Let the Hirer Beware
With so many lawyers up for grabs these days, firms have enticing opportunities to bring aboard top talent, sometimes at bargain prices. But let the hirer beware. Lateral hiring isn't without risk, and more lateral hiring means more exposure to claims alleging malpractice and other failings.
IP's Impact on M&A and Corporate Values
In this far-ranging interview, Susan Perng Pan, Washington, DC-based patent attorney and partner of the intellectual property firm SUGHRUE MION, PLLC, discusses best practices and strategies for in-house counsel to assess, protect, and evaluate the worth of their portfolios, both domestically and globally.
The Unseemly Web of Keyword Advertising
Despite the surface simplicity of keyword advertising disputes (typically entailing unwanted use of the exact trademark of a direct competitor promoting competing goods or services) the web the courts have spun addressing such Web-based advertising has been anything but. Fortunately, the Second Circuit's April 3 decision in <i>Rescuecom Corp. v. Google, Inc.</i>(on the one-year anniversary of oral argument), straightens at least some of the tangled seams by recognizing that keyword ads tied to a trademark do constitute a use in commerce of the subject mark.
TS Tech's Impact on Transfer Decisions
<i>In re TS Tech</i> and, to a lesser extent for patent cases, <i>In re Volkswagen of Am., Inc.</i>, have changed the landscape of ' 1404(a) cases in the Fifth Circuit. Patent cases that once would not have been transferred out of the Fifth Circuit may now be transferred based on <i>TS Tech.</i>
Patent Opinions, Willfulness and Inducement
Recent decisions have begun to fill in the gaps left by <i>In re Seagate Technology, LLC.</i> They suggest that a competent opinion is still an effective defense to a willfulness charge, and that a jury may consider a defendant's failure to obtain an opinion when determining the defendant's intent for purposes of willfulness and inducement. Also, legitimate trial defenses may be sufficient to establish that a defendant's actions at the time of infringement were not "objectively reckless.
Technology in Marketing: Where to Invest Your Marketing Technology Dollars
Law firms have realized that using technology ' particularly the Internet ' is a powerful tool for creating a more level playing field to enhance their images, expand their visibility in targeted markets and drive business to their firms. However, with so many competing interests for limited marketing dollars, where should you invest your firm's resources to get the most bang for the buck?
Legal Issues Swell if Swine Flu Spreads
Just one week into the swine flu outbreak, health authorities in Baltimore detained 117 passengers on a flight from Cancun, Mexico. And Texas, Maryland and New York officials closed schools. Although the flu strain isn't an official pandemic yet, state and local officials are already flexing legal muscles ' many for the first time.
The Autism Cases
In last month's issue, we discussed the Vaccine Court's (Office of Special Masters of the U.S. Court of Federal Claims) trio of decisions that found no causative links between childhood vaccinations and the onset of autism and gastrointestinal problems in three children. The discussion continues herein.
