Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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Castle Defense
February 28, 2015
The battle over expert testimony on patent damages harkens back to the middle ages when would-be attackers developed new strategies for laying siege to a castle, defensive counter-measures were developed to thwart those siege tactics. As plaintiffs have introduced expert testimony based on novel patent damages theories, defendants have asked courts to fulfill their gatekeeping role by preventing certain types of expert testimony from reaching the jury.
Franchisor Wins IP Dispute
February 28, 2015
In bankruptcy, the debtor is entitled to reject (not perform) burdensome contracts. For franchise agreements that contain trademark licenses, the effects of rejection are decided on a case-by-case basis. Sometimes the licensees of the trademarks can continue to use the trademarks over the objection of the franchisor and sometimes not. This issue arose in the Crumbs Bake Shop case in connection with the sale of its assets.
Time Tracker by eBillity
February 28, 2015
For more than a decade we tracked our lawyers' time and generated bills using various iterations of Sage Timeslips, which ran on a backend server tucked away in our office. But over the last several years, we noticed Timeslips began to slow down. It reached the point that time tracking and billing, an unpleasant and time-consuming distraction at the best of times, became far more painful than it needed to be.
<b><i>Online Extra</b></i> FTC Cracks Down on Online Reviews
February 27, 2015
A company that touted its online reviews without mentioning that it gave customers who wrote them a discount settled deceptive advertising charges with the Federal Trade Commission on Feb. 27.
<b><i>Online Extra</b></i> Ninth Circuit Agrees to Revisit Ruling in Model Rape Case
February 27, 2015
With urging from Facebook, Craigslist, eBay and others, the Ninth Circuit has agreed to reconsider a controversial ruling about website operators' duty to warn about potential harm by third parties.
<b><i>Online Extra</b></i> Troll or Copyright Crusader? Freeplay Trades Lawsuits with YouTube Giants
February 27, 2015
A week after being labelled a 'troll' for allegedly extorting licensing fees from businesses that manage YouTube video channels, the music publisher Freeplay Music Inc. showed it's nowhere near backing down from enforcing its copyrights.
<b><i>Online Extra</b></i> Suit Over Teacher's Anti-Gay Facebook Comments Can Proceed
February 27, 2015
A teacher in Union Township in Union County, NJ, who faced tenure charges over her anti-gay postings on Facebook can proceed with her civil rights suit against the school district, a federal judge in Newark has ruled.
<b><i>Online Extra</b></i>FCC Approves Net Neutrality Proposal
February 27, 2015
By a 3-to-2 vote, the Federal Communications Commission on Feb. 26 approved a significant change in rules to promote 'net neutrality.'
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