Court Watch
December 31, 2013
Preliminary Injunction Issued Against Franchisees That Disregarded Pricing Promotion <br>Noting New York City's Density, Court Enforces, But Limits, Restrictive Covenant<br>Presidential Executive Order Gives Ford Right to Terminate Syria Contract
E-mails and Privilege for In-House Counsel
December 31, 2013
Courts employ a heightened standard when companies attempt to shield their employee'in-house lawyer communications under the attorney-client privilege. The dominant reason for this scrutiny is the recognition that employees often involve in-house counsel in business and legal-related conversations, forcing courts to scrutinize whether the putatively privileged communication pertained to legal or business advice.
Post-Termination Enforcement of Franchise Agreements
December 31, 2013
A particularly vexing issue for franchisors is enforcing the post-termination obligations against the former franchisee, and against others acting in concert to usurp the benefits of the franchise relationship after it has expired or terminated. A recent decision in New Jersey federal court provides some insight on how to address these issues.
Ubi Sunt, Buck-Out Lease?
December 23, 2013
Despite predictions in several quarters, the so-called buck-out lease appears alive and healthy, if not as robust as it once was.
Franchise Compliance
December 23, 2013
How can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?
IP News
November 30, 2013
New Patent Litigation Reform Bills Introduced <br>U.S. Supreme Court Hears Oral Argument on Burden Of Proof for Licensee-DJ Plaintiff<br>A Split Federal Circuit Denies En Banc Rehearing In Case Involving Finality Of a Judicial Decision<br>Federal Circuit Explains Exhaustion of Method Patents
DJ Dropped from Dispute Over Use of Beastie Boys Music
November 30, 2013
After the Beastie Boys sued over the unlicensed use of several of the rap group's tracks in a remix on the soundtrack to a promotional video, defendant energy-drink maker Monster Energy Co. tried to shift the blame onto an unsuspecting disc jockey. That tactic didn't sit well with Southern District Judge Paul Engelmayer, who dismissed the DJ from the litigation.
Patent Quality, Post-Grant Review, And the GAO Report on Patent Litigation
November 30, 2013
One of the many elements of the sweeping America Invents Act of 2012 (AIA) was a directive to the Government Accountability Office (GAO) requesting a report on factors affecting patent litigation. The GAO released its report in August. Perhaps surprisingly, the GAO found that NPEs were not the main contributor to alleged problems with patent litigation in the United States. Instead, the GAO concluded that poor patent quality was to blame for most nuisance infringement suits.
Establishing Copyright Damages When Party Moves for Summary Judgment
November 30, 2013
Section 504(b) of the Copyright Act allows a copyright owner to obtain both the owner's actual damages as well as an infringer's profits attributable to the infringed work that weren't included in the actual damages award. What are the burdens of proof when a copyright infringement plaintiff seeks this recovery after a pre-trial summary judgment motion has been filed? How does an expert's report work into this?