Loss in Injury and Death Matters
April 29, 2010
Careful attention to all the elements of economic loss, and careful discovery on damages, is essential in ensuring a fair recovery that compensates the plaintiff for what was actually lost.
<i>Tiffany v. eBay </i>
April 29, 2010
The recent decision of the Second Circuit in connection with the appeal in <i>Tiffany (NJ) Inc. and Tiffany & Company v. eBay, Inc.</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without ever selling the goods and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
Insurance Coverage For Patent Infringement Claims
April 29, 2010
Courts across the country, and particularly in California, have long been reluctant to construe standard commercial general liability insurance policies to provide coverage for patent infringement lawsuits. However, the Ninth Circuit's recent decision in <i>Hyundai Motor v. Nat. Union Fire Ins.</i>, suggests that, at least when the patented invention is itself a method of advertising, an insurer will owe a duty to defend a patent infringement lawsuit under the "advertising injury" provisions of many standard CGL policies.
Career Journal: Time to Go Out on a Limb
April 29, 2010
It's time that legal marketing executives take a risk and launch a creative media campaign that reshapes the industry's image and increases the unaided brand recognition of their firm over the virtual stealth existence of their competitors.