patent infringement involving a method of advertising constitute "advertising injury," triggering an insurer's duty to defend a patent infringement suit.

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Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines
Although pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.
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The Cold War Between NCAA And States Over Athletes' NILs
Over the past four years, the NCAA aggressively lobbied Congress to pass a uniform NIL standard. Roughly a dozen bills have been sponsored by Democrats and Republicans alike, though none has ever advanced to a vote. Consequently, it appears increasingly likely that the courts will be called upon once again to intervene.
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When Is a Promise Enough?: Contractual Duties and Insider Trading
Two criminal appeals before the Second Circuit require the Court of Appeals to decide whether the violation of a fiduciary relationship is required to create insider trading liability or if a breach of contract is sufficient.
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