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Damages for Extraterritorial Infringement of U.S. Patents

October 01, 2019

A look at the gray area of infringement of U.S. patents in the U.S., but with related consequences or actions outside the U.S.

IP News

October 01, 2019

Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?

Analysis of Warhol Art Fair Use Ruling

October 01, 2019

The U.S. District Court for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of music legend Prince taken by Lynn Goldsmith constituted a transformative fair use.

Lawyers Win Contingency Fee Fight Against Estate of Blues Icon's Son

October 01, 2019

There have been disputes over rights to the two existing photographs of blues icon Robert Johnson as well as over who was his rightful heir. The latest court decision involves a contingency fee agreement originally entered into by a law firm hired by Johnson's son, who died in 2015. The case offers an example of what rights counsel may gain from such an arrangement following the death of the signatory client.

9th Circuit Says End Steinbeck Copyright Fight

October 01, 2019

In a nearly half-century-long legal dispute over the rights to John Steinbeck's works, the Ninth Circuit affirmed a district court's $5 million compensatory damages award against the author's daughter-in-law but vacated punitive damages against the heir.

Book Publishers' Lawsuit Against Amazon's Audible

October 01, 2019

A coalition of publishers has sued Audible, the Amazon-owned audiobook company, over a new feature announced last summer that will display the text of a book to listeners while it's read to them by their device.

Star Athlete's Trainer Loses Commission Bid

October 01, 2019

A lawsuit alleging a former trainer was entitled to a portion of tennis star Naomi Osaka's lifetime earnings is out of play, after a Broward County, FL, Circuit Court judge dismissed the case.

Security Worries for Online Video Game Companies

October 01, 2019

Fortnite video game developer Epic Games Inc. isn't just dodging digital adversaries — now it's been slammed with a class action lawsuit over a data breach.

Bit Parts

October 01, 2019

Texas Court of Appeals Won't Let Former Lawyer for Matthew Knowles Use State's Anti-SLAPP Statute to Dismiss Knowles' Cross-Claims in Legal Fees Dispute

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask — 100 Days Out

October 01, 2019

Part One of a Two-Part Article Responses to questions businesses frequently ask about the impacts of the CCPA. Implementation challenges inevitably will arise as a company works to apply these new requirements to its business practices. The time is now to start preparing for the CCPA, as well as for other new U.S. privacy laws that are likely to follow.

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Law Firm Management
The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel Management
Legal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Artificial Intelligence
When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value Paradox
The Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.
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MOST POPULAR STORIES