Your patent is finally filed in the United States Patent and Trademark Office (or the office of your local country). Then you remember your attorney saying something about patents being jurisdictional, whatever that means.... Once you have filed your initial patent application, which is Continue Reading
High Time for Change: Criminal Justice Considerations for Future Cannabis Markets
In this article, Guillermo Artiles and Ryan Magee identify several criminal justice policy issues resulting from New Jersey’s legalization of cannabis and explore ways neighboring states, like Pennsylvania, can address those issues in the context of a broader cannabis legalization policy discussion. Continue Reading
Who’s the Boss? Fiduciary Liability and Directed Trusts
“Directed Trusts”—trusts in which someone other than a trustee has a role in the administration—are becoming more and more commonplace. However, many states impose differing fiduciary standards on trustees and those third parties (so-called “trust directors”). This lack of uniformity leads to Continue Reading
Who Is the Author — You or AI? Tensions Rise over Copyright Protection
Does an inventor need to be human? Vadim Cherkasov and Jeffrey Safran discuss a recent decision in the Court of Appeals for the Federal Circuit involving artificial intelligence (AI) and ideas conceived by AI can be patent protected. For Bloomberg Insights, Cherkasov and Saffran talk about how this Continue Reading
David Kott and Leroy Foster Author Article on Snap Removals
The Current State of Snap Removals Federal district courts currently disagree about whether an in-state defendant can ever remove a case to federal court solely on the basis of diversity jurisdiction. The debate centers on the meaning of 28 U.S.C. § 1441(b)(2), the forum defendant rule, and Continue Reading
Can an “Agreement to Agree” Support Expectation Damages?
Curtis Leitner and Joseph Scholz discuss the use of preliminary agreements under New York law, analyzing relevant case law and explaining the implications for contracting parties. Continue Reading
Bankers Beware: The Reach of the Procuring Cause Standard
The procuring cause standard is a potential area of contract uncertainty for investment bankers, principals, and counsel in New York. Under New York law, it is well-established that, absent an agreement otherwise, a real estate broker is not entitled to a commission unless she is the “procuring Continue Reading
‘Wile E.’ IoT: NIST SP 800–213 and Catching Up with the Internet of Things Cybersecurity Improvement Act of 2020
FEATURE COMMENT: ‘Wile E.’ IoT: NIST SP 800-213 And Catching Up With The Internet Of Things Cybersecurity Improvement Act Of 2020 “Beep beep”—Road Runner Be it running into a rock face, dropping off a cliff, getting blown up, or taking an anvil to the noggin, there was little that would/could Continue Reading
Chancery Limits Enforceability of ‘Reasonable’ Restrictive Covenant Agreements under Delaware Law
A recent decision by the Delaware Court of Chancery is important to understanding how restrictive covenants can be used. Benjamin Smyth discusses the decision and its implications in this article for Delaware Business Court Insider. Continue Reading
SEC Adopts New Executive Compensation Clawback Rules for Public Companies
On November 28, 2022, the Securities and Exchange Commission (the SEC) published final clawback rules (the Final Rules) in response to the long-standing requirement under Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act to increase transparency and disclosure in financial Continue Reading