Buyer Beware: Are You Making It Marital?
August 02, 2014
In some instances, one party purchases a home prior to the marriage, titling it in his or her own name and paying with his or her separate funds. However, in some jurisdictions, the purchaser,may be invoking a major exception to the general rule that property one acquires before marriage is "non-marital" property.
IP News
August 02, 2014
Federal Circuit: Cuban Company Has Standing to Request Trademark Cancellation<br>Supreme Court: High Court Agrees to Consider the Preclusive Effect of TTAB's Decisions<br>TTAB: TTAB Cancels Redskins Trademarks for Disparaging Native Americans
Practice Tip: FDA's Allowance of Off-Label Information
August 02, 2014
The FDA recently issued a draft guidance document to make "recommendations" and to clarify its position regarding the dissemination of scientific information that discusses unapproved (off-label) uses of approved products. Here's what you need to know.
Patentability of Computer- Implemented Inventions
August 02, 2014
On June 19, 2014, the U.S. Supreme Court issued another in a line of cases dealing with the issue of the patentability of software inventions. Based on this opinion, one thing remains clear: The issue is far from definitively decided.
Obstruction of (Contemplated) Justice
August 02, 2014
In the wake of the guidance provided by the federal appellate decisions affirming the distinctions between ' 1519 and the other obstruction statutes in recent years, prosecutors have been increasingly relying on this anti-shredding provision to file charges based on a variety of fact patterns well outside the typical norm for obstruction cases
Real Property Law
August 02, 2014
Analysis and interpretation of five recent rulings.
What Can U.S. Legislators Learn from the European View of Good Faith?
August 02, 2014
The concept of "good faith" exists in most civil law jurisdictions but is frequently interpreted in different ways. Common law jurisdictions, such as the United States, however, generally have an uneasy relationship with the concept of a duty of good faith, as is illustrated by the case law and proposed legislation.
Data Breaches and Insurance Coverage
August 02, 2014
When a breach of the data occurs and confidential information is accessed by unauthorized persons, the financial consequences to the business entity may be substantial. But when that business seeks defense and indemnification from its insurer, the insurer just might push back.