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.
Calculating Structured Judgments
November 30, 2014
Historically, a defendant would become obligated to pay the full amount of a personal injury judgment in a lump sum as soon as the judgment was entered. In 1985, New York enacted a Periodic Payment of Judgments Act as part of the State's effort at tort reform.
Taking a Stand Where Few Have Trodden
November 30, 2014
A "structured dismissal" of a Chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common. However, only a handful of rulings have been issued on the subject...
IP News
November 30, 2014
Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained
Agreements Without Temporary Maintenance Recitals: Can This Contract Be Saved?
November 30, 2014
In 2010, New York's Legislature enacted Domestic Relations Law (DRL) ' 236, Part B, subd. 5-a, in 2010. The statute, among other things, requires that agreements concerning temporary maintenance that deviate from its formula must, to be enforceable, contain calculations for the amount that would have been set by the formula, and more. The discussion continues herein.
Med Mal News
November 30, 2014
A look at med mal-related legislation in New York and California.
Proactive Information Governance
November 30, 2014
Information governance (IG) is how organizations tackle growing data volumes ' identifying what's important, what isn't, and what to do with it all.
Legal Minefields In Using Twitter For Promotions
November 30, 2014
In today's digital era where consumers rely heavily on social media for news and entertainment, it has become increasingly common for entertainment companies to join the conversation on popular platforms such as Twitter, Facebook and Instagram. Marketers have found that authentic and meaningful engagement with consumers on Twitter can have a lasting impact.
