Auto Dealer Can Bring 'Bad Faith'
December 29, 2008
An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute's specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable."
Attorneys' Fees Awards: No License to Pickpocket
December 29, 2008
It is generally thought that a contract provision awarding attorneys' fees to a prevailing party will be enforced. The most recent saga in the Domino's system's equipment dispute confirms this principle, but, at the same time, suggests that courts will, when appropriate, restrict the amount of the award.
Online Promotion of FDA-Regulated Products
December 22, 2008
One area that continues to surface is the use of chat rooms, blogs, and other venues by which users of the Web site, whether the company's or a third-party site supported by the FDA-regulated company, can exchange experiences about medical treatments, comment on the company or competitor's products, or otherwise share information. Some companies may provide such forums on their own Web sites to amass the information for market research or generate goodwill. Other companies may engage a third-party site to control the dissemination of information and even disclaim responsibility for the content by giving an unrestricted grant and allowing the third party to run and control the information posted on the Web site.
Web 2.0: Don't Miss The Big Picture
December 22, 2008
Web 2.0 is more than merely an upgrade of Web 1.0; rather, it is an evolutionary step toward a major change to the practice of law ' and the end of the bricks-and-mortar world of law firms as we know them today.
Reputation and the Business Network
December 22, 2008
Whether the business network from which risks arise is a supply chain or a team of outside contract attorneys, intangibles and the reputations for innovation, integrity, and quality that they support are assets to be managed actively.
Broad Injunction Issued in Toy Infringement Case
December 22, 2008
In December, U.S. District Judge Stephen Larson of the Central District of California granted Mattel a sweeping injunction that essentially shuts down MGA's Bratz operation. Larson ordered MGA to cease manufacturing, marketing and selling almost every doll in the Bratz line, as well as any ancillary product that makes use of images of those dolls. He also ordered MGA, at its own expense, to deliver all infringing dolls and products to Mattel for impoundment.
Solving an IP Practice Business Need with Patricia
December 22, 2008
In January 2003, Duane Morris recognized a need to provide a better IP docketing system. The new docketing system needed to be user-friendly and give users the ability to create reports quickly and efficiently. It also needed to provide a flexible solution for incorporating the dockets of lateral hires during the firm's growth cycle and to integrate the firm's nine separate IP docketing databases into a master database. Finally, it was vital that it work well within the firm's existing infrastructure.
When Is Credit Due? Reallocation for Settlements under 'All Sums'
December 22, 2008
In a multi-insurer coverage case, it is common for the insured to settle with one or more insurers before trial. When that happens in a case in which the court employs the "all sums" scope-of-coverage approach, can the non-settling insurers bring claims of their own against the settled carriers in an effort to reallocate some of their liability to their former co-defendants? If not, is there another mechanism to account for those settlements?
