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Decision of Note<br><i>Empire</i> TV Show Doesn't Infringe Hip-Hop Label Trademark
December 01, 2017
The U.S. Court of Appeals for the Ninth Circuit decided that the Fox TV show <i>Empire</i> didn't violate federal Lanham Act or California trademark rights of the urban music record label Empire Distribution.
To Train or Not to Train: That Is the Question
December 01, 2017
How to determine whether a performance discrepancy is serious enough to warrant action, and how training solutions should then be explored.
Written Opinions Of Counsel: Valuable Tools for Avoiding Willful Patent Infringement
December 01, 2017
Written opinions of counsel are gaining renewed interest as a valuable tool to limit liability for willful patent infringement. A patent opinion that is competently written by a registered patent attorney sets forth the factual and legal basis for finding a patent not infringed, invalid, and/or unenforceable. However, to be effective, the timing of the rendered patent opinion may be critical.
When Terms of Use Put 'Reasonably Prudent User' on Notice
December 01, 2017
On Aug. 17, 2017, the Second Circuit issued its decision in <i>Meyer v. Uber Technologies, Inc.</i>. The appeals court vacated and remanded the trial court ruling by holding that the registration process for Uber Technologies, Inc.'s mobile application formed a legal contract, Less than a month later, the Southern District relied on the <i>Meyer</i> decision in granting the defendant's motion to compel arbitration based on the fact that the design and functionality of defendant's amended terms of use placed plaintiffs' on "reasonably conspicuous notice" of the mandatory arbitration and jury trial waiver provisions.
To Relocate, or Not to Relocate; Was That Even the Intriguing Question in <b><i>Bisbing</i></b>?
December 01, 2017
<b><i>Part One of a Two-Part Article</i></b><p>As of August 2017, the seminal case in New Jersey deciding the issue of the appropriate legal standard for a divorced parent seeking to relocate outside of the state is <i>Bisbing v. Bisbing</i>. This case is an important example that can be used to explore this topic throughout the country.
Ransomware: What to Do When It Happens to You
December 01, 2017
In the event that your company is the victim of a ransomware attack, this article provides steps to be taken as part of its response to such an incident.
The False Claims Act Seal: Does It Bind and Gag the Defendant?
December 01, 2017
<b><i>Part One of a Two-Part Article</i></b><p>A company that finds itself the target of a federal fraud investigation often faces the fraught question of whether it may, or even must, disclose the existence of that investigation to third parties, such as its investors, shareholders, major creditors, or insurers. The question can be even more complicated if that investigation is being pursued under the False Claims Act and arises as the result of a sealed <i>qui tam</i> complaint.
9th Cir. Appellate Arguments; FL Sup. Ct. Ruling on Pre-'72 Recordings
December 01, 2017
Just a few days after the Florida Supreme Court ruled the state's common law doesn't provide pre-1972 sound recordings with rights to public performance royalties, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments on whether remasterings inject pre-1972 sound recordings with federal copyright protection.
The Consequences of Imperfect Foreclosure Affirmations
December 01, 2017
Where the borrower's default is not in dispute, the First Department appears to have recognized that there is little reason to delay the inevitable foreclosure. Discussion of a case in point.
Workplace Bias and Gender Pay Equity in Silicon Valley, 2017
December 01, 2017
It was only a couple of years ago that a jury rejected Ellen Pao's gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital firm. Now, issues of bias and pay equity are again taking center stage, with almost daily media reports about Silicon Valley's gender problem and a continuing list of companies and notable Silicon Valley figures being taken to task with allegations of inappropriate conduct toward women.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • A Playbook for Disrupting Traditional CRM
    Here's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.
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