Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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Federal Circuit Overturns Central Component of TTAB's Medinol Doctrine
September 29, 2009
In one of the most closely watched trademark-related appeals in recent memory, <i>In re Bose Corp.</i>, the Federal Circuit overturned the central holding of <i>Medinol Ltd v. NeuroVasx Inc.</i>. Specifically, the Federal Circuit disapproved of the Board's practice of finding fraud if a registrant or applicant "should have known" that a material representation to the PTO was false.
Where's the Door?
September 29, 2009
Part One of this article described the types of operating covenants. The conclusion herein explains the remedies for violating these covenants.
In the Spotlight: Enforcing the Green Lease
September 29, 2009
As the green lease is first and foremost a business relationship concerning occupancy of real estate, the remedies for enforcement of the "green provisions" should strike an acceptable balance within that relationship.
Class Certification Now an 'Olympic High Hurdle Event' in the Third Circuit
September 29, 2009
In a recent opinion issued by Chief Judge Scirica the Third U.S. Circuit Court of Appeals has clarified the hurdle height to "jump over" in order to obtain class action certification. In so doing, the court has both "ratified" and, at the same time, "put greater bite into" the trend of imposing a stricter standard for certification.
The Ninth Circuit Decision in United States v. Stringer
September 29, 2009
The federal securities laws authorize the SEC to provide the DOJ with evidence of violations of the securities laws. Because the SEC often shares information with the DOJ and the agencies frequently institute parallel enforcement actions, counsel must be vigilant to avoid the potential pitfalls such parallel proceedings may have for their clients.
Text Messaging
September 29, 2009
In recent years, consumers, cellular telephone providers, and state attorneys general have sued companies and their marketing firms under the Telephone Consumer Protection Act ("TCPA") and state consumer protection laws to curb "text spamming." These suits can result in substantial settlements of millions of dollars relating to a single promotional campaign.
Lawyers, Technology and Money
September 29, 2009
The authors says, "Many lawyers do not like the title of my latest book, 'The End of Lawyers?' And yet I am at pains to point out that my message is a mixed and not a negative one.
International Restrictions on Releasing Personal Information
September 29, 2009
The dilemma confronted by corporate counsel involved in foreign litigation is whether to disclose personal information located in foreign countries with laws that severely restrict the processing and transfer of personal data and risk being punished there with civil and/or criminal penalties; or to filter out the personal data and risk being sanctioned in the U.S. for incomplete responses to e-discovery requests.
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