Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


Alienation Dynamics
December 31, 2015
Alienation dynamics that are purported to operate within a separating and divorcing family are among the most common allegations in child custody litigation. In this article, we discuss the scientific basis of the concept of "alienation" and provide a road map for direct and cross-examination of expert witness testimony.
Preparing for a Data Breach with Cyber Insurance
December 31, 2015
Data breaches continue to escalate and garner national attention. The most recent news-making incident was the hack of electronic toy maker, VTech.
<b><i>At the Intersection: </i></b>Wishin' and Hopin' and Sittin' on Your Hands
December 31, 2015
What if you invented a better mousetrap, but the world didn't beat a path to your door? What if you developed a promising new medicine for a troubling condition, but when the doctor prescribed it, the patient refused to take it, simply sticking it in the desk drawer while continuing to complain about the malady?
Ins and Outs of Group Registration Of Photographs
December 31, 2015
An important part of a professional photographer's life, and that of a photographer's attorney, is protecting the intellectual property produced by that photographer. Many photographers properly compile photographs from unrelated sources and register the photographs in an effort to protect their property rights in the images. Group registration of those images has enabled a much more efficient registration process, but does registration provide the statutory damage protections one might assume should be available?
Protecting Your Company's Data from Security Breaches
December 31, 2015
This article explores some steps counsel can take to protect their organizations from a data breach, and how counsel can proactively help to mitigate any adverse impact in the unfortunate event a data breach occurs.
Consent to Assignment Clauses
December 31, 2015
Last month in Part One of this article, we discussed the fact that most insurance policies contain anti-assignment provisions, purporting to prohibit the assignment of interests in the policy without the insurer's consent. We conclude the discussion herein.
Landlord & Tenant
December 31, 2015
In-depth analysis of two key rulings.
<b><i>Media & Communications: </i></b> Why You Should Be Newsjacking
December 31, 2015
Newsjacking is a method of leveraging hot news items to generate brand recognition and client visibility. Successful newsjackers track breaking news and emerging trends, and use clever thinking to either make connections that put their clients front and center, or to simply insert their clients into a high-profile conversation that otherwise would never have included them.
'Forensic Clairvoyance'
December 31, 2015
Attorneys take a variety of approaches to client preparation in advance of a child custody evaluation, ranging from a "hands-off" stance to hours of guidance. Sadly, trust in the fairness of the evaluation process is, in some cases, quite misplaced, and can lead to unfortunate outcomes.
Hidden and Creeping Franchise Fees
December 31, 2015
Every franchise lawyer knows that one of the conditions for a distribution arrangement to be considered a franchise is that the franchisee is required to pay (whether in cash or other consideration) a "fee" to the franchisor or its affiliate. The term "fee" is broader than it might first appear.

MOST POPULAR STORIES

  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
    Read More ›
  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
    Read More ›
  • Rights and Obligations In Patent Licenses
    The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
    Read More ›
  • Foreseeability as a Bar to Proof of Patent Infringement
    The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale &mdash; especially since it included a new and controversial foreseeability test in its analysis for estoppel.
    Read More ›