Unmanned Aircraft Opportunities and Risks
November 30, 2014
Unmanned Aircraft System (UAS) technology has reached critical mass. There are now very sophisticated aircraft that are easy to fly, cost less than a new television, and have the ability to record and broadcast video and other data. While this may sound like a classic American success story, there is a fundamental problem: Most of this activity is illegal in the U.S.
Practice Tip: Intelligent Cars
November 30, 2014
Recent technological advances are allowing the car industry to consider a shift away from the need for a driver because of increasingly intelligent and connected vehicles. This article briefly surveys the major legal challenges likely to be faced during this evolution in several key areas
Legal Presumptions of Consumer Confusion and Injury in Lanham Act Cases
November 30, 2014
The United States Court of Appeals for the Second Circuit "clarified certain aspects of [its] false advertising jurisprudence" and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham Act. <i>Merck Eprova AG v. Gnosis S.p.A.</i>
Analyzing Advertiser Liability for Blogger Reviews
November 30, 2014
This holiday shopping season, millions of Americans will look to their social media friends or favorite bloggers for advice when deciding which gifts to buy. And with over 42 million blog sites in the United States alone, there are plenty of "peer" opinions to consider. But are consumer-generated product-related reviews or commentary always the mere opinion of the person posting them, as many readers may believe?
Case Notes
November 30, 2014
In a recent decision subject to multiple flaws, the United States District Court for the District of Massachusetts refused to dismiss a suit against the manufacturer of an investigational drug and medical device used in a clinical trial based on the allegedly inadequate warnings the clinical trial investigator provided to patients in obtaining their informed consent to the trial.
Verdicts
November 30, 2014
In-depth analysis of litigation involving a clinical trial ruling.
What Constitutes 'A Sale' and 'an Offer to Sell'?
November 30, 2014
The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.
How to Approach a Law Firm Merger/Acquisition
November 30, 2014
Many law firms ' of all sizes and types ' believe that their future organizational and financial security is linked to growth and/or diversification. They are seeking the lateral addition of experienced lawyers through the acquisition and merger of practices. These firms are seeking to anticipate trends of their clients and in legal practice.
